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SARS exemptions: Here’s who DOES NOT have to file a tax return for 2022

The financial experts at Price Waterhouse Copper (PWC) say that they have been notified of SARS’ intentions to declare the start of ‘filing season’ this week – and South Africans will be expected to start submitting their tax return from July 2022 onwards.

However, there’s a significant cohort of our fellow citizens who won’t have to lift a finger.

WHEN DOES THE 2022 TAX FILING SEASON START IN SOUTH AFRICA?

According to PWC, the taxman will make an announcement this Friday, encouraging millions of income-earning residents to get their tax returns in order. The economic specialists revealed this information in a recently-released media statement:

“SARS has published a notice to appear in the Government Gazette on 3 June 2022, to notify taxpayers to submit income tax returns for the 2022
year of assessment, as well as the periods within which the returns must be furnished. Filing season will open in July 2022.”

PWC statement

SARS LIST EXEMPTIONS FOR 2022 TAX RETURNS

There are exemptions though: Some people don’t meet the thresholds required by SARS, meaning that their tax affairs require zero intervention. An individual is not required to submit a return if their gross income consists solely of ONE OR MORE of the following:

  • Remuneration not exceeding R500 000 from a single source. This must not include additional benefits or claimable allowances.
  • Dividends where the individual was a non-resident throughout the year of assessment
  • Amounts received or accrued from tax-free investments.
  • Interest income from South Africa that DOES NOT exceed R23 800 for a person younger than 65.
  • Interest income from South Africa that DOES NOT exceed R34 500 for a person aged 65 or older.
  • And finally, interest income from South Africa that DOES NOT exceed R23 800 for a deceased person’s estate.

WARNING: SARS ARE ‘CLOSING THE E-FILING WINDOW’

For those of us who don’t qualify, it’s a case of getting back on our e-filing systems, and sending over the details required as promptly as possible. PWC also warn that the deadline for tax return submissions in 2022 has been ‘significantly reduced’:

“It should be noted that SARS has significantly reduced the deadlines for filing returns from those that applied in previous years in certain circumstances. Taxpayers should ensure that they meet the deadlines in order to avoid the potential imposition of any penalties.”

PWC statement

Getting personal debt under control

Shocking revelation: a large portion of the credit-worthy population pay over 70% of their monthly income towards servicing debt.

Being over-indebted can be emotionally distressing and have broader consequences in other areas of life. Image: Shutterstock

Being over-indebted can be emotionally distressing and have broader consequences in other areas of life. Image: Shutterstock

Consumers usually start every year with higher debt levels following a free-spending holiday season, with 2022 bringing more challenges than usual.

“We are facing higher inflation, rising electricity, petrol and food prices, and higher interest rates,” says Tonia Pavlou, deputy CFO at credit provider RCS.

It is telling that Pavlou warns about an over-indebted population, seeing that RCS is in the business of supplying credit to consumers, and in particular store cards to be used at the majority of retail chains in SA.

“The statistics are concerning, pointing to consumers having taken considerable strain during the first quarter of the year. Historically, overspending during the festive season has a domino effect on the first few months of the year.

“A recent report by market research consultancy Eighty20 found that members of the mass credit market in SA can be characterised as ‘stressed’ in relation to their level of indebtedness. The mass credit market accounts for the majority of credit active people, 82% of whom have retail credit and a fifth of whom have credit cards.

“Typically, this market has a monthly instalment to net income ratio of over 70% or at least two loans that are in default,” says Pavlou.

Credit data available at the end of December 2021 showed that the middle class is sliding further into debt, according to Eighty20 Consulting’s recent Credit Stress Report. “Vehicle asset finance and credit cards were most affected, with overdue debt increasing 35% and 20% respectively year on year.

“After dropping by nearly 30% over the past four years, the number of outstanding loans stabilised, with almost no increase in real loan accounts, although retail trade defied expectations in December with 3.1% growth from the previous year,” according to the report.

Eighty20 notes that the number of credit accounts at least nine months in arrears (which make up half of all loans in arrears) continues to grow, albeit at a slower pace.

It says the proportion of loans in good standing has remained stable over the past year at 62%, neglecting to point out that nearly 40% of all loans are in arrears.

That equates to a lot of people with financial problems.

Financially stressed

Eighty20 would classify people who are obliged to pay more than 70% of their income towards debt as being over-indebted.

In reality, it means that somebody who earns R20 000 after tax will see R14 000 disappear towards servicing debt. It is gone – only R6 000 left – before getting within 15 metres of an ATM after working a whole month.

Somebody who needs to pay 65% of their income towards servicing debt and is up to date with all their instalments and repayments would not be considered to be over-indebted.

It still looks like an uncomfortable position, raising the question of how much debt any individual should have.

“There isn’t a definite answer. Everybody is unique and everybody has different circumstances,” says Pavlou.

She says people have a “fear” of financial affairs, simply saying that they are not financially inclined. During an interview with Moneyweb, she noted several times that people should have a good “relationship” with their finances.

“The quieter winter season is the ideal time to reflect on finances, and, if necessary, work on your relationship with your debt,” she adds.

There are small but significant steps that can be taken towards improving your financial position.

New debt

When considering new debt, people should be conscious about what they are taking on, understand the need for it, and understand the repayment obligations. New debt should be considered while taking into consideration other commitments and income.

Take action if you are over-indebted or feel stressed about your financial situation, says Pavlou.

“The journey to becoming less indebted and financially secure begins with good planning, followed by consistency.

“If you are struggling to decrease the amount of debt you’ve accumulated over the summer months or you are concerned with rising prices and rising interest rates, you can focus on making a concerted effort to work closely with your debt cycle.

“You can do this by avoiding the things that trigger excessive spending. For some people, this may mean temporarily unsubscribing from those promotional offers that your favourite retailers send out regularly.

“For others, it could mean putting a stop to visiting shopping malls.

“Cutting out temptation and opportunities to overspend while you are working on reducing your debt can go a long way towards reaching a longer-term goal of financial fitness,” she says.

Pavlou also notes that the reality of being over-indebted can be emotionally distressing and can have broader consequences in other areas of your life.

Written plan

The first step is creating a debt repayment schedule, using a basic Excel spreadsheet or writing a list of exactly how much is owed to whom. This information is readily available.

“Seeing the figures on paper will give you a full view of your finances and help you to plan your debt repayments strategically,” says Pavlou.

“Decide which debt to pay off first to improve your cash flow.

“Track your progress. Seeing debt reduce helps [you] to feel less overwhelmed and keeps you motivated to remain consistent with your repayments,” says Pavlou, warning that it might be long process.

“Receiving an unexpected windfall such as income from a side hustle, a tax refund, a gift or a bonus will always be a welcome surprise. The unfortunate reality is that any extra income means extra spending.

“Challenge this mentality.

“Invest in your future self by paying down today’s debt. The opportunity to spoil yourself is still there, you are just choosing not to exercise it immediately, but rather at a future date.

“If you can manage your debt, you will accelerate your journey towards becoming more financially secure.

“Reward yourself at specific milestones to make your financial journey a positive experience, with a long-term view,” she says.

Her plan is simple:

  • Make a list of all your debt and monthly payments
  • Decide which accounts to pay off first
  • Check progress regularly
  • Beware of temptations
  • Set new financial goals

Pavlou says people must also educate themselves on using debt responsibly, and educate themselves on issues pertaining to their personal finances in general. “Embrace your personal finances. Don’t let debt keep you awake,” she says.

As an aside, the opportunity to quiz the account manager from the public relations firm who set up my meeting with RCS was too good to miss.

A bit surprised, he nevertheless shared his situation. “At this stage, I have very little debt. I just started my career. I only have a car loan at the moment.

“I am lucky that a lot of information about personal finances cross[es] my desk. I am learning a lot and have a financial plan in place,” he says, also noting that he wants to maintain a good credit score.

New court ruling has massive implications for marriage and divorce in South Africa

The Pretoria High Court on Wednesday (11 May) ruled that a part of South Africa’s Divorce Act is unconstitutional, setting up major changes for how divorces are handled when couples are married out community of property in the country.

The court judgement declared that Section 7(3)(a) of the Divorce Act is inconsistent with the Constitution and invalid, saying it amounts to unfair discrimination in respect of ‘out of community of property’ marriages.

Section 7(3) of the Divorce Act deals with the division of assets for couples married out of community of property. However, Section 7(3)(a) lays out different rules for marriages that took place after the Matrimonial Property Act came into effect on 1 November 1984.

This difference, the court said, amounts to unfair discrimination – particularly for economically disadvantaged people – and limits the operation of Section 7(3).

Section 7(3)(a) of the Divorce Act reads:

(3) A court granting a decree of divorce in respect of a marriage out of community of property—

(a) entered into before the commencement of the Matrimonial Property Act, 1984, in terms of an antenuptial contract by which community of property, community of profit and loss and accrual sharing in any form are excluded

may… on application by one of the parties to that marriage, in the absence of any agreement between them regarding the division of their assets, order that such assets, or such part of the assets, of the other party as the court may deem just be transferred to the first-mentioned party.

In the ruling, the court took particular issue with the wording, “entered into before the commencement of the Matrimonial Property Act, 1984,” saying its phrasing was inconsistent with the Constitution and therefore invalid.

According to South Africa’s Matrimonial Property Act of 1984, when married out of community of property with the inclusion of accrual, spouses will, at divorce, share equally in the growth of the spouses’ estates during the marriage. If a spouse’s estate grows larger than the other, at the time of divorce, the spouse with the smaller estate can make a claim against the larger estate.

There is, however, no sharing of the assets that each party already owned at the time of the marriage – these assets remain separate.

When married out of community of property without accrual, there is no sharing of any assets at divorce, whether accumulated before or during the marriage.

According to Natasha Truyens, senior associate and family law attorney at Barnard Incorporated Attorneys, the practical implication of the new judgment would mean that any person who enters into an antenuptial contract without accrual after the commencement of the Matrimonial Property Act (ie, after 1 November 1984), can now ask a court for a redistribution of assets – overriding the content of their signed antenuptial contract – if the court deems it appropriate and just.

“The factors which the court would have to consider, other than any direct or indirect contribution made by the party concerned to the maintenance or increase of the estate of the other party, would include the existing means and obligations of the parties, any donation made by one party to the other during the subsistence of the marriage, and any other factor which should in the opinion of the court be taken into account,” Truyens said.

In making the ruling, the court had to consider whether, by the standards of the Constitution, Section 7(3) of the Divorce Act amounted to discrimination against a person.

In the judgment, the court said that “the differentiation amounts to discrimination based on the date on which a marriage was concluded because economically disadvantaged parties’ human dignity is impaired if they cannot approach the court to exercise the discretion provided for in s 7(3) of the Divorce Act.

“Unlike their counterparts, whose marriages were concluded before 1 November 1984, economically disadvantaged parties who contributed to their spouses’ maintenance or the growth of their estates, are vulnerable parties whose only recourse is to approach the court for maintenance.

“The unequal power relationship implicit to any maintenance claim, and the extent to which it renders an economically disadvantaged party vulnerable, in these circumstances speaks for itself.”

The Constitutional Court will now have to consider whether the order should be confirmed or not. Should the order be confirmed, it will have a significant and compelling effect on many marriages in South Africa, Truyens said.

If you’ve left retirement planning until very late, here’s what you need to do immediately

It is widely accepted financial wisdom that when it comes to planning for retirement, it is best to start saving early and save right through your working life – not just so that you put away more money, but so that you may reap the rewards from compound growth as your returns are reinvested.

However, for a number of reasons, many of us find ourselves getting close to an age where we would like to – or have to – retire, without a retirement plan.

So what do you do if you find yourself in your late forties or early fifties and you don’t have a proper retirement plan? We found out.  

An honest look at your budget

“The shorter your time horizon to retirement, the less you can rely on interest returns to give you what you need in retirement. At this stage, it’s actually more about saving and how much you put away because you’ve left it so late,” says Lindsay Frost, a Cape Town-based investment planner and financial advisor.

A good exercise is to first sit down and go through your monthly costs and understand exactly what you’re spending your money on every month. If you’re in a relationship, Frost advises doing this together with your partner. Expenses should be grouped together into categories such as groceries, travel, entertainment, insurance and so on.

“Then you can create a goal for what you need for retirement; the bottom line amount that you will need. Because you’ve left it late, be realistic – don’t expect that you’re going to spend an amazing amount of money; rather work out the worst case scenario.

What is the minimum amount that you need to actually survive in retirement? Start off with that as a goal,” she explains, taking into consideration that you would be planning for some 20 to 30 years of post-retirement income.

Think ahead: inflation and other life changes

Some factors Frost advises to look at when budgeting for life after retirement include a potentially reduced cost of living. For example, if you own property, your bond might be paid off; if you have children, they could potentially be out of the house by then and earning their own income.

Fuel costs might also be reduced when one no longer needs to travel to work every day. “So technically, your spend in retirement should be less than what you’re spending now,” says Frost. However, she advises that healthcare costs might rise.

Once you’ve got the number in your head, the next step is to minimise the accounts you have.

“You might have two current accounts and a savings account, plus two credit cards, which can make it hard to keep track of your spending. And if you have a spouse, what are you spending together? How many accounts do you have between the two of you?

“In South Africa, you can’t have joint accounts. All you can do is have a card to access someone else’s account, thus you will each need your own account.

“To minimise accounts, you could share a credit card account, so that all costs come off one credit card. So you get your salaries in your individual accounts, but you jointly pay off one credit card.

“If you really struggle with discipline, another option is to actually just not have a credit card. Because then you can’t overspend,” explains Frost.

Retirement savings and tax payback

The first thing to look at is a retirement annuity, says Frost, especially if you don’t have a pension fund or provident fund linked to your employer.

Whether you privately invest in a retirement annuity or your employment comes with a provident fund, when you invest in one of those, SARS gives you tax back.

Taking a hypothetical example; say you pay a tax rate of 40% and you invest R1,000 into a retirement annuity: “SARS gives you money back at your tax rate. At a hypothetical 40%, that means you get R400 back. So if you invest the R400 back into the fund, you get nearly R200 back – then once you’ve invested that back in, you’ve invested nearly R1,600, versus the R1,000 you would have invested without the tax benefits of a retirement annuity,” she explains.

However, one can only reap those benefits if the tax is reinvested. That is to say, when you do your annual tax returns and SARS sends the refund, it must be put back into the retirement annuity and not spent.

If possible at one’s place of employment, one could also ask the employer to include your retirement contribution on your payslip so that the tax is reduced immediately on a monthly basis. In this way you could increase your retirement savings to include the monthly tax saving.

Says Frost: “So you’re benefiting on a monthly basis rather than having to exercise the discipline of taking an annual lump sum to invest back into the fund.”

Late start? Go for balance

“If you choose a high risk investment strategy, your investment time horizon to achieve the return objectives is 10 years or more,” says Frost, explaining that you might have one year where you have a minus return on your investment, and perhaps a positive return in another year, and that these are more likely to balance each other out over a decade. Whereas over a short term, they are less likely to have enough time to balance each other out and you might end up losing money.

“Say you’re retiring in five years but you’re only starting to save now… keep in mind that you’re still going to need to draw from that money for possibly 20 to 30 years.

“If you’ve a high-risk strategy and, say, you have a minus 30% on your return in one year, and perhaps you’re drawing 5%, that’s more than a third of your money gone. So ideally, the money that you’re going to spend in the next five years, you want to be a bit more defensively invested, and any money for a longer term can be more aggressively invested,” she explains.

Cryptocurrency and traditional saving accounts

Similarly, she cautions against unregulated investments.

“For 5 years to go it’s almost all about amount saved instead of investment return. In saying that though you don’t want to invest in a high risk investment that is not diversified as there could be a crash on the day you retire. Similarly, you don’t want it all in cash as you won’t beat inflation. The key is to diversify what you are invested in but more importantly just start saving – whether you achieve an 8% return or a 7.5% return materially it’s not going to make a massive impact on how long your capital lasts in retirement. It’s more about how much you save. It’s about being consistent..”

Frost also warns against merely keeping one’s retirement savings in a bank account: “The problem with that is, if all your investments are in cash… if it’s in a bank account, you’re earning interest that’s taxed. So your return after tax is less than inflation most of the time.

“For example, if inflation is at 5% and your interest return is also at 5%, once the interest return has been taxed, it will actually be less than inflation; it could end up then being 4%. In other words, the cost of goods and the cost of living went up by 5%, but your investment only grew by four, so you’ve actually gone backwards by 1%.

“If you compound that over the years, it has a huge impact on your retirement savings.”

It’s even worse for people who might choose not to even put money in the bank, perhaps keeping it in cold, hard cash: “You aren’t getting any return. In South Africa, inflation has historically been between 4% and 6%, so you’d actually be going backwards every year.”

Your house is not a retirement plan

“A lot of people make the mistake of thinking of their house as a retirement plan,” says Frost. She cautions against this kind of thinking, explaining that you will always need somewhere to live and therefore that capital will be tied up in a physical asset that you live in.

“Maybe you think you could sell your house and downscale, but that’s still going to cost you money… you’re not going to realise all that capital; you’re going to have to use some of it for where you’re going to live. And in our experience, there are very few clients who have actually been able to invest money from downscaling… as for the rest, they spend exactly what they sell for.

“When you downscale, there are also moving costs and capital gains tax and agent’s fees, and there are possibly new pieces of furniture you might have to buy for your new home. There are all these extra costs that one might not think about.

“A big pitfall is thinking that one’s house is their retirement plan – it’s not. Your home is not your investment. You’re always going to need that capital on a home,” says Frost.

To illustrate her point, she says a homeowner might imagine that they could sell their property for five million and buy another for three million, “so they think they’re going to realise two million, but after capital gains tax, agency and moving costs, they may only see a number closer to one million.”

Even for those who might own property with potential for rental income, she warns against depending entirely on that, as unforeseen events such as the pandemic could affect a regular rental income.

Frost said “if that’s the only thing you’ve invested in, you’ve also got all your eggs in one basket. You’re 100% in South Africa and 100% in residential property. You haven’t diversified your investment portfolio, which is highly risky.”

Benefits of delaying retirement by a few more years

“You’ve got to start somewhere, and if you’ve left it too late, accept that you’re not going to start on Day One with exactly what you can afford to save… it’s going to take time. It might require you working two jobs,” says Frost.

“It might even require you working until 70 instead of 65. That makes a huge difference to people’s retirement accounts.”

She explains that delaying retirement by five years means that you’re spending five years less from your savings, and therefore have five years more to save: “So it’s actually like a 10-year benefit by delaying retirement by five years. It has a huge and even bigger impact than your investment return when the time horizon is so short.

“So if you can delay retirement and if you can get another job just to boost savings, it will make an enormous difference.”

However, even with all of that, she strongly advises that one finds a financial planner to kick off the process: “Just verbalising and setting down goals increases the probability of achieving them.” DM/ML

Does a beneficiary nomination take precedence over the last registered will?

Where the deceased has nominated a beneficiary on their policy, the proceeds of that policy will be paid out directly to that person.

Does a beneficiary nomination take precedence over the last registered will if the beneficiary is married out of community of property? This is a second marriage for both parties and both have young children.

Gareth Collier
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Thank you for your question. Beneficiary nomination is an important part of the estate planning process and can be used to achieve a number of purposes such as creating liquidity in your deceased estate or providing your loved ones with access to capital in the aftermath of your death.

However, many people are unclear about how beneficiary nomination actually works, particularly in relation to a person’s will. In the context of this question, we have assumed that you are referring to a domestic life insurance policy.

Firstly, it is important to know that the proceeds of a domestic life policy are considered ‘deemed property’ in the deceased’s estate.

Deemed property is essentially any property that did not exist at the date of death, but which comes into existence as a result of that person’s death, such as in the case of life assurance policies where the proceeds are paid out on the event of death. If the deceased did not nominate a beneficiary on the policy, the insurance company will pay out the proceeds directly to their estate and the proceeds will form part of the estate.

Where the deceased has nominated a beneficiary on their policy, the proceeds of that policy will be paid out directly to that person when they die and will not form part of the deceased estate for distribution in terms of the will.

However, the value of the proceeds will be (subject to a few exceptions, such as in the case of company-owned policies) taken into account for estate duty calculation purposes.

As such, where the deceased has nominated a beneficiary to their policy, no mention of the policy should be made in the deceased’s will as the proceeds fall outside of the deceased’s estate.

You have mentioned that the beneficiary of the policy is married out of community of property, and we have assumed that the accrual system is included. When the insured person passes on, the proceeds will be paid directly to the nominated beneficiary and will form part of their separate estate. In the event that the marriage dissolves either through death or divorce, the funds will be included for the purposes of calculating the accrual.

If you have not had an estate plan drafted, we strongly advise that you do so to ensure that you and your loved ones are adequately provided for in the event of a tragedy.