Understanding Residency in Terms of Tax

When earning an income in South Africa, you are probably paying tax. The Income Tax Act 58 of 1962 (“the Act”) describes gross income as: “(i) in the case of any resident, the total amount, in cash or otherwise, received by or accrued to or in favour of such resident; or (ii) in the case […]

The ‘Big Three’ Tax Worries (part 1): Cars

What keeps taxpayers awake at night? Judging by the many questions that I’ve been asked as a tax practitioner over the years, there is a definite ‘Big Three’ when it comes to problems that cause taxpayers sleepless nights: cars, shares, and property. The tax treatment of these three items probably causes more anxiety, and has […]

The ‘Big Three’ Tax Worries (Part 3): Property

Rounding up our series on the three main worries for taxpayers, we discuss property. So, you now know how to claim your car expenses on your tax return, and are reasonably confident that you can now manage your share investments without incurring the wrath of SARS. But the one thing that really keeps you awake […]

Set-Off of Assessed Losses, and Ring-Fencing

Unless you’re at the 45% marginal tax rate, most losses can be set off against other income. If a person is not at the maximum marginal tax rate, can they opt to have their taxable loss from their sideline business, e.g. bookkeeping, offset against the taxable income from normal employment (on which they pay PAYE) […]

Tax Issues Relating to Independent Contractors

The following question was recently received from one of our readers: I see myself as an independent contractor as I do contract work (project management) for different companies. In the 2023 income tax year, I worked for four companies, of which only one indicated on their IRP5 under code 3616 that the income I earned […]

What’s In a Name?

The differences between an allowance, an advance, and a reimbursement are critical when it comes to tax. What’s the difference between an allowance, an advance, and a reimbursement? To many people, these are different terms for the same thing, but to SARS, the category that a payment falls into is critical when it comes to […]

Ten Easy Ways to Save Tax

No fancy schemes, loopholes, or expensive lawyers required – and it’s all perfectly legal! Paying tax is a legal responsibility, but that doesn’t mean you can’t make the most of legal avenues to reduce your tax burden. SARS provides a number of tax-efficient strategies that individuals and businesses can use to reduce their taxable income. […]

Understanding Your Rights as a Taxpayer

Tax Assessments and the Promotion of Administrative Justice Act (PAJA). We all pay taxes in one way or another, but as a taxpayer, it is important to understand your rights when dealing with tax authorities, the laws applicable, and whether your constitutional rights might be affected. One of the most common taxes paid is personal […]

What to Do When Tax Is Not Cut and Dried

Do you have a complex transaction, and don’t know which way SARS will go? Ask them upfront! Many entities enter into complex transactions where the tax issues are not cut and dried, but the risk of SARS ruling against them is too great. The good news is that since October 2006, there has been a […]

When SARS Says ‘No’, They Must Tell You Why

Taxpayers have the right to obtain reasons for decisions by SARS. When I was about three years old, my mother admonished me not to play with matches, and like the precocious brat I was, I demanded to know “why”. Many a parent, faced with similar demands from their offspring, would be tempted to exert parental […]