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October 2011

INTRODUCTION

The high unemployment statistics, although reducing slightly in September was one of the catalysts for the recent youth march in Gauteng. Recent youth uprisings throughout the world should act as a warning to our government to take seriously the plight of our youth.

TECHNOLOGY

In Excel, you may wish to locate entries ending in an *. The problem here is that the asterisk is the symbol one uses when conducting a wildcard search. E.g., you might want to find cells containing the word “Mike”. Using wildcards, one would type Mike*.* in the “Find What” field of the Find screen (CTRL+F). However, to find a cell containing an asterisk, one must type *~*. Similarly, to find a cell containing a question mark, one must type *~? in the “Find What” field.

TAXATION

Tax Laws Amendment Bill

This bill that was promulgated on 26 October 2011, will, when passed into law, give affect to some of the changes foreshadowed in the budget and mini budget.

Included are changes to certain life assurance policies affected on the lives of employees by the employer. Most notable is the proposal relating to so-called Keyman Policies. These policies are intended to cover the costs experienced when a key employee either passes away or is disabled to the extent that the operations of the business are impaired.

Under the present regime there are two possible methods of dealing with the tax consequences of these policies:

  • Not to claim the deduction of the premiums and not include the proceeds in the entity’s taxable income; or
  • Claim the premiums as a deduction from income in the years that they are incurred and included the proceeds in taxable income on maturity of the policy.

The latter method creates difficulties in that not only will the business be incurring additional costs connected to the loss of the key person at the time of the maturity event but also it will incur a simultaneous tax liability that may well detract from the object of establishing the policy.

Therefore, it is proposed to give the employer the option to opt for the regime that will be applied to these policies in future.

This will necessitate the signing of an addendum to the policy. For pre-existing policies, the election must be effected before 1 March 2012. Employers are urged to consult their insurance brokers in this regard. Policies taken out after that date must include a declaration as to which regime will apply to the policy.

These elections will be made in terms of Section 11(w)(ii) of the Income Tax Act.

An amendment that will impact upon many persons who conduct their business through the medium of a company or close corporation relates to loan or advances made by the entity to the member/shareholder. With effect from years of assessment ending on or after 1 April 2012 these loans will give rise to a deemed dividend. Where the loan or advance is subject to defined repayment terms, the value of the deemed dividend will be the market related interest applicable to the loan less the amount on interest actually charged. Where no repayment terms are stipulated, the full amount of the loan/advance will be a deemed dividend. The company/corporation will have to withhold dividend tax from such loans/advances. Therefore, entity owners who, at present, use company funds for personal expenses and the total of such advances exceed their net salaries will fall into the tax net with regard dividends. The practice of taking a salary in cash and making additional withdrawals to fund private expenses will need to be curtailed.

DEADLINES

Annual Duty – end of the month following incorporation date

Disposal of a residence from a company or trust – 31 December 2012

Income Tax Returns – 2011 Individuals:

Efilers:

****Non-provisional taxpayers – 25 November, 2011****

Provisional taxpayers – 31 January 2012

BUSINESS

Given that unemployment is a very emotive topic, it must be recognised that, in many instances it goes hand in glove with retrenchments. Therefore, it is opportune to discuss what amounts must be included when calculating severance pay and what amounts may be excluded.

Inclusions

  • Housing allowances  and the value of housing provided.
  • Travel allowHHance except to the extent that is provided to enable the employee to perform his duties
  • Cash payments and payments not listed in exclusions, below.
  • Employers’ contributions to medical aid schemes, pension and provident funds and funeral or death benefit policies.

Exclusions

  • Cash payments provided to enable the employee to perform his duties. E.g., Tool and transport allowances
  • Relocation allowances
  • Gifts, gratuities and tips
  • Entertainment allowance
  • Education allowance
  • Employers’ contributions to share incentive schemes

ECONOMY

Unemployment amongst the youth could have catastrophic consequences if not addressed. The impact of economic factors on this problem cannot be understated. However, equally important is the role that is played by the education system.

The role of education, at whatever level, is to prepare the learner for a life in the mainstream economy. However, many tertiary education institutions are testing the applicants’ numeracy and literacy before admitting them into a study course.

High failure rates in professional examinations have been linked to inadequate education in basic arithmetic and in English. Whilst students who have had the benefit of private education have excelled, those who were schooled through government schools have, in the main, fallen short of tertiary entry-level requirements.

If this inadequacy does not result in political upheaval, in the medium term, it will have the effect of denying the economy suitably skilled staff and this, in turn, will result in poor productivity and a diminished share in the world market. Therefore, as a matter of urgency, government needs to enhance the quality of education provided by its schools.

The other platform for the recent youth march was that of nationalisation. We have only to look at countries north of us, to see how this too will lead to degradation of productive assets.

In Zambia, under Kaunda for example, during the period that the mines were nationalised, copper production decreased significantly, inflation rose to staggering levels and unemployment followed suit. With a change in government and the implementation of de-nationalisation, these trends were reversed and the government of Michael Sata inherited an economy that was in a recovery cycle.

Closer to home, the land grabbing policies of Uncle Bob has decimated the agricultural sector to the extent that a country that was an exporter of food products is now dependant on imports.

TAILPIECE

“When I was 5 years old, my mother always told me that happiness was the key to life. When I went to school, they asked me what I wanted to be when I grew up. I wrote down ‘happy’. They told me I didn’t understand the assignment, and I told them they didn’t understand life.” John Lennon