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Latest Posts in Tax Q&A

Are legal expenses for CCMA legal advice deductible?

  Written by Marc  

A company I worked for claimed intellectual property of software I developed in my private time for a private client. Their claim was based on the wording in my employment contract. When I refused to hand over the IP, they made my life a living hell. I left the company citing constructive dismissal and went to the CCMA. While I represented myself, I paid a labour lawyer for consulting on what to do.

Can the costs of the labour lawyer be seen as a legal expense even though I lost the CCMA case? I was claiming 12 months salary which would have been taxable....



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Need an extension on eFiling?

  Written by Marc  

Hi Tim! Will the taxman give me an extension on my eFiling ? I get my statement from 2013 only in /- in a weeks time !

What do I apply for in Freelance?

  Written by Marc  

Hi.I am getting paid a fixed monthly amount from a company to do merchandising for them 3 times a week.This is my only source of income? (R7000,00 per month)I will also need to pay my petrol with this income as the job require traveling?What do I need to apply as?will it be a tax directive or a provisional tax payer?

Tax on incentive and bonus

  Written by Marc  

If I earn R5 133 gross per month and I receive a incentive of R3900 and a 13th Cheque of R5133, will I pay Tax on incentive or bonus?

Young Disabled rebates applicable?

  Written by Marc  

What are the rebates for disabled people below age 65?

Can you process a SARS Tax Number for me?

  Written by Marc  

I need to have Tax Number from SARS. Can you process that for me?

Implications for permanent residence application if non-res performs work outside SA for SA employer

  Written by Marc  

Hi Tim,I am responding to your answer to a question: https://www.taxtim.com/blog/how-do-i-know-if-i-am-a-tax-resident-of-south-africa#comment-1301I don't seem to be able to respond within the thread.I am in a similar position - also a UK national on a local contract since April 2012 (first two years on an intra-company transfer visa, now on a general work permit) and it looks like I might have to work on projects outside SA.If I do this and reduce my tax liability, what does this do to my a...



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Treatmnet of taxable earnings refunded in clawback of maternity leave

  Written by Marc  

My question is around the treatment of the tax on maternity leave that is clawed back. Our company pays 4 months full pay while an employee is on maternity leave,but there is a clawback should the employee resign within 12 months of returning from maternity leave.

We calculate the clawback on a gross salary plus allowances and any benefit payments, eg: Basic pay, plus travel allowance, plus company paid medical aid, plus company paid provident fund, and deduct the sum of these from any outstanding money due to the employee. We deduct the total due as an advance and credit the cost centre accordingly....



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How to claim Motorcar expenses

  Written by Marc  

I am self employed (Handyman) and use my car to get to the places of business. I keep a log of km traveled for business. SARS informs me I am NOT allowed to claim any expenses with respect to my motor vehicle. Is that true? If not how to go about it?

Claim full loan premium vs only interest paid

  Written by Marc  

For investment properties, how do I declare the full debit order amount as a loss, instead of only the interest paid on the loan?

Previous company did not forward IRP5 , now I am being penalized.

  Written by Marc  

I really hope that you can help me. I have incurred a penalty because my previous employer did not forward my IRP5 for this passed financial year and therefore I did not file for that job's IRP5. Is there anyway that I can resubmit with the additional form? I was owed a rebate but now with the penalty, that is no more, and also if it is possible to resubmit, will a once again receive a rebate?

I really hope that there is a way to rectify this.

I need my tax reference number please?

  Written by Marc  

i dont know my tax id number can you send it to me please

Debit Loan Accounts & DWT

  Written by Marc  

I'm the sole member of a CC & have a debit loan account amount of approx R200,000 for the 2014 tax year.I believe that this raises certain DWT issues etc and was wondering if the CC charges me market related interest on this amount for the year & adds this amount to my loan account, would this solve my problem & not have to declare a dividend to balance the loan?If also heard that if the deemed dividend rule (DWT) will not apply if the loan is repaid or otherwise extinguished by...



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What is meant by "reduced assessment" and "additional assessment" in my ITA34?

  Written by Marc  

Hi TaxTim.

What is meant by "REDUCED ASSESSMENT" and "ADDITIONAL ASSESSMENT" in my IT34?

Thanks in advance.

Confused by SARS eFiling

  Written by Marc  

I did not submit a return last year as I had no income. I want to submit my current return, but I have no idea how to sort last year out....

Submission extension with SARS?

  Written by Marc  

how do I apply for a tax extension?

When to receive money on my account from SARS?

  Written by Marc  

When does the money appear in my bank account, after submitting my tax return (individual)

Started late in the year - when do I file and will I receive a refund?

  Written by Marc  

I started working at a company in August of this year (2014).My gross annual salary is R360,000/year.Since I am paying taxes based on a full 12-month cycle but would only have worked 7 months by End of March 2015, when do I need to file my first tax return and would I be eligible for a refund?Many thanks,Gideon

Do students doing internship pay tax and also earning less than R5000?

  Written by Marc  

I have been paying tax since I was a house committee at the university getting less than R500 then I became student assistant and got paid less than R4000 and still paid tax now i'll be doing my internship and will be getting around R5000 I want to know how much does one has to earn to pay tax because someone told me it has to be more than R5000?

Net Capital of Business for Sole Proprietors?

  Written by Marc  

I'm a Sole Proprietor.Under "Statement of Local Assets and Liabilities" there is a field "Net Capital of Business, Trade, Profession or Farming"I've already filled in all Profit and Loss under the section of "Local Business, Trade and Professional Income (incl. Rental Income)Do I just fill in the result (of Profit and Loss) again under "Net Capital of Business, Trade, Profession or Farming"?

should I do a tax form.

  Written by Marc  

I've worked in the DRC up to June 2013. Then I was put on pension. I was unemployed up to April 2014. I was not sure whether I still have to do my tax certificate. Thanks

Am I deducted or refunded?

  Written by Marc  

I am from the SARS for the first time in my life to submit my tax returns, I have received a sms Amount -R1459.79 does this mean its penalty or its an amount I receive on my bank?

Business parking fees

  Written by Marc  

Where in eFiling do you log business parking fees?
(If your business is in a business park)

What does "Return - Data Submitted to ITS" mean?

  Written by Marc  

Hi, my SARS status says "Return - Data Submitted To ITS" and has not changed since I submitted my assessment on 2014/09/07.

No one has asked for any documents or anything else, and I have not gotten any sms's from SARS as yet.

I did make a change to my assessment yesterday but reverted the change and saved again so the table with the Return Type, status, date, etc shows two records. One with a status of "Filed through eFiling" and the other with "Saved".

What doe...



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Do I need to include my pdf certificates?

  Written by Marc  

Do I need to include my IRP5 certificate, Momentum and medical aid tax forms with my return?
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