sars tax incentives
TRANSCRIPT
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Welcome to the SARS Welcome to the SARS Tax WorkshopTax Workshop
The purpose of this presentation is merely to provide information in an easily understandable format and is intended to make the provisions of the legislation more accessible to the layman. The information therefore has no binding
legal effect and the relevant legislation must be consulted in the event of any doubt as to the meaning or application of any provision.
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Learnership Allowance
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• Overview
• Definitions
• Key Features
• Requirements and Prohibitions
• Quantum of the allowance
• Termination of Agreement
Points for Discussion
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Overview
• Allowance may be deducted from employer’s income from trade in the determination of taxable income
• Additional deduction to other Income Tax deductions allowable to employers Salaries and/or wages
• An incentive to train employees Regulated environment Encourage skills development and job creation
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Overview
• Learnership agreements and contracts of apprenticeship registered with a SETA
• Additional deduction consists of Annual allowance Allowance on completion
• Amendments effective as from the commencement of years of assessment ending on or after 01 January 2010
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DefinitionsEmployer
• party to a registered learnership agreement• In the case of more than one employer, employer
identified as the lead employer
Learner
• As defined in section 1 of the Skills Development Act, 1998
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DefinitionsRegistered Learnership Agreement
• Learnership agreement registered in accordance with the Skills Development Act, 1998 and entered into between learner and employer before 01 October 2016
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Key Features• Annual Allowance
learner is party to a registered learnership agreement pro-rata reduction if agreement is less than 12 full months
• Completion Allowance learner successfully completes the learnership different rules apply in determining the completion allowance
for registered learnership agreements spanning periods of less than 24 months, and those which cover a longer period
• Quantum of both allowances is increased in the case of a disabled learner
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Requirements
• Deduction of Annual Allowance during any year of assessment the learner is party to a
registered learnership agreement the agreement had been entered into pursuant to a trade
carried on by that employer employer has derived “income” as defined in section 1 of the
Income Tax Act, 1962 from that trade Deductible in each year of assessment during which the
learnership agreement is in force
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Annual Allowance Example
Example 1 – Date of commencement of annual allowance•An employer’s year of assessment ends on the last day of February.
•An employee commenced employment on 3 January 2014 and signed a three-year learnership agreement on 10 January 2014. The agreement was only registered on 1 March 2014.
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Annual Allowance Example
Result (With effect from 1 January 2013):•The employer will be entitled to an annual allowance during the year of assessment ending on 28 February 2014 because –the learnership agreement was entered into within 12 months of the end of the 2014 year of assessment, namely, on 1 March 2014; andis accordingly deemed to have been registered on 10 January 2014 when the learnership agreement was entered into.
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Requirements• Deduction of Completion Allowance
during any year of assessment the learner is party to a registered learnership agreement
the agreement had been entered into pursuant to a trade carried on by the employer
learner successfully completes learnership during year of assessment
employer has derived “income” as defined in section 1 of the Income Tax Act, 1962 from that trade
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Requirements
• Deduction of Completion Allowance
deduction can create an “assessed loss” from the particular trade
agreement may provide for an extension of the training period, where employer is not satisfied that the learner has met the required level of competency
allowance claimable in the year of assessment during which the SETA has confirmed, in writing, that the learnership has been completed successfully
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Requirements• Enhanced allowances – disabled learners
increase in annual and completion allowance
“disability” as defined in Section 18(3) of the Income Tax Act, 1962
moderate to severe limitation of a person’s ability to function or perform daily activities as a result of a physical, sensory, communication, intellectual or mental impairment, if the limitation- has lasted or has a prognosis of lasting more than a year is diagnosed by a duly registered medical
practitioner (SARS ITR-DD)
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Prohibition of Allowance• Employer may not claim any annual or completion
allowance if a learner -
a learner, who is party to the new registered learnership agreement, has previously failed to complete any other registered learnership agreement to which the employer or an associated institution was a party; and
the other registered learnership agreement contains the same education and training component as the new registered learnership agreement.
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12 full months during any year of assessment
• Allowable deduction equal to - R30 000 orR50 000 in the case of a learner with a disability (as
defined)
Quantum of Annual Allowance
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Period of less than 12 full months during any year of assessment
• Allowable deduction equal to:a pro-rata portion of R30 000 ora pro-rata portion of R50 000 in the case of a learner
with a disability (as defined)
Quantum of Annual Allowance
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Example
Quantum of Annual Allowance
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Learnership agreements for less than 12 full months
• Allowable deduction equal to: R30 000 orR50 000 in the case of a learner with a disability (as
defined)
Quantum of Completion Allowance
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Learnership agreements equal to or exceeding
24 full months
• Allowable deduction equal to: R30 000 X (number of consecutive 12-month periods),
or R50 000 X (number of consecutive 12-month periods), in the
case of a learner with a disability (as defined)
• Only full 12-month periods taken into account
Quantum of Completion Allowance
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• Completed Learnership Agreement
Confirmation provided by SETA with which the learnership agreement is registered
Successfully completed according to the required standards or the standards of a professional body
Quantum of Completion Allowance
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Example
Quantum of Completion Allowance
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Substitution of Employers
• Section 17(5) of Skills Development Act, 1998: Employer may be substituted with the consent of the learner and approval of the SETA with which the learnership agreement has been registered
Employer “A” and “B” entitled to claim pro-rata portion of annual allowance during the year of assessment in which learner changes employment
Employer “A” not entitled to any further allowances Employer “B” entitled to future allowances, provided all the
requirements have been met
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Example
Substitution of Employers
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Termination of Agreement
• Amendments have done away with the recoupment rule Learners change employment for better opportunities,
resulting in termination of registered learnership agreement and as a result, triggered a recoupment of the allowance already claimed
To ensure that employer is not burdened by actions taken by the learner or any events beyond the employer’s control
• Initial employer will still be able to deduct an amount equal to a pro-rata portion of the annual allowance