THE QUICK PAYROLL

TAX GUIDE 2018/19

Quick Reference
Subsistence Allowance
Travel inside RSA – incidentals only R128
Travel inside RSA – meals and incidentals R416
Travel outside RSA – meals and incidentals Schedule of limits per country
Reimbursed Kilometres (Travel)
Current rate is R3.61 per kilometre.
Long Service Award
The first R5 000 of the asset given to an employee is free from tax. The value of the asset
that exceeds R5 000 is taxed as an Acquisition of an Asset.
Long service is defined as an initial unbroken period of service of at least 15 years and
any subsequent unbroken period of service of at least 10 years.
Official Interest Rate (Low and Interest Free Loans/Debts)
Reserve Bank repurchase rate plus 1% from 1 March 2011. The repurchase rate was 7%
from April 2016 and decreased to 6.75% from August 2017.
UIF Limit - R14 872 per month as from 1 October 2012.
OID Limit - R403 500 per annum for 2017/2018.
The proposed limit for 2018/2019 is R430 944 per annum, which has not yet been
promulgated at the time of printing.
BCEA Earnings Threshold - R205 433.30 per annum as from 1 July 2014.
Medical Scheme Fees Tax Credits
• R310 for main member • R310 for first dependant • R209 for each additional dependant.
Bursaries
A bona fide bursary, enabling a person to study at a recognised educational or
research institution.
Open bursary: Exempt from tax.
Closed bursary: Exempt if granted to an employee and the employee agrees to repay
the employer if the employee does not complete the studies. Also exempt if granted to
a relative of an employee, unless the employee’s remuneration for the previous year of
assessment was above R600 000. If the remuneration for the previous year of assessment
was R600 000 or less, the first R20 000 of the bursary is exempt for a qualification up to
NQF level 4, and the first R60 000 of the bursary is exempt for an NQF level 5-10 quali-
fication. As from March 2018, there are different tax exemption thresholds for bursaries
granted to an employee’s family member with a disability.

The following limits may change during the year: Official interest
rate, UIF limit, OID limit and BCEA earnings threshold.
Contents

Key to Icons

1. Terminology 2

2. Definitions & Employees’ Tax Concepts 3

• 2.1 Employer 3
• 2.2 Employee 3
• 2.2.1 Labour Broker 3
• 2.2.2 Personal Service Providers (PSP) 4
• 2.2.3 Independent Contractors and ‘Deemed Employees’ 5
• 2.2.4 Non-Executive Directors
• 2.3 Remuneration 6
• 2.3.1 Remuneration Proxy 7
• 2.3.2 Balance of Remuneration 8
• 2.3.3 Net Remuneration 8
• 2.3.4 Deemed Remuneration and Directors of Private Companies 8
• 2.3.5 Variable Remuneration 9
• 2.4 Residence Based Taxation 10
• 2.4.1 Ordinarily Resident 10
• 2.4.2 “Deemed” Resident - Physical Presence Test 10
• 2.5 Standard Employment and Temporary Employees 10
• 2.6 Directives 11
3. Allowances, Advances, Reimbursements & Other Remuneration 12
• 3.1 Allowance 12
• 3.2 Advancs 12
• 3.3 Reimbursement 12
• 3.4 Travel Allowance 12
• 3.4.1 Reimbursive Travel Allowance 13
• 3.4.2 Estimating a Travel Allowance for an Employee 13
• 3.4.3 Establishing the Rate per Kilometre of the Vehicle 14
• 3.4.4 Travel Allowance on Assessment 15
• 3.5 Subsistence Allowance 16
• 3.6 Share Incentive Schemes 16
• 3.6.1 Taxation of Gains made in respect of Rights to Acquire 17
• Marketable Securities 17
• 3.6.2 Taxation of Broad-Based Employee Share Plans 17
• 3.6.3 Taxation of Vesting of Equity Instruments 17
• 3.7 Arbitration Awards 17
• 3.8 Severance Benefit Lump Sums - Gratuities due to
Retirement or Death/Retrenchment. 18
• 3.9 Back Pay / Antedated Salaries 18
4 Exempt Income 19
• 4.1 Uniform Allowance 19
• 4.2 Relocation Allowance 19
• 4.3 Foreign Employment Income 20
• 4.4 Bursaries and Scholarships 20
• 4.5 Lump Sum Compensation for Occupational Death 21
5 Tax Deductions 22
• 5.1 Employee Contribution Towards Retirement Funds 22
• 5.1.2 Statutory limits 22
• 5.2 Income Replacement Policies 22
• 5.3 Employee Medical Aid Contributions 22
• 5.3.1 Medical Scheme Fees Tax Credits 23
• 5.3.2 Additional Medical Expenses Tax Credits 23
• 5.4 Payroll Giving (Employee Donations) 24
6 Fringe Benefits 25
• 6.1 Acquisition of an Asset at Less than the Actual Value 25
• 6.2 Right of Use of an Asset 25
• 6.3 Right of Use of Motor Vehicle 26
• 6.4 Meals, Refreshments and Meal and Refreshment Vouchers 28
• 6.5 Residential Accommodation 28
• 6.6 Free or Cheap Holiday Accommodation 30
• 6.7 Free or Cheap Services provided by the Employer 30
• 6.8 Low or Interest-Free Loans / Debt 31
• 6.9 Medical Aid Contribution 32
• 6.10 Benefits in Respect of Insurance Policies 33
• 6.11 Employer Contributions Towards Retirement Funds 33
• 6.11.1 Defined Contribution Fund 33
• 6.11.2 Defined Benefit Fund 34
• 6.11.3 Hybrid Fund 34
• 6.11.4 Retirement Funding Income (RFI) 34
• 6.12 Payment of Debt or Release from Debt 34
7. Monthly Reconciliation and Payments 35
8. Annual Reconciliation and Tax Certificates 36
9. Income and Assessment 37
• 9.1 Gross Income 37
• 9.2 Exempt Income 37
• 9.3 Deductions from Income 38
10. Employment Tax Incentives (ETI) 39
• 10.1 Employer 39
• 10.2 Employee 39
• 10.3 Incentive Amount 40
• 10.4 Unavailability of the Incentive Amount 41
• 10.5 Incentives Carried Forward 41
• 10.6 Reimbursement of Carried Forward Incentive Amounts 41
11. Unemployment Insurance Fund (UIF)49 42
• 11.1 Employee 42
• 11.2 UIF Remuneration from which the Contribution must be Calculated 43
• 11.3 UIF Contributions 43
• 12. Skills Development Levies (SDL) 44
• 12.1 Employer 44
• 12.2 Employee 44
• 12.3 SDL Remuneration (Leviable Amount) 44
• 12.4 Skills Development Levy 45
13. Occupational Injuries And Diseases (OID) 46
• 13.1 Employee 46
• 13.2 Earnings to be Included for the OID Annual Return (W.As 8) 46
• 13.3 OID Limit 47

IRP5 Codes 48
2018/2019 Tax Tables 51
Key to Icons

Helpful Hints
General information to assist with the practical application of a topic.

Budget Proposals
Changes to these items were proposed in the budget, but were not yet
promulgated at print time. Please visit our website or the SARS website,
www.sars.gov.za for updated information.

Possibility to Change
These items may change during the course of the year. Please visit our
website or the SARS website, www.sars.gov.za for updated information.

DISCLAIMER
This document includes amendments to the Income Tax Act (1962) up to and including the Taxation Laws Amendment
Act 2017, and the Tax Administration Laws Amendment Act 2017. It also includes the proposed budget changes
although these had not yet been promulgated at the time of printing.
Although care has been taken with the preparation of this document, Quick Payroll makes no
warranties or representations as to the suitability or quality of the documentation or its fitness for any purpose and the
client uses this information entirely at own risk.
The purpose of this document is to address employees’ tax and only include references to income tax where applicable.

COPYRIGHT NOTICE
© Copyright 2018 by Quick Payroll under the Copyright Law of the Republic of South Africa. No part of this publication
may be reproduced in any form or by any means without the express permission in writing.

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1. Terminology

All references to ‘he‘ or ‘his’ includes ‘she’ or ‘her’ in the case of a female taxpayer,
and ‘it’ or ‘its’ refers to a taxpayer other than an individual, and is not intended to be
discriminatory.
The word ‘company’ when used in the context of the Income Tax Act, 1962 includes a
close corporation, and the term ‘director of a private company’ includes a member of a
close corporation who performs the same duties.
A person includes both a natural person and a legal entity.
A natural person for tax law purposes is:
• an individual,
• a sole proprietor, or
• a partner in a partnership.
A legal entity for tax law purpose is:
• a public company,
• a private company,
• a close corporation,
• a trust, or
• any divisional council, municipal council, village management board or like
authority.

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2. Definitions & Employees’ Tax Concepts

Employees’ tax is an advance payment against the liability for income tax at the end
of the tax year, and is collected through a system of employees’ tax and provisional tax
payments. The employer must withhold employees’ tax from all remuneration paid or
payable to an employee during the tax year, and the Fourth and Seventh Schedules to the
Income Tax Act have been devoted to this requirement.
Remuneration and employees’ tax are thus merely estimates to allow the advance
collection of income tax on a regular and equitable basis.
The Fourth Schedule to the Income Tax Act requires three elements to be present before
employees’ tax can be withheld for payment to SARS:
• an employer
• paying remuneration
• to an employee.
2.1 Employer (Paragraph 1, Fourth Schedule)
An employer is defined by the Fourth Schedule as being any person who pays or is liable
to pay any person (natural or legal) any amount by way of
remuneration.
2.2 Employee (Paragraph 1, Fourth Schedule)
An employee is defined by the Fourth Schedule as:
• any person, excluding a company, who receives/accrues any remuneration,
• any person who receives remuneration for services rendered to or on behalf of a
labour broker,
• any labour broker,
• any class or category of person declared by notice in the Gazette to be an
employee,
• any personal service provider, and
• any director of a private company.
2.2.1 Labour Broker
A labour broker is any natural person who for reward:
• provides a client with other persons to render a service or perform work for the
client, or
• procures other persons for a client, and remunerates those other persons for their
services to or work done for the client.

A labour broker must always be processed on the payroll, whether

in possession of an IRP30 or not. Note that a labour broker for
employees’ tax purposes can only be a natural person.

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If the labour broker is not in possession of an IRP30 exemption certificate issued by SARS,
employees’ tax must be withheld from the payment made to the labour broker.
All payments made to a labour broker with an IRP30 must be reported on the tax certificate
against code 3619, and all payments made to a labour broker without an IRP30 must be
reported on the tax certificate against code 3617.
2.2.2 Personal Service Providers (PSP)
A company or trust is classified as a personal service provider if: (tick the appropriate
blocks)
any services are rendered personally to a client of the company or trust by a
1
connected person to the company or trust,
And
the person would be regarded as an employee had he rendered the services directly
to the client (i.e. not through the company/ trust),
Or
the service must be performed mainly at the premises of the client
2 and the service provider is subject to control or supervision as to the manner in
which the service is performed,
Or
more than 80% of the income of the company or trust from services rendered
consists, or is likely to consist of amounts received from any one client,
Except
if the company or trust throughout the year of assessment employs 3 or more
employees who are on a full time basis rendering the
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service on behalf of the company, other than a shareholder or member of the
company or trust or a connected person to such person.
If (1) and (2) is ticked, the company or trust is a PSP.
If only (1) or (2) is ticked, the company or trust is not a PSP.
If (3) is ticked, the company or trust is not a PSP, even if (1) and (2) is ticked.
If the only ground on which the entity is declared to be a PSP is the “80% of service
income” rule, the entity may supply the client an annual affidavit that it does not receive
80% of its service income from any one client, and the client may rely on this affidavit in
good faith.
A personal service provider is taxed at a rate of:
• 28% for a personal service provider company and
• 45% for a personal service provider trust.

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 A company or trust that is not a personal service provider must
not be loaded into the payroll, nor receive a tax certificate.

2.2.3 Independent Contractors and ‘Deemed Employees’

When dealing with natural persons only, an amount paid for services rendered is excluded
from remuneration if the payment is made to:
• a resident of South Africa and
• the payment is for services rendered in the course of carrying on any independent
trade.
A person will not be an independent contractor (i.e. is an employee for employees’ tax
purposes) if he:
is not a resident of South Africa, or
renders services to or on behalf of a labour broker, or
1 is a labour broker, or
is a personal service provider, or
if services must be performed mainly at the premises of the person paying for or
2 requesting the service and the service provider is subject to control or supervision as
to the manner in which the duties are performed or to the hours of work.
Except
if the person throughout the year of assessment employs 3 or more
3 employees who are on a full time basis rendering the service on behalf of the
person, other than connected person to such person.
If (1) is selected at any time, the person is not an independent contractor.
If only (2) is selected, the person is not an independent contractor.
If (2) and (3) are selected, the person is an independent contractor.
The amount paid for services rendered by an individual who is determined not to be an
independent contractor is deemed to be remuneration and is subject to PAYE.

Report all remuneration paid to an independent contractor on

the tax certificate against code 3616.

2.2.4 Non-Executive Directors (SARS Binding General Ruling 40)

SARS issued Binding General Ruling 40 to clarify the employees’ tax consequences of
income received by a non-executive director (NED) effective 1 June 2017.
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2.2.4 Non-Executive Directors (SARS Binding General Ruling 40)
SARS issued Binding General Ruling 40 to clarify the employees’ tax consequences of
income received by a non-executive director (NED) effective 1 June 2017.
The Ruling confirms that resident non-executive directors are not common law employees
and that no control or supervision is exercised by the company, over the manner in which
a NED performs his/her duties or the NED’s hours of work. The fees received for services
rendered as a NED do no constitute remuneration and no PAYE must be withheld.
This applies to a non-executive director of a private and a public company.
The resident NED may request the employer to deduct voluntary PAYE from payments
made to him/her.

This is not applicable to non-resident NEDs. Fees earned for

services rendered by a non-resident NED are seen as remuneration
and PAYE must be withheld.

2.3 Remuneration (Paragraph 1 and Paragraph 11A(1), Fourth Schedule)

Remuneration is defined as any amount of income which is paid or payable by way of any
salary, leave encashment, wage, overtime pay, bonus, gratuity, commission, fee, voluntary
award, lump sum payment, annuity, emolument, pension, superannuation allowance,
retiring allowance or stipend, whether in cash or otherwise, and whether or not in respect
of services rendered.
In addition to the general definition above, the following items are specifically included in
remuneration:
• annuities,
• any amount received for services rendered by virtue of any employment or the
holding of any office,
• restraint of trade payments,
• any amount received in respect of the relinquishment, termination, loss,
repudiation, cancellation or variation of any office or employment, excluding
lump sum awards from a pension, provident or retirement annuity fund, lump sum
benefits from a pension, provident or retirement annuity fund,
• any amount received in commutation of amounts due under any contract of
service,
• the cash equivalent of any fringe benefits calculated in accordance with the
provisions of the Seventh Schedule, except the user of motor vehicle fringe benefit
(see Fringe Benefits, section 6),

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• an allowance or advance included in taxable income by section 8(1)(a)(i), other
than a travel, subsistence or public office allowance,
• 80%/20% of any travel allowance,
• 80%/20% of the cash equivalent of the user of motor vehicle fringe benefit,
• 100% of the portion of reimbursive travel allowance that exceeds the prescribed
rate per kilometre (rate per kilometre for the simplified method, fixed by the
Minister of Finance by notice in the Gazette) as from March 2018,
• 50% of any allowance granted to the holder of a public office to defray expenditure
incurred for the purposes of his office,
• gains made by the exercise, cession or release of any right to acquire marketable
security as contemplated in section 8A,
• gains made from the disposal of any qualifying equity share as contemplated in
section 8B, and
• gains made as a result of the vesting of any equity instrument or return of capital
as contemplated in section 8C.
• certain dividends in respect of section 8C equity instruments.
The following items are specifically excluded from the definition of remuneration:
• amounts paid in respect of services rendered by a person ordinarily resident in
South Africa in the course of any trade carried on independently,
• any pension payable under the Aged Persons Act, 1967 or the Blind Persons Act,
1968,
• any disability grant or allowance under the Disability Grants Act, 1968,
• any grant or contribution under the Children’s Act, 1960,
• any amount paid to an employee wholly in reimbursement of expenditure actually
incurred by the employee in the course of his employment, and
• any annuity under an order of divorce or decree of judicial separation, or under any
agreement of separation.
2.3.1 Remuneration Proxy (Section 1)
Remuneration proxy is the remuneration as defined in the Fourth Schedule, derived by an
employee from an employer during the year of assessment immediately preceding that
year of assessment.
Where the employee was not employed by the employer for the whole of the preceding
year, the remuneration he/she received from the employer for the portion of the year he/
she was employed by the employer, must be calculated pro rata for the full 365 days.
If the employee was not employed by the employer for any portion of the preceding year,
the employee’s remuneration for the first month he/she is employed by the employer,
must be calculated pro rata for a full 365 days.

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2.3.2 Balance of Remuneration (Paragraph 2(4), Fourth Schedule)
The amount of employees’ tax to be withheld from the employee is calculated on the
balance of remuneration, which is the remuneration remaining after deducting:
• current and arrear contributions to approved pension fund schemes and retirement
annuity funds that are processed on the payroll, within specified limits (see Tax
Deductions, section 5),
• at the option of the employer, current and arrear contributions to approved
retirement annuity funds by the employee for which proof was provided, within
specified limits (see Tax Deductions, section 5),
• any donation by the employee, made by the employer for which the employee
received a S18A(2)(a) receipt, within specified limits (see Tax Deductions, section 5),
• contributions towards approved provident fund schemes, as from March 2016 (see
Tax Deductions, section 5

Employees’ tax calculated in terms of a directive is based on

remuneration and not on the balance of remuneration.

2.3.3 Net Remuneration (Paragraph 11B(1), Fourth Schedule)

Net remuneration is calculated by excluding certain items from balance of remuneration.
These items include amongst other:
• remuneration paid to employees who are not in standard employment (temporary
employees),
• remuneration paid to a director of a private company or a member of a close
corporation,
• travel allowances,
• public office allowances,
• annuities from benefit funds, and
• lump sums from retirement funds. This is not applicable from March 2016.
2.3.4 Deemed Remuneration and Directors of Private Companies (Paragraph 11C,
Fourth Schedule)
Amendments to the Fourth Schedule to the Income Tax Act that came into effect on 1
March 2002 included directors of private companies (and members of close corporations
according to section 1 of the Income Tax Act) in the definition of ‘employee’. It also
removed the exclusion of payments made to directors from the definition of ‘remuneration’,
thereby including these payments in remuneration.

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The concept of ‘deemed remuneration’ for directors was also introduced with effect from
1 March 2002. Deemed remuneration is calculated according to the following formula:
Y=T/N
where
Y is the amount to be determined,
T is the balance of remuneration of the previous year of assessment, excluding:
• termination lump sums,
• retirement lump sums or withdrawal benefits,
• amounts in terms of commutation of amounts under an employment contract, and
• gains made in terms of sections 8A, 8B or 8C on the Income Tax Act that were
included in remuneration.
N is the number of completed months the employee was employed by that company in
the previous year of assessment.
If the balance of remuneration for the previous year of assessment is not yet determined,
then T is the balance of remuneration of the year preceding the previous year of assess-
ment, increased by 20%.
If the balance of remuneration for the preceding year of assessment has also not yet
been determined, you need to apply for a directive from SARS.
Employees’ tax is calculated on the highest value when actual and deemed remuneration
is compared.
With effect from 1 March 2004, no deemed remuneration will be applicable if more than
75% of “T” in the formula consists of fixed monthly payments.
A director can apply for a hardship directive (IRP3d) when the actual remuneration of the
previous year is significantly larger than the estimated remuneration for the current year.

From March 2017, directors of private companies and members of

close corporations should be taxed on their actual remuneration only

2.3.5 Variable Remuneration (Section 7A, 7B and Paragraph 2(1B), Fourth Schedule)
Generally, remuneration is taxable on accrual or receipt, whichever event occurs first.
However, in the case of ‘variable remuneration’, PAYE must be withheld on the date which
the amount is paid to the employee.
Variable remuneration is defined as:
• overtime;
• bonuses;
• commission;
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• an allowance or advance paid in respect of transport expenses such as a travel
allowance, and
• leave paid out.
2.4 Residence Based Taxation (Section 1)
From 1 March 2001 the “Residence Based” taxation system replaced the “Source Based”
taxation system that was previously used in South Africa.
The residence based system states that an employee must be taxed on his world-wide income
in the country where he is resident. Note that citizenship is not equivalent to residency - a
non-South African citizen can become a resident of South Africa by virtue of the physical
presence test, and is then liable for income tax in South Africa on his world-wide income.
Non-residents must be taxed on income derived from a source within South Africa.
According to section 1 of the Income Tax Act, a person can either be ordinarily resident or
a ‘deemed’ resident by means of the physical presence test.
2.4.1 Ordinarily Resident
The courts have interpreted “ordinarily resident” to mean the country to which the
individual would normally return to from his wanderings. It would be the country where
the individual’s usual or principal residence is located.
2.4.2 “Deemed” Resident - Physical Presence Test
An individual who is not ordinarily resident during the year of assessment will be deemed
to be a resident if he is physically present in South Africa:
• for more than 91 days in aggregate in the current year of assessment and
• for more than 91 days in aggregate in each of the five preceding years of assessment
and
• for more than 915 days in aggregate during the five preceding years.
If a person who is a “deemed” resident leaves South Africa for at least 330 continuous days,
the person will not be a “deemed” resident effective from the first day he left South Africa.
2.5 Standard Employment & Temporary Employees (Paragraph 11B, Fourth Schedule)
Employees are in standard employment if they work 22 hours or more per week. Employees
are also in standard employment if less than 22 hours per week are worked and no other
job is held. The employer must have a written declaration from the employee that no other
job will be held during the period that the employee is employed by the current employer.
Employees that work less than 22 hours per week and have more than one job are in
non-standard employment, and are called temporary employees.
Examples of temporary employees are:
• casual commissions paid, such as “spotters” fees,
• payments to casual workers for irregular or occasional services rendered, or
• fees paid to part-time lecturers.

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Employees in non-standard employment are taxed at a rate of 25% of the balance of
remuneration. If the following criteria apply, no tax may be deducted:
• at least 5 hours on a specific day are worked, and
• the daily rate of pay is less than the daily equivalent of the annual tax threshold.
Employees in standard employment are taxed by applying the latest table of Statutory
Rates of Tax to their annualised balance of remuneration.

Standard employment in the paragraph above has been deleted

from the Income Tax Act effective March 2016. However, these
guidelines are now contained in the SARS Guide for Employers and
‘Other Employment Tax Deduction Tables’.

There is a special ruling for certain labour-only sub contractors in the building industry only,
whereby the employer must withhold 6% of remuneration for PAYE, 2% of UIF remuneration
for UIF contributions and 1% of the leviable amount for skills development levy. The
directive number for this ruling is CON181356.
2.6 Directives
Tax directives are issued in accordance with paragraph 9(1), 9(3), 10, 11 and 11A of the Fourth
Schedule, authorising employers how to deduct employees’ tax from certain remuneration.
Tax directives are always issued in relation to a specific tax year.
The following tax directive application forms are available:
IRP3(a) – Gratuities paid by the employer,
IRP3(b) – Hardship directives – tax deducted at a fixed percentage, IRP3(c) – Hardship
directives – a fixed amount of tax to be deducted,
IRP3(d) – Hardship directives for deemed remuneration of directors (not applicable from
March 2017),
Form A to E – Various lump sum benefits payable by funds, IRP3(s) – Share options:
section 8A or 8C amounts.

From March 2017, directors of private companies and members of

close corporations should be taxed on their actual remuneration only

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3. Allowances, Advances, Reimbursements & Other Remuneration

3.1 Allowance
An allowance is granted to an employee where the employer is certain that business
related expenses will be incurred by the employee, but where the employee does not
have to account for expenses to the employer. The value of the allowance is based on the
expected business-related expenditure.
3.2 Advance
An advance is paid in lieu of business expenses an employee will incur and for which the
employee must provide proof to the employer. The value of the allowance is based on
the expected business-related expenditure. The difference between the advance and the
actual expense will be recovered by either the employer or the employee.
3.3 Reimbursement
A reimbursement is a repayment by the employer to the employee for business-related
expenditure incurred by the employee on instruction by the employer and is subject to
proof of the expenditure.
3.4 Travel Allowance (Section 8(1)(b) and Paragraph (cB) of the Definition of
Remuneration, Fourth Schedule)
A travel allowance is granted to an employee in respect of travelling expenses for business
purposes. This is a fixed allowance that the employee receives every pay period, regardless
of actual business kilometres travelled in that period.
Private travel includes travelling by the employee between his place of residence and
his place of employment or business, as well as any other travelling done for his private
purposes.
Any travel expenses paid or reimbursed (other than a reimbursement for actual business
kilometres travelled) by the employer, whether paid for directly or by issuing a garage or
petrol/fuel card, are regarded as a travel allowance.
For PAYE purposes, SARS requires the deduction of PAYE from 80% of a travel allowance,
unless the employee uses the vehicle at least 80% for business, then SARS requires the
deduction of PAYE from 20% of a travel allowance. The full travel allowance must be
disclosed on the employee’s tax certificate against code 3701.

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3.4.1 Reimbursive Travel Allowance (Section 8(1)(b) and Paragraph (cC) of the
Definition of Remuneration, Fourth Schedule)
Reimbursements calculated using the actual business kilometres travelled are not regarded
as being a travel allowance, regardless of the rate per kilometre used or the distance
travelled. From March 2018, 100% of the portion of the reimbursive travel allowance that
exceeds the prescribed rate of R3.61 (rate per kilometre for the simplified method, fixed by
the Minister of Finance by notice in the Gazette) is included in remuneration and subject
to PAYE.
The portion of the reimbursive travel that does not exceed the prescribed rate of R3.61 is
excluded from remuneration and not subject to PAYE.
Report the reimbursement on the tax certificate against code 3702 if:
• the rate of reimbursement exceeds the prescribed rate, or
• more than 12 000 business kilometres are reimbursed in the tax year, or
• a travel allowance is paid in addition to the reimbursed amount.
Report the reimbursement on the tax certificate against code 3703 if:
• the rate of reimbursement is less than the prescribed rate, and
• less than 12 000 business kilometres are reimbursed in the tax year, and
• no travel allowance is paid in addition to the reimbursed amount.

Please note that effective March 2018, the reporting requirements

of reimbursive travel allowance may change, pending the finalisation
of the PAYE Business Requirements Specification Document (BRS).

3.4.2 Estimating a Travel Allowance for an Employee

It is to the advantage of an employee who is required to travel for business purposes to
have a realistically estimated travel allowance paid to him during the tax year.
If the allowance is too low, it is possible that the travel expenses claimed on assessment
will exceed the allowance. If business travel expenses are claimed that are more than
the allowance, only expenses up to the amount of the allowance will be granted, and the
employee will be effectively penalised.
If the allowance is excessive and not based on realistic estimates, it can be seen by SARS
to be an abuse, and disallowed as a travel allowance.
The calculation of a realistic travel allowance should be done in the same way that SARS
will assess the allowance at the end of the tax year. Three elements are required to
calculate the travel allowance:
• an estimate of the business kilometres to be travelled in the year,
• an estimate of the private kilometres to be travelled in the year, and
• the rate per kilometre applicable to the value of the car.
13
The calculation of a realistic travel allowance should be done in the same way that SARS
will assess the allowance at the end of the tax year. Three elements are required to
calculate the travel allowance:
• an estimate of the business kilometres to be travelled in the year,
• an estimate of the private kilometres to be travelled in the year, and
• the rate per kilometre applicable to the value of the car.

3.4.3 Establishing the Rate per Kilometre of the Vehicle

The determined value of the vehicle is the original purchase price including VAT but
excluding finance charges and interest. Use this value to look up the position of the
vehicle used for the travel in the table.
The rates per kilometre are divided into three components on the schedule, namely fixed
cost, fuel cost and maintenance cost.
The fixed cost element covers the cost of depreciation, loss of interest, licensing and
insurance for the year, and must be divided by the total kilometres (private and business)
travelled in the tax year to give a fixed cost rate per kilometre.
The fuel and maintenance costs are given as a rate per kilometre, and must be added to
the fixed cost rate per kilometre only where the employee bears the cost of these items.

Value of the Vehicle Fixed Cos Fuel Cost Maintenance

(including VAT) R R/annum c/km Cost c/km

0 – 85 000 28 352 95.7 34.4

85 001 – 170 000 50 631 106.8 43.1

170 001 – 255 000 72 983 116.0 47.5

255 001 – 340 000 92 683 124.8 51.9

340 001 – 425 000 112 443 133.5 60.9

425 001 – 510 000 133 147 153.2 71.6

510 001 – 595 000 153 850 158.4 88.9

exceeding 595 000 153 850 158.4 88.9

14
Diagram to estimate a travel allowance for an employee

1 Value of car (incl. VAT) Supplied by employee

2 Estimated private kilometres Supplied by employee

3 Estimated business kilometres Supplied by employee

4 Total estimated kilometres Calculate: 2 + 3

5 Fixed cost Lookup in table

6 Fixed cost per kilometre Calculate: 5 / 4

7 Fuel cost per kilometre Lookup in table

8 Maintenance cost per kilometre Lookup in table

9 Total cost per kilometre Calculate: 6 + 7 + 8

10 Travel allowance Calculate: 3 x 9

This calculated allowance is an annual value. It is further suggested that an additional

value is added to the allowance in order to accommodate a variance from the estimated
kilometres used in the calculation.
10addition to granting a travel allowance, then the value of the annual travel allowance
as calculated above should be reduced by the estimated value of the reimbursements.
3.4.4 Travel Allowance on Assessment
If the employee retained supporting documentation (i.e. proof of actual expenditure and
a logbook of business kilometres travelled), then the actual expenditure can be claimed
on assessment, but limited to the value of the allowance. The actual number of business
kilometres travelled is used to calculate the claim and the prescribed rate per kilometre
can be used, or actual costs can be used to determine a true rate per kilometre.
If no supporting documentation is retained, the employee will not be able to claim any
expense on assessment.
The cliam is always limited to the value of the travel allowance.

Individuals wanting to claim business travel expenses must keep a

logbook from March 2010. Keep at least the following information:
date of travel, start and end destinations, reason for travel (e.g.
client you went to see), business kilometres travelled.

15
3.5 Subsistence Allowance (Section 8(1)(c) and Paragraph (bA) of the Definition
of Remuneration, Fourth Schedule)
In order to qualify for a subsistence allowance, the employee must be required to spend at
least one night away from his usual place of residence. Subsistence allowance payments
are excluded from remuneration and are never subject to PAYE, irrespective whether the
actual payment exceeds the limits.
Payments that exceed the limits will be assessed by SARS.
The following are the deemed expense amounts for subsistence allowances for the
2018/2019 tax year:
Travel within the Republic:
• R128 per day for incidental expenses only, and
• R416 per day for meals and incidental expenses.
Travel outside the Republic:
• A schedule of rates per country, published on the SARS website.
Subsistence allowances for local travel up to the values of R128 and R416 per day must be
reported against code 3714. If the value of the allowance exceeds these daily limits, the
full value of the allowance must be reported against code 3704.
Subsistence allowances for travel outside South Africa up to the values indicated in the
schedule per country must be reported against code 3714. If the value of the allowance
exceeds these daily limits, the full value of the allowance must be reported against code
3715.
Codes 3704 and 3715 must also be used if the employer pays any of the actual costs in
terms of which the allowance was granted. Employers should in fact reduce the daily limit
by the value of the actual costs paid by the employer.
An employee may be given a subsistence advance in lieu of nights the employee will
spend away from his usual place of residence. The employer has to reconcile the
advance by the following month. If the employee did not travel as intended, the advance
has to be repaid to the employer or the advance must be taxed in full as a general
allowance or salary.
3.6 Share Incentive Schemes
The purpose of this section is to clarify the taxation of shares and share incentive schemes
(as part of remuneration on the payroll), and not to detail the complex issues surrounding
the setup of these schemes. Note that certain shares may again be taxable at a later
stage (as part of income on assessment).

16
3.6.1 Taxation of Gains made in respect of Rights to Acquire Marketable Securities
(Section 8A)
According to paragraph 11A of the Fourth Schedule, an employer must apply for a directive
on the gain made from the exercise, cession or release of any right to acquire any marketable
security according to section 8A. The rights in terms of this section would have been
acquired before 26 October 2004.
The difference between the amount paid and the market value at date of exercise,
cession or release is the gain that must be taxed. Process the gain against IRP5 code 3707
and process the tax according to the directive against IRP5 code 4102.
3.6.2 Taxation of Broad-Based Employee Share Plans (Section 8B)
According to paragraph 11A of the Fourth Schedule, an employer must deduct normal tax
on the gain made from the disposal of any qualifying equity share, or any right or interest
in a qualifying equity share according to section 8B.
Process the gain against IRP5 code 3717. The gain must be taxed as an annual/ periodic
earning. Where the employee is not in employment of the employer, tax of 25% must be
deducted.
3.6.3 Taxation of Vesting of Equity Instruments (Section 8C)
According to paragraph 11A of the Fourth Schedule, an employer must apply for a directive
on the gain made from the vesting of any equity instrument or any accrual or receipt of
a return of capital, according to section 8C. These equity instruments would have been
acquired on or after 26 October 2004.
The gain/return of capital must be processed against IRP5 code 3718, and the tax according
to the directive against IRP5 code 4102.

From March 2017, certain dividends in respect of section 8C equity

instruments are seen as remuneration from which PAYE must be
withheld according to the directive.

3.7 Arbitration Awards

Arbitration awards are generally awarded due to unfair dismissal, termination of the
employment contract prior to the expiry date or due to unfair labour practices. Amounts
paid due to unfair dismissal and early termination of the contract is remuneration and is
taxable on the payroll. Amounts paid due to unfair labour practice might be included in
remuneration.
Apply for a directive on arbitration awards using application form IRP3(a). The taxable
portion of the award must be taxed as a periodic/annual earning and reported against

17
IRP5 code 3608. The non-taxable portion of the award must be processed against IRP5
code 3602.
In practice, these directives might be issued indicating the PAYE amount to be withheld
from the arbitration award. In this case, reflect the lump sum against code 3907 and the
PAYE against code 4102.
3.8 Severance Benefit Lump Sums - Gratuities due to Retrenchment, Retirement
or Death
Employer paid gratuities paid due to the retrenchment, retirement or death of an employee
is taxed according to the same rules as retirement fund lump sums from March 2011.
Retirement fund lump sum benefits and severance benefits are subject to a cumulative
exemption of R500 000. The employer is required to apply for a directive in order to
establish the PAYE amount to be withheld. The gratuity must be paid out against IRP5
code 3901, and the tax according to the directive against IRP5 code 4115.
3.9 Back Pay / Antedated Salaries (Section 7B)
Backdated salaries may relate to current and prior tax years. Tax on the total amount
must be determined in relation to the current tax rates.
The portion of the back pay that relates to the current tax year, must be reported
against IRP5 code 3601. The portion of the back pay that relates to any prior tax year
must be reported against IRP5 code 3907, which is taxed as a periodic/annual earning.
In order to facilitate the employee’s assessment, the employer must provide the
employee with a schedule indicating the value of remuneration and its apportionment
to applicable tax years.

Any amount paid/payable due to services rendered should not

be included in the severance benefit amount on the tax directive
application, for example, bonuses, pro-rata bonuses, notice pay,
and leave paid out.

3.9 Back Pay / Antedated Salaries (Section 7B)

Backdated salaries may relate to current and prior tax years. Tax on the total amount
must be determined in relation to the current tax rates.
The portion of the back pay that relates to the current tax year, must be reported against
IRP5 code 3601. The portion of the back pay that relates to any prior tax year must be
reported against IRP5 code 3907, which is taxed as a periodic/annual earning.
In order to facilitate the employee’s assessment, the employer must provide the employee
with a schedule indicating the value of remuneration and its apportionment to applicable
tax years.

18
4. Exempt Income

All items that are exempt from income are also exempt from remuneration for PAYE
purposes, and include:
• war pension,
• payment of compensation in respect of diseases contracted by persons employed
in mining operations,
• disability pension,
• workmen’s compensation (OID),
• social security under the social security system of any other country,
• pension received from a source outside the RSA,
• income replacement policy pay-outs as from March 2015,
• unemployment insurance payments (UIF), and
• loss of office lump sums (subject to tax directive).
In addition to the above, the following items are also exempt but must be reported on the
payroll.
4.1 Uniform Allowance (Section 10(1)(nA))
The value of a special uniform given by an employer to an employee or so much of an al-
lowance made by the employer to the employee in lieu of any such uniform, as is reason-
able, is exempt from income, provided that as a term of his employment, the employee
is required while on duty to wear the special uniform and it is clearly distinguishable from
ordinary clothing. The amount paid as an allowance must not be subjected to employees’
tax, and must be reported against code 3714 on the tax certificate.
4.2 Relocation Allowance (Section 10(1)(nB))
Expenses may arise as a result of the transfer of an employee from one place to another.
The following expenses borne by the employer are exempt from tax:
• the expenses of transporting the employee, members of his household and their
personal goods from the previous place of residence to the new place of residence,
• the expense of hiring residential accommodation in a hotel or elsewhere for the
employee or members of his household for a period of 183 days after the transfer
took effect, and
• those costs incurred by the employee in respect of the sale of his previous residence
and in settling into permanent accommodation at his new place of residence.
The following items are exempt from tax if the employer reimburses the employee for:
• registration of a mortgage bond and legal fees,
• transfer duty,
• cancellation of a mortgage bond, and

19
• an agent’s fee on the sale of the employee’s previous residence,
• new school uniforms,
• replacement of curtains,
• motor vehicle registration fees, and
• telephone, water and electricity connection.

All relocation allowance values must be reported against code

3714 – Other allowances (Excl), whether paid through the payroll
or not.

f the employer pays for the following two items, these amounts are subject to employees’
tax, and must be reported on the tax certificate against code 3713 (Other allowances taxable):
• loss on the sale of a previous residence, and
• architect’s fees for the design of a new residence.
4.3 Foreign Employment Income (Section 10(1)(o)(ii))
The income of a person who is outside South Africa for purposes of rendering services for
or on behalf of his employer for a period which is in aggregate more than 183 days during
any 12 month period, and which includes a period of more than 60 continuous days
during that 12 month period, is exempt from income tax. This income must be reported
against the foreign employment income codes on the tax certificate.
4.4 Bursaries and Scholarships (Section 10(1)(q) and Section 10(1)(qA))
A bona fide bursary or scholarship granted to any person (i.e. an “open” bursary) to study
at a recognised educational or research institute is exempt from tax.
If the bursary or scholarship is granted to an employee with and without a disability (i.e.
a “closed” bursary), it will be exempt from tax as long as the employee agrees to repay
the employer if the employee fails to complete the course of study. No repayment is
necessary if the failure directly results from death, ill-health or injury.
If the bursary or scholarship is granted to an employee’s relative without a disability (i.e.
a “closed” bursary):
• if the employee’s remuneration proxy was above R600 000, then the full amount
of the bursary is taxable (i.e. no exempt portion) irrespective of the value of the
bursary.
• if the employee’s remuneration proxy was R600 000 or less, then the first R20
000 (per annum) of the bursary is exempt if it is for basic education (up to NQF
level 4) or the first R60 000 (per annum) of the bursary is exempt if it is for higher
education (NQF level 5-10).
20
If the bursary is taxable, it must be taxed as a fringe benefit (even though bursaries are
are not specified in the Seventh schedule which deals with fringe benefits), and reported
against code 3809 for basic education and code 3820 for higher education. The exempt
portion must be reported against code 3815 for basic education and code 3821 for
higher education.
If the bursary or scholarship is granted to an individual with a disability who is a family
member of an employee who is liable for the family care and support of that
individual (i.e. a “closed” bursary):
• if the employee’s remuneration proxy was above R600 000, then the full amount
of the bursary is taxable (i.e. no exempt portion) irrespective of the value of the
bursary.
• if the employee’s remuneration proxy was R600 000 or less, then the first R30
000 (per annum) of the bursary is exempt if it is for basic education (up to NQF
level 4) or the first R90 000 (per annum) of the bursary is exempt if it is for higher
education (NQF level 5-10).
If the bursary is taxable, it must be taxed as a fringe benefit (even though bursaries are
not specified in the Seventh schedule which deals with fringe benefits). SARS confirmed
that 4 new fringe benefit IRP5 codes will be created to report the non-taxable and taxable
values of the new exemption thresholds, which has not yet been made available at the
time of printing.

The disability must be a disability according to the diagnostic

criteria prescribed by the Commissioner and diagnosed by a duly
registered medical practitioner

4.5 Lump Sum Compensation for Occupational Death (Section 10(1)(gB)(iii))

Compensation paid in respect of the death of any person where that death arises out of
and in the course of the employment, will be exempt from income tax if it:
• was paid in addition to any compensation in terms of the Compensation for Occu-
pational Injuries and Diseases Act,
• does not exceed an amount of R300 000, and
• was paid by the employer of that person.
An IRP3(a) directive application form must be submitted to SARS irrespective of the
amount that will be paid.
The tax portion according to the directive must be reflected against IRP5 code 4115 and
the lump sum payment is reflected against IRP5 code 3922.

21
5. Tax Deductions (Paragraph 2(4), Fourth Schedule)

5.1 Employee contribution towards retirementfunds (also see Section 11F)

From March 2016, any employee contributions (employee and deemed employee contribu-
tions) towards a retirement fund (pension, provident and retirement annuity) are tax
deductible, subject to a limit which must be applied by the employer. Previously, contributions
towards a provident fund were not tax deductible. The employee may contribute more
than these limits, but he will only receive the tax benefit up to the statutory limit. Any
contributions made by the employee in excess of the limits will reduce the taxable value
of any lump sum paid in future.
For the purpose of this paragraph, a partner in a partnership must be deemed to be an
employee of the partnership.

The employer contribution to a retirement fund which is taxed as

a fringe benefit, is a deemed employee contribution and must be
taken into account when calculating the tax deductible value.

5.1.2 Statutory limits

The total annual deduction for any contributions (including buy-back & voluntary contributions)
towards retirement funds are limited to the lesser of:
• 27.5% of remuneration (excluding severance benefits and retirement fund lump
sums) or
• R350 000.
The above limit is applied to the employee contributions (employee and deemed employee
contributions) towards all retirement funds and not separately to each fund.
In the case where the employee has contributed towards a retirement annuity and provided
proof to the employer (private retirement annuity), the employer may give the benefit to
the employee, at the option of the employer.
5.2 Income Replacement Policies
An income replacement policy is a policy that covers the employee against loss of income
as a result of illness, injury, disability or unemployment. From March 2015, premiums
towards an income replacement policy are no longer a tax deduction.
5.3 Employee Medical Aid Contributions (Paragraph 9(6), Fourth Schedule)
From 1 March 2014, medical aid contributions are no longer a tax deduction for employees
who are 65 or older. If an employee or employer contributes towards a medical aid registered
under the Medical Schemes Act, the employee will be entitled to a tax credit amount. If
an employee or employer contributes towards a foreign medical aid registered under
22
similar provisions contained in the laws of that country, the employee will also be entitled
to a tax credit amount.
Medical tax credits must be deducted from the employee’s normal tax calculated for the
month.

The employer contribution to a medical aid which is taxed as a

fringe benefit, is a deemed employee contribution and must be
taken into account when calculating the tax credit amount.

5.3.1 Medical Scheme Fees Tax Credits (Section 6A)

An employee is entitled to a medical scheme fees tax credit in respect of medical scheme
contributions paid by the employee, irrespective of the employee’s age.
The monthly medical scheme fees tax credit amounts are:
• R310 for the main member,
• R310 for the first dependant, and
• R209 for each additional dependant.
Where the contributions are not processed on the payroll (i.e. the employee belongs to a
private medical aid), employers may at their option take into consideration contributions
to a registered medical scheme which the employee has paid directly and supplied proof of.

The medical tax credit amounts have not yet been promulgated
at time of printing.

5.3.2 Additional Medical Expenses Tax Credits (Section 6B)

An employee who is 65 years or older on the last day of the year of assessment, is entitled
to additional medical expenses tax credits from March 2016.
The additional monthly tax credit is 33.3% of the medical scheme contributions (employee
contributions and fringe benefit) which exceed three times the amount of the normal
medical scheme fees tax credit to which the employee is entitled to.

The employer contribution to a retirement fund which is taxed as

a fringe benefit, is a deemed employee contribution and must be
taken into account when calculating the tax deductible value.

23
5.4 Payroll Giving (Employee Donations)
Employers must take into consideration any donation made by the employee that is paid
over by the employer on behalf of the employee and for which the employer is issued a
S18A(2)(a) tax receipt.
The maximum value of any donation that may be deducted from remuneration is limited
to 5% of balance of remuneration, before taking into account the employee donation tax
deduction.

24
6. Fringe Benefits

The term fringe benefit refers to payments made to employees in a form other than cash.
A taxable benefit is deemed to have been granted by the employer to the employee if
such benefit is granted as a reward for services rendered or to be rendered.
The Income Tax Act specifies in the Seventh Schedule how to calculate the value of the
benefit that accrues to the employee for employees’ tax purposes. The Commissioner uses
market value for some types of benefits, cost price for others and special formulae for the rest.
For the purposes of this section, a partner in a partnership is deemed to be an employee
of the partnership.
6.1 Acquisition of an Asset at Less than the Actual Value (Paragraph 5, 7th Schedule)
A taxable benefit arises where an employee acquires an asset consisting of any goods,
commodity, financial instrument or property of any nature (other than money), either for
no consideration or for a consideration that is less than the value of the asset.
The value of the taxable benefit is the market value of the asset at the time the employee
acquires the asset, less any consideration given by the employee. The cost of the asset
must be used instead, where:
• the asset is movable property (other than marketable securities or an asset which
the employee had prior use of ) and was acquired to dispose of it to the employee,
or
• the asset was held as trading stock (other than marketable securities), unless the
market value is less than the cost, then use the market value.
No value is placed on:
• fuel and lubricants supplied for the use of a company car (including a petrol card),
• an asset awarded as a long service award or bravery award up to R5 000.
Long service is defined as an initial unbroken period of service of at least 15 years and
any subsequent unbroken period of service of at least 10 years.
As from 1 March 2014 no value is placed on immovable property that is acquired by the
employee, provided the following conditions are met:
• the remuneration proxy of the employee was R250 000 or less, and
• the market value on the date of acquisition of the immovable property is R450 000
or less, and
• the employee should not be a connected person in relation to the employer.
6.2 Right of Use of an Asset (Paragraph 6, 7th Schedule)
A taxable benefit arises where an employee has been granted the private or domestic use
of any asset either free of charge or for a consideration that is less than determined value
25
of the private or domestic use of the asset, less any consideration given by the employee
for its use during that period and any amount spent by him on its maintenance or repair.
The determined value is either:
• the amount of the rental/lease if the asset is hired or leased by the employer, or
• if the employer owns the asset, 15% per annum of the lesser of the cost to the
employer or the market value of the asset when the employee is first granted the
use of the asset.
The calculated value is an annual value that must be apportioned to each month in the
tax year.
No value is placed on the asset if:
• the private use is incidental to the business use,
• it is provided as an amenity or for recreational purposes at the place of work or for
the use of employees in general,
• it is equipment or machines which the employees in general may use from time to
time (which does not exceed a value determined by the Minister in a public notice),
• it is telephone or computer equipment which the employee mainly uses for business
purposes, or
• it consists of books, literature, recordings or works of art.
This paragraph does not apply to clothing.
Use of the employer’s motor vehicle or accommodation is dealt with separately.
6.3 Right of Use of Motor Vehicle (Paragraph 7, 7th Schedule)
A taxable benefit arises where an employee is granted the right to use the employer’s
motor vehicle. Private use includes travelling between the employee’s place of residence
and his place of work, as well as other private travel.
The determined value of a motor vehicle which is acquired or manufactured by the
employer before March 2015 is:
• the cost of the vehicle to the employer, excluding finance charges and interest but
including VAT borne by the employer and the value of any maintenance plan,
if the vehicle was acquired under a sales agreement,
• the retail market value, including VAT borne by the employer and the value of
any maintenance plan, at the time the employer first obtained the use of the
vehicle if the vehicle was acquired under a lease (other than an operating lease), or
• in any other case, the market value of the vehicle, including VAT borne by the
employer and the value of any maintenance plan, at the time the employer first
obtained the right to use the vehicle.

26
 “Borne” means that if VAT was applicable, the employer was not
entitled to an input tax credit for the related VAT.

From March 2015, the value to be used as the determined car value is the retail market
value as determined by the Minister in a regulation. The regulation is only applicable
to vehicles acquired or manufactured from March 2015. Please see the SARS guide for
employers for more detail.
Maintenance plan is defined as a contractual obligation undertaken by a provider to
underwrite the costs of all maintenance of that motor vehicle, other than costs related
to top-up fluids, tyres or abuse of the vehicle. The obligation is for at least 3 years and 60
000 kilometres from the date the provider undertakes the contractual obligation, and may
terminate when either condition is met.
Depreciation of 15% according to the reducing-balance method is allowed for each
completed 12 month period from the date the employer first obtained the vehicle or the
use of the vehicle, to the date the employee was first granted the use of the vehicle. This
means that an employee who had the use of a vehicle, then stopped using the vehicle
and later started using the vehicle again, must be taxed on the determined value that was
calculated the first time and is not entitled to any further depreciation.
The fringe benefit value placed on the private use of a motor vehicle for each month or
part of a month during which the employee was entitled to the private use is:
• 3.5% of the determined value of the motor vehicle, or
• 3.25% of the determined value if the determined value includes the value of a
maintenance plan, or
• in the case of an operating lease, the actual rental cost to the employer (including
VAT borne by the employer) and the fuel cost, less any consideration given by the
employee, other than consideration in respect of license, insurance, maintenance
or fuel cost.
An operating lease is a rental contract which includes all the following conditions:
• the employer must rent the vehicle from a company that is in the business of
renting cars,
• the vehicle may be rented by the public for a period of less than a month,
• the cost of maintaining the vehicle must be borne by the rental company and
• the risk of the loss or damage must not be assumed by the employer.

27
 In order for individuals to claim a reduction in the fringe benefit
value, claim for costs such as license, insurance, maintenance or
fuel, it is required that a logbook is kept. The claims may now only
be made on assessment.
Note that the kilometres travelled by a judge from his home to
court, will be seen as business kilometres from 1 March 2011.

No value is placed on the private use of the employer’s vehicle if:

• it is a “pool” car that is available to be used by employees in general, the private use
is infrequent or incidental to the business use and the vehicle is not normally kept at
or near the residence of the employee, or
• the employee’s duties require him to use the vehicle regularly outside normal working
hours, and the private use is infrequent or incidental to the business use.
For PAYE purposes, SARS requires the deduction of PAYE from 80% of the fringe benefit
value, unless the employee uses the vehicle at least 80% for business, then SARS requires
the deduction of PAYE from 20% of the fringe benefit value. The full use of motor vehicle
fringe benefit value must be disclosed on the employee’s tax certificate against code
3802 or 3816.
6.4 Meals, Refreshments and Meal and Refreshment Vouchers (Paragraph 8, 7th
Schedule)
A taxable benefit arises when an employee has been provided with a meal or refreshment
or with a voucher entitling him to a meal or refreshment either free of charge or for a con-
sideration less than the value of the meal or refreshment. The value of the taxable benefit
is the cost to the employer less any consideration paid by the employee.
No value is placed on the meal if:
• it is provided in a place mainly or wholly patronised by the employees or a place on
the employer’s premises, or
• it is provided during business hours, extended business hours or on a special
occasion.
6.5 Residential Accommodation (Paragraph 9, 7th Schedule)
Residential accommodation provided to an employee either free of charge or for a
consideration that is less than its determined rental value gives rise to a taxable benefit.
The residential accommodation may be furnished or unfurnished, and it may be provided
with or without fuel, power or water.
The value of the taxable benefit in respect of residential accommodation must be the
determined rental value less any consideration paid by the employee. The residential

28
accommodation may be furnished or unfurnished, and it may be provided with or without
fuel, power or water.
The value of the taxable benefit in respect of residential accommodation must be the
determined rental value less any consideration paid by the employee.
The rental value to be determined is an amount calculated using the following formula:
(A - B) x C/100 x D/12 where:
A = remuneration proxy (excluding residential accommodation fringe benefit)
B = R78 150 from 1 March 2018 (subject to certain exclusions)
C = 17 unless the accommodation consists of at least 4 rooms
= 18 if unfurnished and power or fuel is supplied by the employer
= 18 if furnished and no power or fuel is supplied by the employer
= 19 if furnished and power or fuel is supplied by the employer
D = the number of completed months in the year of assessment during which the
employee is entitled to the accommodation

The value of “B” has not yet been promulgated at time of printing.
Please verify this value before doing the calculation.

The meaning of a “room” for the purposes of the above formula has been interpreted by
SARS as being a “separate part of the inside of a building”. A “room” does not only include
bedrooms, but all rooms such as bathrooms, toilets, living rooms, bedrooms, kitchens and
studies. Each “room” in an open plan area that is clearly distinguishable must also be
counted as a separate room.
If the employer supplies the employee with residential accommodation and
• the employer obtained the accommodation from an unconnected party in terms of
a transaction at arm’s length and
• the ownership of the accommodation does not vest in the employer then
the fringe benefit value should be the lower of
• the amount calculated with the formula or
• the expenditure incurred in respect of that accommodation by that employer (cost
to the employer).
The formula must be applied where the employee has an interest in the accommodation.
No value is placed on any accommodation provided in South Africa to an employee who
is away from his usual place of residence in South Africa.
No value is placed on accommodation provided to an employee whose usual place of

29
residence is outside South Africa:
• for a period that does not exceed 2 years from date of arrival in South Africa to
perform the duties of his employment, or
• if the employee is in South Africa for less than 90 days in the year of assessment.
The accommodation will however be taxable:
• if the employee was in South Africa for more than 90 days in the year of assessment
preceding the date of arrival in South Africa to perform the duties of his employment, or
• to the extent that it exceeds the limit of R25 000 per month.
6.6 Free or Cheap Holiday Accommodation (Paragraph 9(4), 7th Schedule)
The value of any holiday accommodation provided by an employer is:
• the rent and expenses paid relating to such accommodation in relation to the
period it was occupied, if the accommodation is hired by the employer, or
• in any other case, the rate at which the accommodation could normally be let to
any person who is not an employee.
6.7 Free or Cheap Services provided by the Employer (Paragraph 10, 7th Schedule)
The value consists of the employer’s cost in rendering such a service less any amount paid
by the employee, unless the employer’s business is to convey passengers by sea or air
where travel to destinations outside South Africa is valued at the lowest fare payable less
any amount paid by the employee.
No value is placed on:
• travel facilities provided by an employer, who is in the business of conveying passengers,
to his employee, his spouse or minor child to travel to:
• any destination in South Africa, or
• any destination outside South Africa with overland travel, or
• any destination outside South Africa with air or sea travel, if they are on stand-by,
• general transport provided to and from employees’ homes to work,
• any communication service used mainly for business (e.g. 3G cards),
• any service rendered at work for the better performance of duties or for recreational
purposes, or
• any travel facility provided by an employer to the spouse or minor child if:
• the employee is stationed more than 250km away from home for the duration of
the term, and
• the employee must spend more than 183 days per year away from his usual place
of residence for business, and
• the travel is between the employee’s usual place of residence in RSA and the place
where the employee is stationed in RSA.
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6.8 Low or Interest-Free Loans/Debts (Paragraph 11, 7th Schedule)
A taxable benefit arises when a loan/debt has been granted to the employee:
• either by the employer or by arrangement by the employer, or
• with no interest being payable by the employee, or with interest at a rate lower
than the official rate of interest.
The benefit value is the amount of interest determined by calculating the interest at the
official rate of interest, and deducting the interest actually paid, and may be applied on a
regular basis, or at the end of the tax year.
The official rate of interest is equal to the repurchase rate plus 1% from 1 March 2011.

The repurchase rate may change during the tax year.

No taxable value is calculated for a low interest loan:

• if it is a ’casual’ loan/s and the total and does balance exceed R3 000 at any time
• if it is a loan to enable the employee to study
Note that the limit of R3 000 is not an annual limit. No taxable value need be calculated if
the low interest loans are casual and irregular, and the total of these loans at any point in
time is not more than R3 000.
Be aware that under certain conditions, loans granted by employers fall under the provision
of the National Credit Act. It is recommended that employers remove their exposure to
the Act by outsourcing the granting of loans to financial institutions whose business it is
to provide loans.
6.9 Medical Aid Contributions (Paragraph 12A & 12B, 7th Schedule)
A taxable benefit arises when the employer pays the contributions of an employee to
a medical scheme if the employee is not retired from suchemployer, irrespective of the
employee’s age. The value of the benefit is equal to the value of the monthly employer
contribution.
An employee is retired if the employee leaves the employment of such employer due to
superannuation (reaching normal retirement age according to the rules of the employer’s
superannuation fund), ill-health or other infirmity.
This taxable fringe benefit must be taken into account as remuneration for employees’ tax
purposes and is deemed to be a medical aid contribution paid by the employee. As from
1 March 2014, if the employee is 65 or older or if the employee, his or her spouse or

31
child is a person with a disability, the claims on assessment are limited to 33.3% of the
contribution amount that exceeds three times the medical scheme fees tax credit plus
33.3% of the value of the medical expenses as a tax credit that reduces income tax.
If the employee is younger than 65, the contribution claims on assessment will be limited
to the contribution amount that exceeds four times the medical scheme fees tax credit,
and the medical expenses to be claimed in total are limited to 25% of the expenses that
exceed 7.5% of the employee’s taxable income.
Employers are required to report employer medical scheme contributions against the
following codes:
• 4474 – medical scheme contributions, regardless of age, who are not retired from
the employ of such employer.
• 3810 - the value against code 4474 is also reflected against the fringe benefit code
3810, and must subsequently be included in the total medical scheme contribution
code 4005 as the fringe benefit is deemed to be an employee contribution.
• 4493 – medical scheme contributions for employees retired from such employer.
Where an employer paid medical costs in respect of any medical, dental or similar services,
hospital services, nursing services and prescribed medicine on behalf of an employee, his
or her spouse, child, other relative or dependant, such payments are regarded as taxable
fringe benefits.
Employers are required to report the expense paid against the following codes:
• 4024 - medical services costs deemed to be paid by the employee in respect of the
employee, his or her spouse or child, and
• 3813 - medical services costs incurred on behalf of an employee.
The medical expenses reported against code 4024 are added to the expenses already
reflected against code 3813 on the tax certificate.
6.10 Benefits in Respect of Insurance Policies (Paragraph 12C, 7th Schedule)
This taxable benefit arises where an employer pays any premiums towards an insurance
policy which is directly or indirectly for the benefit of the employee or his or her spouse,
child, dependant or nominee. When an insurance policy is in the name of the employer
(employer-owned), this paragraph is applicable and the employee should be taxed on the
fringe benefit. This paragraph only applies to products supplied by an insurer.
This paragraph does not apply in respect of an insurance policy that relates to an event
arising solely out of and in the course of employment of the employee.
In the case where the policy is in the name of the employee (employee-owned), it falls
within the scope of Release from Debt fringe benefit.

32
6.11 Employer Contributions Towards Retirement Funds (Paragraph 12D, 7th
Schedule)
A taxable benefit arises when the employer contributes to a retirement fund (pension,
provident or retirement annuity) on behalf of the employee. The fringe benefit will be
deemed to be paid by the employee for income tax purposes. There will be no fringe
benefit if the employer contributes towards a retirement fund on behalf of an
• employee who retired from the fund or
• in respect of dependants or nominees of a deceased member of the fund.
The value of the fringe benefit is determined by the type of retirement fund. There are
three types of funds: defined contribution, defined benefit and hybrid funds.
6.11.1Defined Contribution Fund
This is a fund which consists solely of defined contribution components. Contributions
towards this fund can be directly linked to the benefit the member is entitled to.

In practice, retirement annuities are seen as defined contribution

funds.

The fringe benefit value is equal to the actual employer contribution towards the defined
contribution fund.
6.11.2 Defined Benefit Fund
Defined benefit funds have retirement benefits that are calculated according to the rules
of the fund where the value of the contributions to the fund may not be an accurate
reflection of the benefits that may be received by the retirement fund member.
The monthly fringe benefit value is calculated with a formula:
X = (A X B) - C
Where,
X Represents the fringe benefit amount to be determined.
A Represents the fund member category factor in respect of each employee. This is
obtained from the fund.
B Represents the retirement-funding income of the employee (see ‘retirement
funding income’).
C Represents the sum of the amounts contributed by the employee to the specific
fund in terms of the rules of the fund in respect of the year of assessment.
This will only include the actual employee contribution and not the deemed
employee contribution.
33
6.11.3 Hybrid Fund
These funds consist of a combination of components (defined contribution, defined
benefit, underpin and/or risk components).
The value of the fringe benefit is calculated with the same formula which is used to calculate
the fringe benefit for a defined benefit fund. The fund calculates a category factor which
takes all the components into account.
This factor is applied to calculate the monthly fringe benefit.
6.11.4 Retirement Funding Income (RFI)
Retirement funding income (RFI) is the amount of remuneration taken into account in the
determination of the contributions made by an employer (or the fund itself) to a pension
or provident fund. From March 2017, it includes the full value of a travel allowance and a
public office allowance if these allowances are taken into account to determine the
contribution.

As from March 2016, ‘RFI’ is used to calculate the fringe benefit

value for a fund other than a defined contribution fund. It will no
longer be used to calculate the tax deductible limit for a pension
fund.

6.12 Payment of Debt or Release from Debt (Paragraph 13, 7th Schedule)
This taxable benefit arises when the employer has
• directly or indirectly paid an amount owing by the employee to a third person
without requiring the employee to reimburse him, or
• released the employee from an obligation to pay an amount owing by the employee
to him.
The taxable value is the amount the employer paid or the amount of debt from which the
employee was released.
Note that any subscriptions paid to a professional body by the employer on behalf of the
employee has no taxable value as long as the membership of such body is a condition of
the employee’s employment.

34
7. Monthly Reconciliation and Payments

In order to facilitate a seamless reconciliation at the end of the tax year, it is important to
ensure that your payroll is reconciled on a monthly basis.
• Ensure that payroll values reflect all input document values.
• Ensure that the following figures balance before rolling into a new period; net salaries
paid, third party payments made, reports printed and exports completed.
SARS introduced a new EMP201 monthly declaration process in order to align it with the
already changed annual reconciliation processes. The use of the new form was compulsory
from July 2010.
• The EMP201 serves as a remittance advice. It acts as a payment declaration in
which the total payment is declared with the allocations for PAYE, SDL, UIF and ETI
(if applicable). A unique payment reference number is used to link the payment to
the payment allocation. Payments must be made before or on the seventh day of
the next month. If the 7th falls on a weekend or public holiday, the payment must
be made before or on the last business day before the weekend or public holiday.
• Adjustments can be made to previously submitted EMP201 declarations.
• Over- or under-payments as well as unallocated payments can easily be picked up
on the EMPSA and can be corrected if necessary.
The three bank accounts for PAYE, SDL and UIF will be consolidated into the PAYE account
(SARS – PAYE). Employers will thus only make one payment.

35
8 Annual Reconciliation and Tax Certificates

In terms of the Fourth Schedule to the Income Tax Act, an employer must submit a tax
certificate to SARS at the end of the tax year for every employee as defined above. IRP5s
must be issued for those employees from whom employees’ tax has been withheld during
the tax year, and IT3(a)’s for those employees from whom no employees’ tax has been
withheld.
Employers are not allowed to issue employees with their tax certificates until the EMP501
reconciliation is completed and copies of both the return and the tax certificates have
been submitted to SARS. The e@syFile employer software must be used in order to submit
reconciliations and tax certificates to SARS.
SARS may levy a penalty of up to 10% of the total amount of employees’ tax due for the
year of assessment if the submission of the EMP501 return and tax certificates is not done
by the last day of the filing season.

Comprehensive guides are available on the SARS website. Go to

www.sars.gov.za – Types of Tax – PAYE.

36
9. Income and Assessment

Income tax is the Government’s main source of income and is levied in terms of the
Income Tax Act 58, 1962 (the IT Act). All persons that earn taxable income in a tax year
(or a year of assessment) are subject to income tax.
Where the payroll deals with remuneration, SARS deals with income on assessment.
Remuneration makes provision for very specific income and deductions to be taken into
consideration when calculating PAYE, where income is concerned with the total amount
of income and deductions and also makes provision for certain claims to be made against
income.
9.1 Gross Income
Gross income in a year of assessment is broadly defined as:
• for a resident person - the total amount, in cash or otherwise, received or accrued to
him, from all sources (world-wide income) and
• for a non resident person - the total amount, in cash or otherwise, received or
accrued to him, from a source within South Africa.
The following are items related to employment that are specifically included:
• annuities
• amounts paid for services rendered
• compensation for any restraint of trade
• compensation for loss of office
• lump sum payments from benefit funds
• amounts due under service contracts that are commuted
• payments for knowledge or information (royalties)
• fringe benefits
9.2 Exempt Income
Income Exempt income is income that is free from income tax. For employment purposes,
the most important exempt items are the following:
• alimony and maintenance,
• qualifying bursaries and scholarships,
• qualifying relocation benefits,
• R500 000 of a qualifying retirement award and fund lump sums (directive
required),
• employment outside of the Republic (more than 183 days in aggregate including a
continuous period of at least 60 days in any 12 months),
• interest received up to specified limits,
37
• unemployment insurance benefits,
• uniforms and uniform allowances (subject to certain conditions),
• disability and war pensions,
• Occupational Injuries and Diseases Act compensation,
• income replacement policy pay-outs, and
• R300 000 of an occupational death lump sum (directive required).
9.3 Deductions from Income
Deductions are the amounts that have been incurred as expenses in the production of
income, and that are deductible from income in terms of the Income Tax Act. These
amounts are specified in sections 11 to 19, and section 23 of the Income Tax Act, and
together form the general deduction formulae.
Some of the items that are allowed as a deduction (subject to limits), include:
• amounts that are excluded from the limitation of section 23(m) of the IT Act, and
may be claimed as a deduction against employment income by all employees,
namely:
• contributions to a pension, provident or a retirement annuity fund,
• legal expenses in respect of employment,
• depreciation of assets used for employment income, such as computers and cell
phones,
• bad debts in respect of employment,
• subscriptions to professional societies, and
• travelling expenses.
Medical expenses (subject to certain limits) will be allowed as a tax credit that reduces the
tax as from 1 March 2014.
Some of the items that are not allowed as a deduction, include:
• cost incurred in the maintenance of the taxpayer,
• domestic or private expenses,
• interest, penalties and taxes,
• expenses incurred to produce exempt income, and
• expenses relating to employment income (section 23(m)) received for any
employment or office held. This does not apply to an agent or representative whose
remuneration is mainly derived in the form of commission based on sales or turnover
attributable to that person, nor does it apply to an independent contractor.

38
10. Employment Tax Incentives (ETI)

The Employment Tax Incentive Act came into effect on 1 January 2014. The initial
effective period was three years but it was extended to end on 28 February 2019. The Act
is administered by SARS.
The purpose of the Act is to encourage and incentivise employers to hire young and
less experienced work-seekers. It reduces the cost to employers of hiring young people
through a cost-sharing mechanism with government. In practical terms it means that
the employer will now receive an incentive for employing the youth, subject to certain
conditions, which will be in the form of a reduced monthly PAYE liability.
10.1 Employer
The employer is eligible to receive the tax incentive if the employer:
• is a private sector employer registered for employees’ tax (PAYE),
• is not in the national, provincial or local sphere of government,
• is not a public entity listed in Schedule 2 or 3 of the Public Finance Management
Act (other than those public entities designated by the Minister of Finance by
Notice in the Gazette),
• is not a municipal entity, and
• is not disqualified by the Minister of Finance due to displacement of an employee
or by not meeting such conditions as may be prescribed by the Minister by regulation.
10.2 Employee
An individual is a qualifying employee if he/she:
• has a valid South African ID, a valid asylum seeker permit or an ID in terms of
Section 30 of the Refugees Act,
• is 18 to 29 years old by the end of the month (please note that the age limit is not
applicable if the employee renders services inside a special economic zone (SEZ) to
an employer that is operating inside the SEZ, or if the employee is employed by an
employer that operates in an industry designated by the Minister of Finance),
• was employed by the employer or an associated person to the employer on or after
1 October 2013, and
• the employee must earn at least the minimum wage as specified by the sectoral
determination, collective agreement or bargaining council. If no wage regulating
measure is applicable, the employee must earn at least R2 000 for a full month
(160 or more employed and remunerated ordinary hours), and
The employee will not qualify if he/she:
• is a domestic worker, or

39
• is a “connected person” to the employer, or
• earns remuneration of R6 000 or more during a full month (160 or more employed
and remunerated hours).

At the time of printing, no special economic zone (SEZ) was

published and no industry was designated by the Minister of Finance

10.3 Incentive Amount

The incentive will be available for a maximum of 24 incentive months per qualifying
employee, broken up into a ‘first 12 months’ period and a ‘next 12 months’ period’.

Monthly First 12 Incentive Next 12 Incentive

Remuneration Months Months

R 0 – R1 999.99 50% of Monthly 25% of Monthly

Remuneration Remuneration Remuneration
R 2 000 – R3 999.99 R 1 000 R 500
R 4 000 – R5 999.99 Formula: Formula:
R1 000 – (0.5 x (Monthly R500 – (0.25 x (Monthly
Remuneration – R4 000) Remuneration – R4 000)

The incentive must be determined every month by identifying who the qualifying employees
are and by doing the above calculation.
In determining the first or the second 12-month period, only the months in which the
employee was a qualifying employee are taken into account.
For example, the employee may be a qualifying employee in the first three months but
not a qualifying employee in the fourth and the fifth months. If the employee is a qualifying
employee in the sixth month, the sixth month is month number four as far as the
12-month period is concerned. If the employee is employed by an associated person, it
will be seen as employment at one employer and must be taken into consideration for
determining the 24 incentive month period.
The monthly remuneration to be used in the above calculation is the following:
• if an employee is employed and remunerated for 160 hours or more in a month,
then it is the actual amount of remuneration paid to the employee in a month (no
gross-up),
• if an employee is employed and remunerated for less than 160 hours in a month
(no gross-up),
40
• month the monthly remuneration is calculated as follows: Remuneration earned in
the month / hours employed and remunerated x 160.
10.4 Unavailability of the Incentive Amount
An employer is not allowed to reduce the PAYE payable in respect of a month if the
employer, on the last day of the month,
• failed to submit any return or
• has any tax debt outstanding except if
• an agreement has been concluded for a deferral payment,
• an agreement has been concluded for compromise of a tax debt,
• a tax debt has been suspended pending an objection or appeal, or
• the tax debt is less than R100.
10.5 Incentives Carried Forward
The incentive amounts can be rolled-over to the next month in 3 instances:
• if the incentive amount available exceeds PAYE due in a month,
• if the employer did not claim the amount entitled to, or
• if the employer was not allowed to reduce the employees’ tax payable due to
outstanding tax returns or SARS debt.
The incentive amount may be carried forward for future use subject to certain conditions.
10.6 Reimbursement of Carried Forward Incentive Amounts
If the employer is tax compliant, the ETI due to the employer will be reimbursed at some
stage during the next 6 month cycle. An ETI refund will only be paid if an employer is tax
compliant. This means that all tax returns must have been submitted and there should
be no outstanding tax debt when the employer reconciliation documents (EMP501 and
IRP5/IT3(a)s) are received and processed by SARS. If the employer is not tax compliant at
the end of the 6 month cycle, the excess amount will be reimbursed when the employer
becomes tax compliant. If the employer fails to be tax compliant within the next six
months, the excess amount will be permanently lost.

Monthly claims can only be made up to the date of each

6-monthly reconciliation period after which no further claims for that
reconciliation period will be allowed. In certain instances, the excess
will become available as a refund.

41
11. Unemployment Insurance Fund (UIF)

The Unemployment Insurance Contributions Act is administered by SARS and legislates

who should pay UIF contributions and how much.
The Unemployment Insurance Act is administered by the Department of Labour and legislates
the payment of benefits as well as the submission of a Declaration of all employees each
month.
Both Acts define who are employees as well as remuneration for UIF purposes.
11.1 Employee
Both UIF Acts define an employee as “... any natural person who receives remuneration, or
to whom remuneration accrues, in respect of services rendered or to be rendered by that
person, but excludes an independent contractor.”
In principle, an employee for the Fourth Schedule is usually an employee for UIF, but there
are some differences:
• all legal entities are excluded from UIF,
• common law independent contractors are excluded even if they are included as
“deemed employees” by the Fourth Schedule,
• all employees must contribute irrespective of residency or citizenship, and
• domestic workers and seasonal workers were included as employees from April
2003 with special conditions for domestic workers only.
Excluded from contributions only (must be included in the Declaration):
• employees who work less than 24 hours per month,
• employees in the national and provincial spheres of government,
• the President, Deputy President, a Minister, Deputy Minister, a member of the
National Assembly, a permanent delegate to the National Council of Provinces, a
Premier,
• a member of an Executive Council or a member of a provincial legislature,
• any member of a municipal council, a traditional leader, a member of a provincial
House of Traditional Leaders and a member of the Council of Traditional Leaders.

From March 2018, learners employed according to section 18(2) of

the Skills Development Act, and persons who will be repatriated at
the end of the period of service are no longer excluded from UIF
contributions and must contribute towards UIF.

42
11.2 UIF Remuneration from which the Contribution must be Calculated
UIF Contributions must be based on remuneration as defined in the Fourth Schedule to
the Income Tax Act, but excluding:
• pension, superannuation allowance or retiring allowance,
• annuities,
• payments to a labour broker in possession of an IRP30 exemption certificate,
• any amount, including a voluntary award in respect of relinquishment, termination,
loss, repudiation, cancellation or variation of any office or employment,
• once-off payments such as lump sum payments from pension, provident or retire-
ment annuity funds,
• restraint of trade payments, and
• commission.
As can be seen from the above, remuneration received in respect of “ongoing employment”
services rendered (with the exception of commission), is used for the calculation of UIF
contributions. “Non employment” related remuneration is excluded.
Note that the gains made from sections 8A, 8B and 8C (including return of capital and
certain dividend amounts) share schemes, as well as lump sums emanating from other
sources than benefit funds are included in remuneration for UIF purposes.
Because remuneration as defined in the Fourth Schedule of the Income Tax Act is used
for UIF remuneration, this includes only the taxable value of the travel allowance, use of
motor vehicle fringe benefit and the public office allowance, and 100% of the portion of
reimbursive travel allowance that exceeds the prescribed rate of R3.61.
11.3 UIF Contributions
If the employee is not excluded as an employee, then both the employer and the employee
must contribute monthly at a rate of 1% of UIF remuneration up to the current limit.
Employees earning over the current limit of R14 872 per month must pay contributions at
the limited amount.
If the employer is registered with SARS for PAYE purposes, the UIF contribution must be
paid to SARS, otherwise to UIF.

43
12. Skills Development Levies (SDL)

The purpose of the skills development legislation is to improve the skills level of the
South African workforce by increasing the levels of investment in education and
training in the labour market.
The Skills Development Act of 1998 is administered by the Department of Higher
Education and Training, and brought into being the concepts of SETAs, monthly levies
and various grants to incentivise employer participation.
The Skills Development Levies Act of 1999 is administered by SARS, and deals only
with the calculation and payment of the monthly levy by employers. The levy first
became payable from 1 April 2000 at a rate of 0.5% of the “leviable” amount, and
this was increased to 1.0% from 1 April 2001.
12.1 Employer
All employers registered with SARS for employees tax purposes in terms of the Fourth
Schedule must register with SARS for skills development, irrespective of whether they
are excluded from paying the levy by one of the following conditions:
• any public service employer in the national or provincial sphere of government,
• any national or provincial public entity, if 80% or more of its funding comes
from government,
• any religious or charitable institution,
• any municipality in possession of a certificate of exemption, and
• any employer where the total annual remuneration for the next 12 months is
not expected to exceed R500 000.
12.2 Employee
An employee, for skills development levy purposes, is defined exactly the same as for
the Fourth Schedule definition, excluding:
• a labour broker to whom an exemption certificate has been issued and
• a learner as defined in the Skills Development Act.
12.3 SDL Remuneration (Leviable Amount)
The leviable amount is based on the balance of remuneration as defined in the Fourth
Schedule to the Income Tax Act, but excluding:
• pensions, superannuation allowances or retiring allowances,
• annuities,
• payments for the relinquishment, termination or loss of office or employment and
• lump sum payments from a pension, provident or RA fund.

44
Note that only lump sums from benefit funds are excluded. Other types of lump sums
related to continuing employment (such as back-dated pay increases) are not excluded.
12.4 Skills Development Levy
Skills Development Levies are paid on a monthly basis to SARS at a rate of 1% of the
leviable amount.
Since inception of the legislation, there has been a VAT portion of the levy which employers
can claim as input VAT on their VAT returns. From 1 April 2005, SETAs were required to
deregister as VAT vendors, and the VAT portion could no longer be claimed. Equally, grants
paid by the SETA to the employer no longer contain a VAT portion to be paid over.

45
13. Occupational Injuries And Diseases (OID)
This Act provides a system of “no fault” compensation whereby employees are entitled to
compensation irrespective of who caused the problem.
At the same time, employees are prohibited from instituting damages claims against their
employer and certain categories of fellow employees.
The categories of claimants to whom benefits become payable are:
employees who suffer a temporary disability,
employees who suffer a permanent disability, and
dependants of employees who die as a result of occupational injuries or diseases.
Employers must complete and submit the annual W.As 8 return by 31 March each year.
13.1 Employee
An employee is broadly defined as “any person who has entered into or works under a
contract of service or of apprenticeship or learnership, with an employer”, including casual
employees, directors and members of close corporations.
Excluded as employees are:
• persons undergoing military service or training,
• members of the Permanent Force while defending the Republic,
• members of the Police Force while defending the Republic,
• a person who contracts for the carrying out of work and himself contracts other
persons to perform such work,
• legal entities,
• common law independent contractors and
• a domestic employee in a private household.
The reference to “works under a contract of service” is interpreted in practice to exclude
common law independent contractors.
13.2 Earnings to be Included for the OID Annual Return (W.As 8)
The W.As 8 form gives an interpretation of the Act for items that must be included, and
those that must be excluded from the calculation of the employees’ earnings.
Included are:
• overtime of a regular nature, but not intermittent or irregular overtime,
• bonus of any kind, including incentive bonuses and annual bonuses,
• commission, even though the amount may vary from month to month,
• the cash value of food and quarters supplied to staff,
• tangible fringe benefits (those that you can touch) such as a company car and free
or cheap accommodation
46
• travel and other allowances paid regularly,
• where the employee is remunerated in accordance with a package of benefits,
all items forming part of the package, other than employer contributions such as
medical aid contributions and
• earnings/drawings paid to a working director of a private company or members of
a close corporation.
Excluded are:
• payments of a reimbursive nature,
• overtime worked occasionally,
• payments for specific non-recurring tasks which do not form part of an employee’s
normal duties,
• ex gratia payments,
• intangible fringe benefits such as the taxable portion of medical aid contributions
by the employer, and
• payments to cover special expenses such as subsistence and travelling costs.
Note that the regulations to the OID Act clearly exclude travel and subsistence allowanc-
es, which is in contradiction to the interpretation on the W.As 8 annual return form.
13.3 OID Limit
The OID limit for the 2017/2018 tax year is R403 500. The proposed limit for 2018/2019
is R430 944 per annum, which has not yet been promulgated at the time of printing.

47
IRP5 Codes

Normal Income Codes

3601 Income
3602 Non-Taxable Income (Excl)
3603 Pension (reinstated from 2012/2013)
3605 Annual Payment
3606 Commission
3608 Arbitration Award
3610 Annuity from a RAF (reinstated from 2012/2013)
3611 Purchased Annuity
3613 Restraint of Trade
3614 Other Retirement Lump Sums
3615 Director’s Remuneration
3616 Independent Contractors
3617 Labour Brokers without Exemption Certificate (PAYE/IT)
3619 Labour Brokers with Exemption Certificate (IT)
3620 Resident NED Directors Fees (IT)
3621 Non-Resident NED Directors Remuneration (PAYE/IT)
Allowance Codes
3701 Travel Allowance
3702 Reimbursive Travel Allowance (IT)
3703 Reimbursive Travel Allowance (Excl)
3704 Subsistence Allowance - Local Travel (IT)
3707 Share Options Exercised (Section 8A)
3708 Public Office Allowance
3713 Other Allowances
3714 Other Allowances (Excl)
3715 Subsistence Allowance - Foreign Travel (IT)
3717 Broad-Based Employee Share Plan (Section 8B)
3718 Employee Equity Instruments (Section 8C)
3719 Par (dd) of the Proviso to S10(1)(k)(i) Dividends
3720 Par (ii) of the Proviso to S10(1)(k)(i) Dividends
3721 Par (jj) of the Proviso to S10(1)(k)(i) Dividends
Fringe Benefit Codes
3801 General Fringe Benefits
3802 Right of Use of Motor Vehicle (not operating lease)
3805 Free or Cheap Accommodation (reinstated from 2012/2013)
3806 Free or Cheap Services (reinstated from 2012/2013)
3808 Payment of Employee’s Debt (reinstated from 2012/2013)
3809 Taxable Bursaries or Scholarships - Basic Education
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3810 Company Contribution to Medical Aid
3813 Cost Related to Medical Services Paid by Company
3815 Non-Taxable Bursaries or Scholarships - Basic Education
3816 Use of Motor Vehicle Acquired via Operating Lease
3817 Taxable Benefit i.r.o Pension Fund Employer Contribution
3820 Taxable Bursaries or Scholarships – Further Education
3821 Non-taxable Bursaries or Scholarships – Further Education
3822 Non-taxable Acquisition of Immovable Property
3825 Taxable Benefit i.r.o Provident Fund Employer Contribution
3828 Taxable Benefit i.r.o Retirement Annuity Employer Contribution
Lump Sum Codes
3901 Gratuities (retirement/retrenchment/death)
3902 Pension or Retirement Annuity Fund Lump Sum (resignation,
3903 Pension or Retirement Annuity Fund Lump Sum on Retirement
3904 Provident Fund Lump Sum (resignation, transfer or surplus
3905 Provident Fund Lump Sum on Retirement or Death Before
3906 Special Remuneration (e.g. proto-teams)
3907 Other Lump Sums (e.g. backdated salaries extended over
3908 Surplus Apportionments on or after 1 January 2006 and Exempt
3909 Unclaimed Benefits Paid by Fund
3915 Pension, Provident or Retirement Annuity Fund Lump Sum
3920 Lump Sum Withdrawal Benefits from Retirement Funds after
3921 Living Annuity and Section 15C Surplus Apportionments Accruing after 28
February 2009
3922 Compensation Lump Sum i.r.o Death in the Course of Employment
3923 Transfer of Unclaimed Benefits
Gross Remuneration Codes
3696 Gross Non-Taxable Income
3697 Gross Retirement Funding Employment Income (not valid from
2016/2017)
3698 Gross Non-Retirement Funding Employment Income (not valid
(not valid from 2016/2017)
3699 Gross Taxable Employment Income
Deduction Codes
4001 Total Pension Fund Contributions Paid or ‘Deemed Paid’ by employee
4002 Arrear Pension Fund Contributions (not valid from 2016/2017)
4003 Total Provident Fund Contributions Paid or ‘Deemed Paid’ by employee
4005 Medical Aid Contributions Paid or ‘Deemed Paid’ by Employee
4006 Total Retirement Annuity Fund Contributions Paid or ‘Deemed Paid by
Employee
4007 Arrear (re-instated) Retirement Annuity Fund Contributions (not valid from
2016/17

49
4018 Premiums Paid for Loss of Income Policies (not valid from 2015/2016)
4024 Medical Services Costs Deemed Paid i.r.o Employee and/or Immediate Family
4026 Arrear Pension Fund Contributions - Non-Statutory Forces
4030 Donations Paid by the Employer to the Organisation
4472 Employer’s Pension Fund Contributions
4473 Employer’s Provident Fund Contributions
4474 Employer’s Medical Aid Contributions
4475 Employer’s Retirement Annuity Contributions
4493 Employer’s Medical Aid Contributions i.r.o. Retired Employees
4497 Total Deductions
4582 Remuneration Inclusion Used in Section 11F Deduction (specific codes
included)
4583 Remuneration (for foreign services) Inclusion Used in Section 11F Deduction
(specific codes included)
Employee’s Tax Deduction and Reason Codes
4101 SITE (not valid from 2013/2014)
4102 PAYE
4115 Tax on Retirement Lump Sum and Severance Benefits
4116 Medical Scheme Fees Tax Credits taken into account for PAYE
4120 Additional Medical Expenses Tax Credit taken into account for PAYE purposes
4118 Employment Tax Incentive
4141 UIF Employee and Employer Contribution
4142 SDL Contribution
4149 Total Tax, UIF and SDL (excluding 4116 and 4120 value)
4150 Reason Code for IT3(a)
01 – Invalid from March 2002
02 – Earn Less than the Tax Threshold
03 – Independent Contractor
04 – Non Taxable Earnings (including nil directive)
05 – Exempt Foreign Employment Income
06 – Directors Remuneration - Income Determined in the Following Tax Year
07 – Labour Broker with IRP30
08 – No Tax to be Withheld due to Medical Scheme Fees Tax Credit Allowed
09 – No Withholding of Tax on Shares Possible

* These codes may change pending the finalisation of the SARS PAYE Business Requirement Specification Document (BRS).

To report foreign income, add a value of 50 to all normal income,

allowance, fringe benefit and lump sum codes, except 3614, 3617,
3621, 3908, 3909, 3915, 3920, 3921, 3922 & 3923.

50
2018-2019 Tax tables
Individuals in Standard Employment and Special Trusts

Taxable Income
Taxable (R)(R)
Income Rate of Tax
Rate (R)(R)
of Tax

0 – 195 850 18% of taxable income

195 851 – 305 850 35 253 + 26% of taxable income above 195 850
305 851 – 423 300 63 853 + 31% of taxable income above 305 850
423 301 – 555 60 100 263 + 36% of taxable income above 423 300
555 601 – 708 310 147 891 + 39% of taxable income above 555 600
708 311 – 1 500 000 207 448 + 41% of taxable income above 708 310
1 500 001 and above 532 041 + 45% of taxable income above 1 500 000

Tax Rebates
Primary R14 067
Secondary – Persons of 65 and older R7 713
Tertiary – Persons of 75 and older R2 574

Tax thresholds
The tax thresholds, at which liability for normal tax commences, are:
Persons under 65 R78 150
Persons of 65 - 74 years R121 000
Persons of 75 years and older R135 300
Personal Service Provider Companies
Companies - 28% of each R1 Trusts (other than a special trust) - 45% of each R1

The tax rates have not yet been promulgated at the time of printing.

51
Notes

52
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