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TAXATION 2021
presented by Masibulele Phesa CA(SA), RA
Fringe Benefit
Prescribed textbook: Notes on South African Income Tax
LECTURE OUTCOMES
 Understand fringe benefits
 Apply the relevant sections of the Act
Introduction
Employees receives particular benefits due to the causal link of
employment
 These benefits can consist of of a combination of cash salary, allowances,
advances and fringe benefits.
 Benefits or assets given to employees, in a form other than cash, are
defined as ‘taxable benefits’ in paragraph 1 of the Seventh Schedule and
are generally referred to as ‘fringe benefits’.
 The taxable value of fringe benefits (referred to as ‘cash equivalent’) are
included in gross income through the application of par (i) of the gross
income definition
.
Advances and allowances
Some companies pay advances to their employees i.e- S&Ts.
These advances must be included in gross income.
 For the following allowances:
– Travel allowances
– Subsistence allowances
= include the NET AMOUNT (gross allowance less certain expenditure) in
taxable income
 An amount paid as reimbursement  NOT included in taxable income if it
will be used:
 for expenditure incurred or to be incurred by him
 on the instruction of his employer (‘principal’) in the furtherance of the
employer’s trade
 and the employee is required to provide proof of the expenditure to the
employer
Individuals Taxable income
Framework
We are
here
TRAVEL ALLOWANCE
(s8(1)(b)
We will focus on two types of allowances:
Fixed travel allowance
Reimburse vie allowance
Fixed travel allowances
 To this type of allowance, the portion for business purposes is tax free
 Only part associated with private use is taxable
 Business kilometres can only be claimed if accurate log book is kept
 Travelling between place of home and business ≠ business kms
There are two methods of calculation:
I.Actual business kms x deemed rate per km (provided by SARS)
II.Actual business kms x actual rate per km (supported by actual records kept)
TRAVEL ALLOWANCE (s8(1)(b)
DEEMED RATE PER KM
On this calculation the value of the vehicle is used to determine deemed rate
per km as per table of rates as prescribed by SARS
Value of the vehicle is:
Original cost, including VAT but excluding finance charges OR
Market value at the time when the employee first obtained the vehicle or
the right of use of it (no debt on the car)
DEEMED RATE PER KM
How to calculate deemed rate per km:
Fixed cost / total kms = fixed cost per km PLUS
Fuel cost PLUS
Maintenance cost
Deemed rate x business km = non-taxable amount
NOTE: Fixed cost  apportion using days if travel allowance is received for
part of a year
 NOTE: Fuel cost  taxpayer must cover full cost of fuel
 NOTE: Maintenance cost  taxpayer must cover full cost of
maintenance
Travel allowance actual cost
 If actual costs are used, then value of the vehicle is:
 If vehicle is leased = total lease payments for the year  but
may not exceed the amount of fixed cost in the table (see
previous slide) for the category of vehicle used, and
 in any other case = wear and tear must be determined over a
period of seven years from date of acquisition. The cost of the
vehicle is currently limited to R595 000.
 How to calculate actual rate per km:
 Wear and tear / 7 years PLUS
 Actual costs related to vehicle
Example
Royce Leyland, aged 45 years, and a resident of the Republic, owns a
vehicle that cost R513 000 (R450 000 + VAT of R63 000). He
received a travel allowance of R22 500 a month from his employer for
the year of assessment. He travelled 36 000 kms in the vehicle during
the 2019 year of which 9 000 was travelled for business purposes.
Royce kept an accurate logbook. The following actual costs (including
VAT) were incurred by Royce for the year:
Fuel costs R36 267
Maintenance costs R18 000
Licences cost R13 800
Solution
Deemed rate per km
Allowance received (22 500 x 12) 270 000
Total kms travelled 36 000
Private kms travelled (27 000)
Business kms travelled 9 000
Fixed cost component 153 850
Fixed cost per km (153 850/36 000) x 100 427.3c
Fuel cost per km 158.4c
Maintenance cost per km 88.9c
Total cost per km 674.6c
Deduction for business use (R6.746 x 9 000) (60 714)
Taxable amount if deemed costs are claimed 209 286
Solution actual rate
Actual rate
Allowance received (22 500 x 12) 270 000
Actual costs
Wear and tear (513 000/7) R73 286
Fuel costs R36 267
Maintenance costs R18 000
Licences cost R13 800
R141 353
Deduction for business use (141 353/36 000 x 9 000) (35 338)
Taxable amount if actual costs are claimed 234 662
REIMBURSIVE TRAVEL ALLOWANCE
 Taxpayer travels first and then claims business kms from his/her
employer
 Taxpayer is given an allowance on actual distance travelled (i.e.
business kms)
 If the following two requirements are met:
o Allowance is based on the actual distance travelled or such
actual distance is proven to the Commissioner &
o No other travel allowance or reimbursement may be paid by
employer to employee
o THEN use simplified method
 Simplified method: choose the best rate between deemed rate and
R3,61 (applied to business km)
Example
Lerato owns a motor vehicle that cost her R21 000 (inclusive of VAT but
exclusive of finance charges). She received a travel allowance of R3.70 per
kilometre travelled on business from the employer during the 2019 year of
assessment. She travelled 16 000 kms in the vehicle during the year and
maintained an accurate log book of business travels. She paid all the costs in
respect of maintenance and fuel and travelled 9 000 kms for business
purposes.
Calculate the taxable amount of the travel allowance on the assumption that
she would use simplified method where possible.
Solution
Allowance received (9 000 x R3.70) 33 300
Deemed cost
Fixed cost component 28 352
Fixed cost per km (28 352/16 000) 177.2c
Fuel cost per km 95.7c
Maintenance cost per km 34.4c
Total cost per km 307.3c
Rate per kilometre R3,073
Simplified method
Rate per kilometre R3,61
(Simplified method is more beneficial)
Deduction for business use (9 000 x R3,61) (32 490)
Taxable amount 810
SUBSISTENCE ALLOWANCE (s8(1)(c))
 Subsistence allowance may occur if:
o employee is required to stay away from home for at least one night for
business purpose then
o only the amount that exceed the actual or deemed costs  will be
included in taxable income
 If proof provided of expenditure  can claim expenses for
accommodation, meals or incidental costs
 If proof not provided claim up to (for travel in RSA):
o R128 per day if allowance is granted for incidental costs OR
o R416 per day if the allowance is granted for costs of meal and
incidental costs
 If travel outside RSA  use international rates of the specific
country employee is visiting for business
Example
Nosipho is obliged to spend one night away from his usual place of residence
for business purposes in South Africa. She receives an allowance of R 1 580
from his employer. Calculate his taxable amount of the allowance assuming
that:
a) He is able to prove that he incurred actual expenditure of R 1 650 on
meals, accommodation and other incidental costs
b) The employer pays for accommodation and Sipho pays for R350 for
meals and other incidental costs. He does not keep documentation.
Seventh Schedule- Fringe Benefits
• Fringe benefits are specifically dealt with in Seventh Schedule of
Income Tax Act.
• There are two requirements that should be met:
1. An employee-employer relationship is a prerequisite to the application of the
Seventh Schedule.
2. The taxable benefit (‘fringe benefit’) must be granted because of this
relationship or as a reward for services rendered.
Benefits granted to relatives of employees and others
Taxable benefits received by a relative of an employee or any other person
because of the employee’s employment or services rendered, are taxed in
the hands of the employee.
Right of use of a motor vehicle
 Applies if: free private use (or for a consideration less than the value
of private use) of a motor vehicle (company car)
 Cash equivalent = Value of private use (3,5% or 3,25% per month x
Determined Value) LESS amount paid by employee
 Use 3,25% = if the car has a maintenance plan  if not use 3,5%
 Maintenance plan  contract covering all maintenance costs for not
less than 3 years and a distance of not less than 60 000 km
 Determined value = Retail market value
 If car is owned by employer:
 reduce determined value by depreciation of 15% per year (using
the reducing balancing method)
 between the date of acquisition and date of right of use
 for each completed 12-month period
Right of use of motor vehicle continued
 If accurate log book is kept for private and business km then value
of private use can be reduced in term of par 7(7) and par 7(8)
 Par 7(7) reduction on value of private use = value of private use x
business km/total kms = reduction in terms of par 7(7)
 Par 7(8) reduction on private use (USE PRIVATE KMS ONLY):
 Cost of license x private kms/total kms
 Cost of insurance x private kms/total kms
 Cost of maintenance x private kms/total kms
 Fuel = private kms x rate per deemed table  use determined value to
determine the rate for fuel
:
EXAMPLE
SOLUTION
Value of private use (3.25% x R741 000 x 7) =
168 578
Cash equivalent (R168 578 – (R200 x 7))
167 178
Paragraph 7(7) adjustment (R168 578 x 11 000/21 000) (88
303)
Paragraph 7(8) adjustment (16
264)
Licence cost (R890 x 10 000/21 000) R424
Fuel (10 000 km x R1,584) R15 840
Taxable income 62 611
Right of use of a motor vehicle
If two cars are made available to the
employee 
use the car with the highest determined value for
calculating private use  if an accurate log book is
not kept
If accurate log book is kept  use both
determined values to calculate the private use
No value:
private use of vehicle by employee is infrequent and vehicle is
not normally kept at the employee’s residence
If the nature of the employee’s duties regularly requires him to
use the vehicle for duties outside of his normal hours of work
and his private use is limited to travel between his place of
residence and his place of work
Ignore operating lease consequences
Meals, refreshments, meal & refreshment
vouchers
Applies if: free meals, refreshments, meals & refreshment vouchers
(M,R,V)
Exclusion = board or meals provided with residential accommodation
Cash equivalent = Value of M,R,V LESS amount paid by employee
Value = cost of M,R,V for employer
No value = meals or refreshments supplied by employer to employee in a canteen (or similar) mainly used by
employees, on the business premises of the employer, during business hours or extended working hours, on a
special occasion
Residential accommodation
Applies if: free residential accommodation or for
a consideration of less than the cash equivalent
Cash equivalent = Rental value LESS amount
paid by employee
Special rules (cash equivalent) = (A – B) x
C/100 x D/12
A = ‘remuneration proxy’
B = abatement = R78 150
C = 17 or 18 or 19
D = number of months entitled to the accommodation
C:
17 = all other cases
18 = house has 4 rooms or more and is either
furnished or electricity is supplied
19 = house has 4 rooms or more and is furnished and
electricity is supplied
EXAMPLE
EXAMPLE
From 1 July 2018 Big Bang rented a house in Umhlanga sands for
Sheldon, one of its employees. Big Bang pays rental of R5 000 per
month, and in return Sheldon pays Big Bang R1 500 per month. The
house has three bedrooms, a kitchen, a lounge and two bathrooms.
Sheldon is responsible for the water and lights and he bought his own
furniture when he moved into the house. Sheldon’s salary was R388 000
during the previous year of assessment.
SOLUTION
Cash equivalent
Value of private use = (A – B) x C/100 x D/12 = (388 000 – 78 150) x
17/100 x 8/12 35 116
Less amount paid by employee (R1 500 x 8) (12
000)
Cash equivalent (‘taxable benefit’) 23
116
QUESTION TIME
“The only difference between tax and death is that death doesn’t get worse every time
Congress meets.” Will Rose

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Fringe Benefits.ppt

  • 1. TAXATION 2021 presented by Masibulele Phesa CA(SA), RA Fringe Benefit Prescribed textbook: Notes on South African Income Tax
  • 2. LECTURE OUTCOMES  Understand fringe benefits  Apply the relevant sections of the Act
  • 3. Introduction Employees receives particular benefits due to the causal link of employment  These benefits can consist of of a combination of cash salary, allowances, advances and fringe benefits.  Benefits or assets given to employees, in a form other than cash, are defined as ‘taxable benefits’ in paragraph 1 of the Seventh Schedule and are generally referred to as ‘fringe benefits’.  The taxable value of fringe benefits (referred to as ‘cash equivalent’) are included in gross income through the application of par (i) of the gross income definition .
  • 4. Advances and allowances Some companies pay advances to their employees i.e- S&Ts. These advances must be included in gross income.  For the following allowances: – Travel allowances – Subsistence allowances = include the NET AMOUNT (gross allowance less certain expenditure) in taxable income  An amount paid as reimbursement  NOT included in taxable income if it will be used:  for expenditure incurred or to be incurred by him  on the instruction of his employer (‘principal’) in the furtherance of the employer’s trade  and the employee is required to provide proof of the expenditure to the employer
  • 6. TRAVEL ALLOWANCE (s8(1)(b) We will focus on two types of allowances: Fixed travel allowance Reimburse vie allowance Fixed travel allowances  To this type of allowance, the portion for business purposes is tax free  Only part associated with private use is taxable  Business kilometres can only be claimed if accurate log book is kept  Travelling between place of home and business ≠ business kms There are two methods of calculation: I.Actual business kms x deemed rate per km (provided by SARS) II.Actual business kms x actual rate per km (supported by actual records kept)
  • 7. TRAVEL ALLOWANCE (s8(1)(b) DEEMED RATE PER KM On this calculation the value of the vehicle is used to determine deemed rate per km as per table of rates as prescribed by SARS Value of the vehicle is: Original cost, including VAT but excluding finance charges OR Market value at the time when the employee first obtained the vehicle or the right of use of it (no debt on the car) DEEMED RATE PER KM How to calculate deemed rate per km: Fixed cost / total kms = fixed cost per km PLUS Fuel cost PLUS Maintenance cost Deemed rate x business km = non-taxable amount NOTE: Fixed cost  apportion using days if travel allowance is received for part of a year  NOTE: Fuel cost  taxpayer must cover full cost of fuel  NOTE: Maintenance cost  taxpayer must cover full cost of maintenance
  • 8. Travel allowance actual cost  If actual costs are used, then value of the vehicle is:  If vehicle is leased = total lease payments for the year  but may not exceed the amount of fixed cost in the table (see previous slide) for the category of vehicle used, and  in any other case = wear and tear must be determined over a period of seven years from date of acquisition. The cost of the vehicle is currently limited to R595 000.  How to calculate actual rate per km:  Wear and tear / 7 years PLUS  Actual costs related to vehicle
  • 9. Example Royce Leyland, aged 45 years, and a resident of the Republic, owns a vehicle that cost R513 000 (R450 000 + VAT of R63 000). He received a travel allowance of R22 500 a month from his employer for the year of assessment. He travelled 36 000 kms in the vehicle during the 2019 year of which 9 000 was travelled for business purposes. Royce kept an accurate logbook. The following actual costs (including VAT) were incurred by Royce for the year: Fuel costs R36 267 Maintenance costs R18 000 Licences cost R13 800
  • 10. Solution Deemed rate per km Allowance received (22 500 x 12) 270 000 Total kms travelled 36 000 Private kms travelled (27 000) Business kms travelled 9 000 Fixed cost component 153 850 Fixed cost per km (153 850/36 000) x 100 427.3c Fuel cost per km 158.4c Maintenance cost per km 88.9c Total cost per km 674.6c Deduction for business use (R6.746 x 9 000) (60 714) Taxable amount if deemed costs are claimed 209 286
  • 11. Solution actual rate Actual rate Allowance received (22 500 x 12) 270 000 Actual costs Wear and tear (513 000/7) R73 286 Fuel costs R36 267 Maintenance costs R18 000 Licences cost R13 800 R141 353 Deduction for business use (141 353/36 000 x 9 000) (35 338) Taxable amount if actual costs are claimed 234 662
  • 12. REIMBURSIVE TRAVEL ALLOWANCE  Taxpayer travels first and then claims business kms from his/her employer  Taxpayer is given an allowance on actual distance travelled (i.e. business kms)  If the following two requirements are met: o Allowance is based on the actual distance travelled or such actual distance is proven to the Commissioner & o No other travel allowance or reimbursement may be paid by employer to employee o THEN use simplified method  Simplified method: choose the best rate between deemed rate and R3,61 (applied to business km)
  • 13. Example Lerato owns a motor vehicle that cost her R21 000 (inclusive of VAT but exclusive of finance charges). She received a travel allowance of R3.70 per kilometre travelled on business from the employer during the 2019 year of assessment. She travelled 16 000 kms in the vehicle during the year and maintained an accurate log book of business travels. She paid all the costs in respect of maintenance and fuel and travelled 9 000 kms for business purposes. Calculate the taxable amount of the travel allowance on the assumption that she would use simplified method where possible.
  • 14. Solution Allowance received (9 000 x R3.70) 33 300 Deemed cost Fixed cost component 28 352 Fixed cost per km (28 352/16 000) 177.2c Fuel cost per km 95.7c Maintenance cost per km 34.4c Total cost per km 307.3c Rate per kilometre R3,073 Simplified method Rate per kilometre R3,61 (Simplified method is more beneficial) Deduction for business use (9 000 x R3,61) (32 490) Taxable amount 810
  • 15. SUBSISTENCE ALLOWANCE (s8(1)(c))  Subsistence allowance may occur if: o employee is required to stay away from home for at least one night for business purpose then o only the amount that exceed the actual or deemed costs  will be included in taxable income  If proof provided of expenditure  can claim expenses for accommodation, meals or incidental costs  If proof not provided claim up to (for travel in RSA): o R128 per day if allowance is granted for incidental costs OR o R416 per day if the allowance is granted for costs of meal and incidental costs  If travel outside RSA  use international rates of the specific country employee is visiting for business
  • 16. Example Nosipho is obliged to spend one night away from his usual place of residence for business purposes in South Africa. She receives an allowance of R 1 580 from his employer. Calculate his taxable amount of the allowance assuming that: a) He is able to prove that he incurred actual expenditure of R 1 650 on meals, accommodation and other incidental costs b) The employer pays for accommodation and Sipho pays for R350 for meals and other incidental costs. He does not keep documentation.
  • 17. Seventh Schedule- Fringe Benefits • Fringe benefits are specifically dealt with in Seventh Schedule of Income Tax Act. • There are two requirements that should be met: 1. An employee-employer relationship is a prerequisite to the application of the Seventh Schedule. 2. The taxable benefit (‘fringe benefit’) must be granted because of this relationship or as a reward for services rendered. Benefits granted to relatives of employees and others Taxable benefits received by a relative of an employee or any other person because of the employee’s employment or services rendered, are taxed in the hands of the employee.
  • 18. Right of use of a motor vehicle  Applies if: free private use (or for a consideration less than the value of private use) of a motor vehicle (company car)  Cash equivalent = Value of private use (3,5% or 3,25% per month x Determined Value) LESS amount paid by employee  Use 3,25% = if the car has a maintenance plan  if not use 3,5%  Maintenance plan  contract covering all maintenance costs for not less than 3 years and a distance of not less than 60 000 km  Determined value = Retail market value  If car is owned by employer:  reduce determined value by depreciation of 15% per year (using the reducing balancing method)  between the date of acquisition and date of right of use  for each completed 12-month period
  • 19. Right of use of motor vehicle continued  If accurate log book is kept for private and business km then value of private use can be reduced in term of par 7(7) and par 7(8)  Par 7(7) reduction on value of private use = value of private use x business km/total kms = reduction in terms of par 7(7)  Par 7(8) reduction on private use (USE PRIVATE KMS ONLY):  Cost of license x private kms/total kms  Cost of insurance x private kms/total kms  Cost of maintenance x private kms/total kms  Fuel = private kms x rate per deemed table  use determined value to determine the rate for fuel :
  • 20. EXAMPLE SOLUTION Value of private use (3.25% x R741 000 x 7) = 168 578 Cash equivalent (R168 578 – (R200 x 7)) 167 178 Paragraph 7(7) adjustment (R168 578 x 11 000/21 000) (88 303) Paragraph 7(8) adjustment (16 264) Licence cost (R890 x 10 000/21 000) R424 Fuel (10 000 km x R1,584) R15 840 Taxable income 62 611
  • 21. Right of use of a motor vehicle If two cars are made available to the employee  use the car with the highest determined value for calculating private use  if an accurate log book is not kept If accurate log book is kept  use both determined values to calculate the private use No value: private use of vehicle by employee is infrequent and vehicle is not normally kept at the employee’s residence If the nature of the employee’s duties regularly requires him to use the vehicle for duties outside of his normal hours of work and his private use is limited to travel between his place of residence and his place of work Ignore operating lease consequences
  • 22. Meals, refreshments, meal & refreshment vouchers Applies if: free meals, refreshments, meals & refreshment vouchers (M,R,V) Exclusion = board or meals provided with residential accommodation Cash equivalent = Value of M,R,V LESS amount paid by employee Value = cost of M,R,V for employer No value = meals or refreshments supplied by employer to employee in a canteen (or similar) mainly used by employees, on the business premises of the employer, during business hours or extended working hours, on a special occasion
  • 23. Residential accommodation Applies if: free residential accommodation or for a consideration of less than the cash equivalent Cash equivalent = Rental value LESS amount paid by employee Special rules (cash equivalent) = (A – B) x C/100 x D/12 A = ‘remuneration proxy’ B = abatement = R78 150 C = 17 or 18 or 19 D = number of months entitled to the accommodation C: 17 = all other cases 18 = house has 4 rooms or more and is either furnished or electricity is supplied 19 = house has 4 rooms or more and is furnished and electricity is supplied
  • 24. EXAMPLE EXAMPLE From 1 July 2018 Big Bang rented a house in Umhlanga sands for Sheldon, one of its employees. Big Bang pays rental of R5 000 per month, and in return Sheldon pays Big Bang R1 500 per month. The house has three bedrooms, a kitchen, a lounge and two bathrooms. Sheldon is responsible for the water and lights and he bought his own furniture when he moved into the house. Sheldon’s salary was R388 000 during the previous year of assessment. SOLUTION Cash equivalent Value of private use = (A – B) x C/100 x D/12 = (388 000 – 78 150) x 17/100 x 8/12 35 116 Less amount paid by employee (R1 500 x 8) (12 000) Cash equivalent (‘taxable benefit’) 23 116
  • 25. QUESTION TIME “The only difference between tax and death is that death doesn’t get worse every time Congress meets.” Will Rose