
Davey’s Locker
The Tax, Shock, Horror Newsletter by Tony Davey
BUDGET SPEECH 2020/21 TAX YEAR
INDIVIDUALSThe maximum marginal rate for natural persons remains at 45% and is reached when taxable income exceeds R1 577 300 (previously R1,5 million). The minimum rate of tax remains at 18% on taxable income not exceeding R205 900 (previously R195 850). The primary...
Distribution by nonresident trust to RSA beneficiary
Overview of the tax implications ‘Funder’ attribution There is no straightforward, standard rule in advising an RSA beneficiary of the tax implications of a vested right awarded by the trustees of a foreign trust by way of a distribution. First, you need to enquire...
Interaction of taxes
CGT, estate duty and income tax upon death Any tax-structuring should always take cognisance of its impact on other taxes. For CGT purposes, the default position is that a deceased person is assessed on a ‘deemed disposal’ as at date of death, with the death-exclusion...
Tax-residency status – Section 10(1)(o)(ii) amendment revisited
A change of tax-residency status is the only sure-fire way to fully obviate the impact of the RSA tax on foreign employment income exceeding R1 million, effective as from 1 March 2020. As I said in 192 TSH 2019, your tax-residency status is one of fact and determined...
Donations tax – Draft SARS binding general ruling
SARS has recently issued a draft binding general ruling on the two-tier donations tax regime (see the Monthly Listing).Dual rate of donations tax An amendment came into operation on 1 March 2018, to the effect that a 20% rate applies to the aggregate value of property...
Excess contributions to provident funds
Relief coming soon In circumstances in which annual tax-deduction limits to retirement fund contributions are exceeded, a taxpayer may carry forward the nondeductible portion to the following tax year, under s 11F of the Income Tax Act.Ultimately, upon retirement,...
Provident fund annuitisation revisited
Tax harmonisation of retirement fund contributions As from 1 March 2016, all contributions to retirement funds (pension, provident and retirement annuity funds) are treated similarly for tax-deduction purposes, under s 11F of the Income Tax Act. The tax-deduction...
Soft loans to nonresident trusts revisited
And more on s 7C of the Income Tax Act In 168 TSH 2017, I examined the interaction between the various sections of the Income Tax Act pertaining to resident funders of nonresident trusts. It is time to revisit this topic. Attribution rules (s 7(8))Section 7(8)...
Emigration and retirement fund access
In my previous article ‘Foreign employment income amendments’ (192 tsh 2019), I focused on the tax tests allowing one to achieve nonresident status. The further issue arises of the ability of an emigrant to access his or her retirement funds, and the tax treatment of...
State-capture beneficiaries and tax
An Al Capone strategy better than problematical prosecution In 189 TSH 2018 I canvassed aspects of donations tax relevant to ‘state capture’. Now it is time to look at its income tax implications. SARS’s mandate (updated 27 February 2019) is to ensure tax collection...
Foreign employment income amendments
Myths abound ‘Financial emigration’ Amidst the panic created by the amendments to s 10(l)(o)(ii) of the Income Tax Act, which, with effect as from 1 March 2020, will subject to tax in the RSA foreign employment income in excess of R1 million earned by RSA taxpayers...
Section 7C revisited
Dynamic tax environment can create opportunities Sometimes amendments to the tax legislation, albeit unwittingly, can have favourable results for a taxpayer. As the saying by the inventor, Alexander Graham Bell, goes, ‘when one door closes, another opens’. An example...

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