Cape Argus

New bills are passed, but no relief for taxpayers

More pain on horizon with bracket creep

- THOMAS LOBBAN, JEAN DU TOIT AND JONTY LEON Thomas Lobban, Jean du Toit and Jonty Leon are from Tax Consulting SA.

ON NOVEMBER 26, the National Assembly passed tax bills that are set to be promulgate­d by the president after they have been passed by the National Council of Provinces.

On the face of it, some concession­s have been made for individual taxpayers, but these offer cold comfort in the bigger scheme of things.

Before we look at the profound implicatio­ns, it is important to note the following amendments:

◆ The tax exemption of excess contributi­on amounts paid by taxpayers in respect of retirement annuities received by them will, from March 1 next year, extend to annuities received from provident funds and provident preservati­on funds as well.

◆ The ordinary rebates available to taxpayers who receive a pension in respect of a deceased spouse will no longer be taken into account when tax is withheld on these amounts, from March 1, 2021.

◆ Previously, the transfer of one’s retirement interest from a pension fund to provident fund or provident preservati­on fund was non-taxable from March 1 this year, but will now be retrospect­ively treated as a taxable event, potentiall­y placing these taxpayers in a non-compliant position.

◆ Section 12J of the Income Tax Act provides a tax deduction to taxpayers, in proportion to their investment in qualifying venture capital companies, which is intended to promote economic growth. However, this will now be subject to a maximum allowable investment of R2.5 million for individual­s, which means more cashin-hand for the government.

At first glance, it appears that there are no profound amendments to the Income Tax Act or the Tax Administra­tion Act that would raid the pockets of taxpayers, to generate additional revenue. This is peculiar, because the budget deficit is a massive elephant in a room with grim economic prospects and a pending junk credit rating.

However, taxpayers must not be fooled. In the current economic climate and with the SA Revenue Service far behind on collection, it was unlikely that the 2019 legislativ­e cycle would not have been put to good use to drum up some more money.

The government is smart enough to understand that big changes cause controvers­y, as we have seen with the increase in the rate of value-added tax or the amendment to the exemption on foreign employment income.

With no such amendments, were taxpayers really given a tax break in light of the current economic landscape?

In truth, the biggest change by far is not a change at all, nor is it found in the Income Tax Act or Tax Administra­tion Act. The Rates and Monetary Amounts and Amendment of Revenue Laws Act of 2019 proposes no amendment to the tax brackets that prescribe the rates of tax applicable to individual taxpayers.

In a country with a relatively high inflation rate, this is a problem, since the salaries of employees generally increase in line with inflation. Where the tax brackets do not increase correspond­ingly, this results in so-called “bracket creep”.

In real terms, while this means that individual­s are technicall­y earning more, they are actually taking home less pay each month compared with the previous year. In fact, in many cases, taxpayers may be pushed into a higher tax bracket. The upshot is the taxpayer’s pay increase is wiped out by additional taxes.

It should also be mentioned that this is the second year in a row that the tax brackets have not been increased, which means that taxpayers will need to further reduce their cost of living for another year to make ends meet.

While this will not necessaril­y affect the lower income earners, it will certainly have a significan­t impact on the already overburden­ed taxpayers in the middle- and higher-income brackets.

This also affects those who will be withdrawin­g lump sum benefits from their pension interest. In this case, the special tax rates applicable to these amounts also remain unchanged. This means that these people will be forced to enter into retirement with less cash available to defray their cost of living – a consequenc­e of bracket creep.

The long-term effect of these changes (or lack thereof) can only be determined over time.

This is an effective measure to generate revenue over the short term, but the question must be asked: how much financial constraint taxpayers are willing to take before it becomes unsustaina­ble and individual­s decide to leave South Africa?

We have already seen a massive jump in South Africans deciding to leave the tax net by formally noting their non-resident status by financiall­y emigrating from South Africa.

As it stands, the National Treasury is relying heavily on the higher earning segment of the individual tax base and measures like these forces the hand of taxpayers who are already contemplat­ing their departure.

Ultimately, we lose important taxpayers and their descendant­s to the tax base permanentl­y, which leads to less revenue for the government.

Cunning as it may be, it would seem that government’s band aid is a temporary fix that will exacerbate a far larger problem.

 ?? NHLANHLA PHILLIPS African News Agency (ANA) ?? IN THE CURRENT economic climate and with the SA Revenue Service far behind on collection, it was unlikely that the 2019 legislativ­e cycle would not have been put to good use to drum up more money. |
NHLANHLA PHILLIPS African News Agency (ANA) IN THE CURRENT economic climate and with the SA Revenue Service far behind on collection, it was unlikely that the 2019 legislativ­e cycle would not have been put to good use to drum up more money. |

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