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Retrenchments & Tax Directives

With many Companies downsizing right now during these tough times, we’ve had many queries regarding Retrenchment & which Tax Directives to apply for.  We’ve broken them all down for you below so that your employees can get the maximum benefit when processing their final paylips.

 

If you’re a company that’s retrenching employees that have been employed for many years, and you’re offering a retrenchment package, it means employees will receive a rather substantial severance amount on their last day.

 

The money they receive is taxable. But as substantially larger or abnormal amounts compared to their normal pay cheques, they may find themselves paying over too much tax if charged at the standard income tax rates. This is because the standard income tax rates are calculated by adding the presented amount to any other income they may earn and then aggregated out to an annual amount. In other words, it’s assumed that this amount will be the amount they’ll earn each month for the tax year, which isn’t the case. In these instances, and a select few others, it’s worthwhile to consider applying for a tax directive from SARS to help ease the tax calculation and payment.

 

 

What is a Tax Directive from SARS?

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A tax directive is simply an official instruction from SARS to the employer or fund manager to deduct tax at a set rate, determined by SARS for an individual case, and not the general income tax rates. This directive ensures employees pay a fair rate of tax on their earnings, most importantly for larger or irregular payments. There are several types of tax directives available based on the purpose and the type of income earned. Let's take a look at these now.

 

 

1. Gratuities Tax Directive - The IRP3(a)

The gratuities tax directive is used when a company makes a payment to an employee, or their dependents, in the case of:

  • Death

  • Retirement

  • Early retirement due to ill health

  • Retrenchment / severance package

  • Shares or Other payments such as leave pay cash out

 

2. Fixed Percentage Directive – The IRP3(b)

The fixed percentage directive is issued to commission earners and personal service companies and trusts, instructing tax to be deducted at a pre-determined set rate each month, irrespective of amount earned. This is beneficial when earnings fluctuate from month to month. A set fixed percentage will help to ‘normalise’ tax payments across the full tax period and may alleviate a hefty tax liability at the end of a tax year.

 

3. Fixed Amount Directive – The IRP3(c)

The fixed amount directive applies to sole proprietors who’ve been assessed to be running at a loss or taxpayers experiencing financial hardship due to extenuating circumstances beyond their control.

 

The SARS definition of financial hardship is: “Inability to meet minimum living standards / depriving the tax payer of the ability to maintain minimum living expenses if ignored / or extraordinary circumstances beyond Taxpayer’s control.”

 

It should be remembered that SARS has the final decision with regards to what is deemed to be hardship and cases are reviewed on an individual basis to determine whether the taxpayer qualifies for a tax directive under these circumstances.

 

4. Deemed Remuneration Tax Directive – The IRP3(d)

This directive is issued to instruct a company the remuneration amount (which may differ from actual remuneration amount) to be used to calculate tax liability for:

  • An employee assessed as under financial hardship, or

  • The director of a company where the formula for tax liability on remuneration isn’t complete, due to remuneration information for the preceding year of assessment being undetermined.

 

5. Form AD Tax Directive – Provident or Pension Fund Lump Sum Withdrawal

The Form AD directive is issued when a taxpayer withdraws a lump sum from a provident or pension fund due to:

  • Death

  • Retirement (including retirement due to ill health)

  • Provident fund - deemed retirement

 

6. Form B Tax Directive – Provident or Pension Fund Lump Sum Payment

The Form B directive is used when a lump sum needs to be paid by a provident or pension fund for:

  • Resignation or retrenchment

  • Withdrawal from fund

  • Winding up (fund closing)

  • Transfer

  • Future surplus

  • Unclaimed benefit

  • Transfer of a lump sum in the case of a divorce

  • Divorce settlement for a spouse (who is or isn’t a member of the fund)

  • Housing loan

 

7. Form C Tax Directive – Retirement Annuity Fund Lump Sum Payment

The Form C directive is used when a Retirement Annuity Fund needs to make a payment to a member, this will be in the case of:

  • Death before retirement

  • Retirement due to ill health

  • Transfer from one retirement annuity fund to another

  • Unclaimed benefits

  • Discontinued contributions

  • Future surplus

  • Divorce transfer

  • Divorce settlement for a spouse (who is or isn’t a member of the fund)

  • Emigration

 

You can apply for Tax Directive on www.sarsefiling.co.za

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