Category Archives: Tax

“Internet explorer is the safest browser” SARS*

You know that SARS is really in a mess when they still insist that Internet Explorer is the “safest” browser. It is also the only browser in which their efiling application functions correctly. How is this possible in 2017? Continue reading “Internet explorer is the safest browser” SARS*

Official logo of the South African Revenue Services (SARS)

SARS still employing delaying tactics

The tax ombudsman recently made damning findings about SARS unreasonably delaying paying refunds. SARS, of course, denied that there is anything malicious in this. However, experience seems to show that they are still very much applying stalling tactics in their desperate search for funds.  Continue reading SARS still employing delaying tactics

Not treating customers fairly – SARS!

Something seriously dodgy is happening at SARS – just had the 3rd case of them rejecting an RA tax certificate as proof of contribution to an RA. They are insisting on proof of contributions (since inception). Shouldn’t be too difficult to obtain but so much additional work – and on what legal grounds?

Worse still is that they have applied the same ruling to pension and provident fund contributions and are insisting on proof of contributions to the fund – not that easy to get! And more costs to the tax payer.

And in a separate ruling, they went back to a 2014 tax return and outright declined the RA deduction – no reasons given and penalties imposed for underpayment of tax and outstanding interest. The call centre was clueless and the only possible reason they could offer was that the contribution was “too large”. Insanity! So it’s an objection and lots more cost to the client (who will win this one).

UT or share portfolio

There are many with strong opinions about the merits of a share portfolio versus a unit trust portfolio. Here’s another one (strong opinion) in favour of a unit trust portfolio.
Continue reading UT or share portfolio

SARS – touching lives negatively

Just received a revised assessment from SARS for a client for the 2014 tax year, disallowing her retirement annuity contribution and thus resulting in a revised assessment and penalties!!!
Continue reading SARS – touching lives negatively

The value of advice?

Much has been written about the value of financial advice. There are many people who believe that financial planners offer little value for the fees charged while there are others who believe that the value financial planners add is very significant.
Research by Morningstar has revealed that the value of advice (they call it “gamma”) can be as much as 3% (of the client’s portfolio) per annum. This is, among other things, a result of managing investor behaviour and greater tax efficiency for the advised client.
We have more than a few clients who prefer to manage their own funds with no on-going advice fees and who will then consult with us from time to time when they think it necessary. And while this may seem to save them an “annual advice fee”, in my experience, it has almost always cost them significantly more than the fee that they would have paid as an “advised” client. Consider the following example from our practice.
The client retired a few years back and transferred his funds to a living annuity – he met with us around the income draw, asset allocation and resulting fund selection and has been looking after it on his own since then. He has been drawing the minimum income (as a result of some consulting that he was doing) until the anniversary earlier this year when the consulting stopped and he needed to increase the annuity. Which he did – without consulting us and without any thought to the tax consequences.
He did not consider that he had a discretionary pot of money from which he could effectively draw (close to) tax-free income. The result is that he is now paying at least R100k in tax that he need not be paying. This is R100k that we would have saved him if he had been an advised client (or if he had at very least sought advice before making the change). The R100k is certainly many times the quantum of the annual fee that we would have been paying. And he is currently staring at an estate duty problem because of the choice to increase the annuity income draw and leave the discretionary assets in his estate.
Add to this the fact that he recently switched funds – “the funds had done nothing for the past few years” and so he made the change. The move was at exactly the wrong time and his asset allocation is now also out of kilter (way too much offshore exposure for a living annuity with a 5% draw). The annual fund fees that he is paying is also way too high – he had “no idea that was an issue”.
Clearly in this case, the value of advice would have been way less than the cost to his portfolio. But then, perhaps we have ourselves to blame. If all clients think we do is choose funds then why would you pay (a significant) ongoing fee for that?
We need to make sure that clients fully understand that asset allocation is but one part of the value-add from a professional financial planning service. There is so much more to the financial planning service, but they wont know that if we don’t tell them and more importantly, if we don’t demonstrate it.

 

 

RA’s still make so much sense

I must admit to feeling quite deflated post the budget speech – kind of feels like we are just getting squeezed even more and that there is little motive to working hard and attempting to save when in reality we are just being taxed more and more and are given little incentive to save (R33000 into a tax-free savings account is not going to get you anywhere meaningful).

Dividend tax has gone up by 33% (15 to 20%) , capital gains tax has gone up for the maximum marginal tax payers and there was also no increase in the maximum tax deductible contribution to retirement saving – it is still capped at R350k per annum.

And then I got to thinking about the tax advantages of using RA’s and of even over-contributing to one where there is no tax relief on the contribution. Think about it…

  • You will get tax free growth on the investment – there is no tax on interest, no dividend taxes and no capital gains tax in the RA.
  • Any contributions where there has been no tax relief roll over to the following year or to retirement when you can take them out tax-free. This can either be as a lump sum (tax-free) or as income via your living annuity. I know that this is currently a bit of a process as SARS’s systems cant deal with it so you end up getting a tax refund not tax-free income. But if you take it out as a tax-free lump sum you could then invest it into some UT funds and draw income from it by way of sale of units. This would allow you to reduce the income draw on your annuity (which is taxable) by supplementing it with income from your UT portfolio (which would be close to tax-free income).
  • If you were to die with excess contributions in your RA then currently they would still form part of your estate but your beneficiaries could take them out as a tax-free lump sum.

So maybe there was little in the way of incentive to encourage people to save but with a little bit of thought we can make use of the prevailing tax laws to maximise retirement saving and find the light at the end of the tunnel.

I’m off to do another RA top-up!