Retirement planning – Distributing retirement fund death benefits
Allocating death benefits, and determining appropriate methods of payment Once the board of trustees has determined the beneficiaries and is satisfied that its proposed allocation is fair and equitable, the beneficiaries must elect how they would like to receive the death benefit. The final duty of the trustees is to determine the most appropriate manner […]
VAT treatment of irrecoverable debts
What happens to the VAT that was paid over to SARS? Vendors often provide goods or services to clients on credit. In the current economic climate, clients are more likely to acquire goods or services on credit and may thereafter be unable to settle these debts. Other factors, for example disputes, may also result in […]
When performance fees punish
Six nasty hidden pitfalls that hammer your investments Performances fees are becoming an increasingly popular method of charging among asset managers—but there are nasty hidden pitfalls in calculations that can cost investors dearly. A growing number of asset management companies are turning to performance fees as an alternative to fees as a percentage of assets […]
Banking on the banks
SA’s major banks show a robust recovery, delivering strong financial performance despite complex conditions Trading conditions in South Africa began 2022 with momentum, as the first quarter GDP figure reflected an economy that returned to pre-pandemic levels. This outcome was underpinned by the lifting of lockdown restrictions, strong terms of trade, and high commodity prices. […]
Follow due process, yes—but be reasonable!
Condonation for the late filing of legal documentation depends on whether the interests of justice will be served by the court granting such condonation. IN TAXPAYER M v CSARS (Case Number VAT1826) heard by the Gauteng Tax court, Windell, J handed down an important decision regarding the validity of a default notice (and the resultant impact on […]
Tax compliance lives beyond death
A deceased estate takes on a (tax) life of its own while being wound up I started my first job back in September 1987 at the tender age of 18, and approximately nine months later I received my very first income tax return from the Receiver of Revenue (as SARS was known in those days), […]
Testamentary trusts still have their place
How you can protect your assets from predators—including SARS Trusts have received a lot of bad press over the past few years, what with SARS taking a dim view of the use of trusts as a means of avoiding tax. A 2008 case involving a property trust, where the beneficiaries were changed in the hope […]
Two retirement pots: Limited access, compulsory preservation
Is the proposed two-pot retirement system ‘stirring the pot’ in the retirement fund industry? The Draft tax legislation released by National Treasury on 29 July 2022 contains details of the much anticipated two-pot retirement system. The proposed changes are quite far-reaching—although there will also be criticism that the changes do not go far enough. The […]
When SARS requests supporting documents
E-filing doesn’t allow ‘secured’ or password-protected documents to be uploaded—but there is a solution Following SARS Commissioner Edward Kieswetter’s announcement that he intends to rebuild SARS’ enforcement capabilities as part of his quest to become the scourge of recalcitrant taxpayers, there has been a noticeable increase in requests from SARS for the submission of supporting […]
Ring-fencing trading losses
Top-rate taxpayers need to watch out for Section 20A SECTION 20 of the Income Tax Act 58 of 1962 deals with the set-off of losses from a trade against other income. In general, such set-off is allowed (see sub-paragraph (1)(b)), provided that the loss is incurred in the taxpayer’s own name (i.e. not in a […]