1. INDIVIDUALS

The maximum marginal rate for natural persons remains at 45% and is reached when taxable income exceeds R1 500 000.

The minimum rate of tax remains at 18% on taxable income not exceeding R195 850.

The primary rebate for all natural persons has been increased to R14 220 (previously R14 067). The additional rebate for persons aged 65 years and older is increased to R7 794 (previously R7 713).  Persons aged 75 and older are granted a further R2 601 (previously R2 574).

The tax free portion of interest income remains at R23 800 for taxpayers under 65 years, and R34 500 for persons aged 65 years and older.  In addition the tax-free savings dispensation for other investments, including collective investment schemes, became operative 1 March 2015 and remains at R33 000 per tax year.

Local dividends tax remains at a flat 20% rate which was effective 22 February 2017.

Foreign dividends also remain taxed at a flat rate of 20%, but this may be reduced in terms of Double Tax Treaties.

An individual is exempt from the payment of provisional tax if the individual does not carry on any business and the individual’s taxable income –

• Will not exceed the tax threshold (see 4 below) for the tax year, or
• From interest, foreign dividends and rental will be R30 000 or less for the tax year.

2. COMPANIES AND CLOSE CORPORATIONS

The rate of normal tax remains at 28%.

The final withholding dividend tax remains at a flat rate of 20%.

Tax Exempt bodies (e.g. Retirement Funds) will suffer no withholding tax upon production of a tax exemption certificate.

3. TRUSTS

The flat rate remains at 45%, although distributions in the same tax year are taxed instead in the beneficiaries hands.

4. INDIVIDUAL TAX THRESHOLDS 

Liability for tax is as follows:

Under 65 years:             R  79 000        (previously R  78 150)
65 to 74 years :             R122 300        (previously R121 000)
75 years and older:       R136 750        (previously R135 300)

INCOME TAX:  INDIVIDUALS AND SPECIAL TRUSTS (The table remains as before)

Taxable income (R)                 Rates of tax

0 –    195 850              18% of taxable income
195 851 –    305 850              R  35 253 + 26% of taxable income above R  195 850
305 851 –    423 300              R  63 853 + 31% of taxable income above R  305 850
423 301 –    555 600              R100 263 + 36% of taxable income above R  423 300
555 601 –    708 310              R147 891 + 39% of taxable income above R  555 600
708 311 – 1 500 000              R207 448 + 41% of taxable income above R  708 310
1 500 001 and above                R532 041 + 45% of taxable income above R1 500 000

TRUSTS OTHER THAN SPECIAL TRUSTS – RATE OF TAX – 45%

TAX REBATES:

PRIMARY                                                       R14 220          (previously R14 067)
SECONDARY (AGE 65 AND OVER)             R  7 794          (previously R  7 713)
PLUS AGE 75 AND OVER                            R  2 601          (previously R  2 574)

5. ESTATE DUTY AND DONATIONS TAX

The rate of estate duty and donations tax remains at 20% for dutiable estate amounts of R30 million or less and increases to 25% for dutiable estate amounts over R30 million.

The estate duty abatement (exempt threshold) remains at R3,5 million per person and a surviving spouse may also benefit automatically from any unused deduction in the first dying spouse’s estate.  i.e. The abatement remains  a combined maximum R7 million for the second dying spouse.

There is a similar treatment of Donations Tax namely 20% for donations of R30 million or less, and increases to 25% for donations over R30 million.

The first R100 000 of amounts donated in each tax year by a natural person remains exempt from donations tax.   Donations between spouses are fully exempt.

6. CAPITAL GAINS TAX (CGT)

• The annual capital gain exclusion for individuals remains at R40 000.
• The primary residence exclusion from capital gains tax remains at R2 million.
• The capital gain exclusion at death remains at R300 000.
• The effective rate of CGT is the range of 7.2% to 18% for individuals, 22,4% for companies and 36% for Trusts, although correctly structured Trusts can result in the individual rate being applicable.

7. TRANSFER DUTY

The rates remain, i.e. property costing less than R900 000 will attract no duty.  A 3 percent rate applies between R900 000 and R1,25 million, 6 per cent between R1,25 million and R1,75 million, 8 percent between R1,75 million and R2,25 million, 11 percent between R2,25 million and R10 million and 13 percent thereafter.

8. RETIREMENT FUNDS  (The tables remain as before)

Retirement Fund Lump Sum Withdrawal Benefits

Retirement Fund Lump Sum Retirement Benefits or Severance benefits

• Tax Harmonisation of Retirement Fund Contributions

As from 1 March 2016 all retirement funds (pension, provident and retirement annuity funds) are treated similarly for tax contribution purposes.

The tax deduction formula of 27,5% per annum (with a cap of R350 000) of the greater of taxable income and remuneration applies to members of all retirement funds, including provident funds.

• Annuitisation

Pension and Retirement Annuity (RA) Funds will still require a compulsory annuity purchase upon retirement with two-thirds of such fund benefits whereas Provident Fund benefits may be commuted in full, until 1 March 2019 when annuitisation also applies.  However, in a media statement issued by National Treasury on 16 July 2018 it was stated that “Government may introduce further legislative amendments related to the start-date of 1 March 2019 once the NEDLAC process is completed ……..”.  We await further clarity.  The threshold below which a full fund benefit from a Pension or RA is allowed to be commuted is R247 500 effective 1 March 2016.

9. MEDICAL EXPENSES

• Taxpayers may in determining tax payable deduct monthly contributions to medical schemes (a tax rebate to be known as a medical scheme fees tax credit) up to R310 for each of the taxpayer and the first dependant on the medical scheme and R209 for each additional dependant.
• An individual who is 65 and older, or if that person, his or her spouse or child is a person with a disability, 33.3% of qualifying medical expenses paid and borne by the individual and an amount by which medical scheme contributions paid by the individual exceed 3 times the medical scheme fees tax credits for the tax year.
• Any other individual, 25% of an amount equal to qualifying medical expenses paid and borne by the individual and an amount by which medical scheme contributions paid by the individual exceed 4 times the medical scheme fees tax credits for the tax year, limited to the amount which exceeds 7.5% of taxable income (excluding retirement fund lump sums and severance benefits).

10. VAT

The rate remains at 15%.  The compulsory VAT registration threshold remains at R1 million turnover per twelve month period.

11. FOREIGN EXCHANGE

The offshore investment allowance remains at R10 million per adult person per calendar year.  In addition the R1 million individual single discretionary allowance remains.

12. VOLUNTARY DISCLOSURE PROGRAM

Taxpayers who have undisclosed income whether local or foreign, may avail themselves of the permanent normal SARS Voluntary Disclosure Program (VDP) contained in the Tax Administration Act, in order to mitigate penalties.

As regards unauthorised foreign assets, a person may approach the SA Reserve Bank (SARB) for post SVDP regularisation and each case is considered on its own merits.

A H DAVEY
20 February 2019