National Budget 2019/20 - Alexander Forbes

Page created by Loretta Watson
 
CONTINUE READING
National Budget 2019/20 - Alexander Forbes
National
Budget
2019/20
National Budget 2019/20
The first Budget speech of the new Minister of Finance, Tito Mboweni, was delivered in parliament
on 20 February 2019 in an election year. This was against a backdrop of recent load shedding by
Eskom; the Zondo Commission of Enquiry; the policy of expropriation of land without
compensation; low economic growth and poor market performance.

Domestic, political and policy uncertainties reduced consumer and business confidence, which
weakened economic activity and introduced financial markets volatility.

The Minister announced in his speech that Budget 2019 was founded on the following six
fundamental principles:

   1.   Achieving a high rate of economic growth
   2.   Increasing tax collection
   3.   Reasonable affordable expenditure
   4.   Stabilising and reducing debt
   5.   Reconfiguring State owned enterprises
   6.   Managing the public sector wage bill

It was noted in the Budget Review that the economy’s performance continues to weigh heavily on
tax revenues. The 2018 Medium Term Budget Policy Statement (MTBPS) projected a 2019/20
revenue shortfall of R27.4 billion compared with the estimate published in the 2018
Budget. This shortfall is now R42.8 billion. Economic weakness has fed through to lower personal
income tax and corporate income tax receipts. Administrative weaknesses in collection were a
contributing factor to the shortfall. Total tax collections for 2019/20 are estimated to be R1.3 trillion.

The large tax revenue shortfall and new expenditure pressures require further tax policy and
spending interventions. In the context of economic weakness, the 2019 Budget tax proposals are
designed to minimise the negative impact on growth. Over the medium term, tax policy adjustments
will be made as needed to strengthen fiscal consolidation.

The 2019 proposals are estimated to raise tax revenue by R15 billion in 2019/20. Further tax
changes to be announced in the 2020 Budget are proposed to raise an additional R10 billion in
20/21.

Arising from these challenges, the Minister had very little room to provide tax relief to taxpayers
who would have appreciated the few extra Rands in their pockets. In real terms, individuals will be
paying more tax than in the previous year.

This publication concentrates on the tax proposals of interest to financial advisers and their clients
and not an economic overview .However, this year there’s very little to report on in relation to the
personal financial planning needs of individuals.

There are many tax proposals which will not be dealt with in this publication because they don’t
directly affect financial advisers in their personal financial planning advice to clients.

National Budget 2019/20                                                                            Page 1
Budget 2019 will be remembered for the following tax proposals and facts.

             The Primary rebate is increased to R14 220; the Secondary rebate is increased to R7 794;
              and the Tertiary rebate is increased to R 2 601.
             This is an increase of 1.1 per cent, providing only a small amount of relief for inflation.
             The tax free threshold for personal income taxes is increased to R79 000 for persons under
              age 65; to R122 300 for persons age 65 to 74; and to R136 750 for persons age 75 and
              over.
             Personal income tax brackets will remain unchanged and will not be adjusted for inflation.
              This is expected to raise R12.8 billion in revenue as individuals with an inflationary
              increase in their taxable income face a larger tax burden.
              .
             Increasing the fuel levy by 29 cents a litre.
              5 cents a litre increase in the Road Accident Fund (RAF) levy and the introduction of a
              carbon tax on fuel of 9 cents a litre
             Increasing excise duties on alcohol and tobacco products by between 7.4 percent and 9
              percent, respectively.
             Increasing the eligible income bands for the employment tax incentive.
             Tax measures for the 2019 Budget are designed to raise an estimated R15 billion in
              additional revenue.
             Direct taxes are proposed to raise R13 800 billion
             No adjustment was made to the medical tax credit.
             Partial bracket creep for personal income tax gave back only 1.1 percent.
             Revenue collection has deteriorated since the 2018 MTBPS. Compared with the 2018
              budget estimate, the projected revenue shortfall for 2019/20 is R42.8 billion, considerably
              higher than the revised estimate of R27.4 billion published in the 2018 MTBPS.
             Domestic VAT also performed as expected after the increase in the VAT rate. However, net
              VAT collections have been considerably lower since October when South African
              Revenue Services (SARS) accelerated payments of VAT refunds.

    A.       Personal income tax
             1.   Personal tax tables for individuals and special trusts 2019/20

                  The personal Income Tax tables for 2019/20 have remained the
                  same as in the previous year

                  Tax 2019/20

                       Taxable income (R’s)            Rates of tax

                       R0–R195 850                     18% of each R1

                       R195 851 –R305 850              R35 253 + 26% of the amount above R195 850

                       R305 851–R423 300               R63 853+ 31% of the amount above R305 850

                       R423 301–R555 600               R100 263 + 36% of the amount above R423 300

                       R555 60-R708 310                R147 891+ 39% of the amount above R555 310

                       R708 311-R 1 500 000            R207 448 + 41 % of the amount above R708 310

                       R1 500 001 and above            R532 041+ 45% of the amount above R1 500 000

                  Comment: Government proposes a small increase in personal income tax rebates
                  with no inflationary adjustments to the tax brackets and no inflationary increase in
                  medical tax credits.

    National Budget 2019/20                                                                       Page 2
2.    Rebates
           The table below reflects the proposed tax rebates for individuals.

            Tax rebates

                                                 2018/19 tax year             2019/20 tax year

              Primary rebate                     R14 067                      R14 220

              Secondary rebate                   R 7 713                      R 7 794
              (applicable to taxpayers
              aged 65 to 74)

              Tertiary rebate                    R2 574                       R2 601
              (applicable to taxpayers
              aged 75 and older)

     3.    Tax thresholds
           The increased threshold for individuals not liable for personal income tax is set out in
           the table below.

            Tax thresholds

                                             2018/19 tax year               2019/20 tax year

              Below age 65                   R78 150                        R 79 000

              Age 65 to 74                   R121 000                       R 122 300

              Age 75 and over                R135 300                       R 136 750

     4.    The tables below illustrate the tax savings for individuals (younger
           than age 65)

              Taxable            Tax               Tax               Tax                Tax reduction
              income (R)         payable           payable           reduction          (%)
                                 2018 / 19         2019/20           (R)

              400 000            78 972            78 819            -153               - 0.19%
              500 000            113 807           113 654           -153               - 0.13%
              750 000            210 473           210 320           -153                -0.07%
              1 000 000          312 973           312 820           -153                -0.05%
              1 500 000          517 973           517 820           -153               - 0.03%
                                                                     -
                                                                     -

National Budget 2019/20                                                                        Page 3
Individuals (Age 65 - 74)

     Taxable income       Tax payable          Tax payable         Tax reduction        Tax reduction
     (R)                  2018/19              2019/20             (R)                  (%)

     400 000              71 259               71 025              -234                 -0.33%
     500 000              106 094              105 860             -234                 -0.22%
     750 000              202 760              202 526             -234                 -0.12%
     1 000 000            305 260              305 026             -234                 -0.08%
     1 500 000            510 260              510 026             -234                 -0.05%

Individuals Age 75 and over

     Taxable income             Tax payable              Tax payable                Tax reduction
     (R)                        2018/19                  2019/20                    (R)

     400 000                    68 685                   68 424                     -261
     500 000                    103 520                  103 259                    -261
     750 000                    200 186                  199 925                    -261
     1 000 000                  302 686                  302 425                    -261
     1 500 000                  507 686                  507 425                    -261

Comment: The Primary, Secondary and Tertiary rebates will be increased by
1.1 percent, providing a small amount of relief for inflation. The change in the rebate will increase
the tax-free threshold from R78 150 to R79 000. Personal income tax brackets, however, will
remain unchanged and will not be adjusted for inflation. This is expected to raise R12.8 billion in
revenue as individuals with an inflationary increase in their taxable income face a larger tax
burden.

B.     VAT
       There was no increase in the VAT rate from the current 15%. To mitigate the effects of this
       increase on low-income households, the 2018 MTBPS announced that the list of zero-
       rated items, where VAT is charged at 0 per cent, would be expanded. From 1 April 2019.
       The list will include white bread flour, cake flour and sanitary pads.

C.     Update on Carbon Taxes
       The carbon tax will be implemented on 1 June 2019. It gives effect to the polluter-pays
       principle, prices greenhouse gas emissions and aims to ensure that businesses and
       households take these costs into account in their production, consumption and
       investment decisions. The tax will assist in reducing emissions and ensuring South Africa
       meets its commitments under the 2015 Paris Climate Agreement. It will be reviewed after
       three years.

       SARS and the Department of Environmental Affairs will jointly administer the carbon tax.
       To ensure a smooth administration, SARS will publish draft rules for consultation by March
       2019.

D.     The estate duty rate
       There were no changes in the 2019 Budget.

       With effect from 1 March 2018, the estate duty rate was increased from 20% to 25% for
       estates worth R 30 million and more. To limit the staggering of donations to avoid the higher
       estate duty rate, any donations above R30 million in one tax year are also taxed at 25%.

National Budget 2019/20                                                                          Page 4
E.   Capital gains tax (CGT)
     There were no changes announced to the taxation of capital gains.

     The capital gains tax inclusion rates remain as follows:-
     Individuals: The maximum effective capital gains tax rate for individuals remains 18%.
      Companies: This remains the same at an effective rate of 22.4%.
      Trusts: The effective rate applicable to trusts remains at 36%.
      Special trusts: The maximum effective rate applicable to special trusts remains at 18%.

F.   Interest exemption
     The interest rate exemptions will not be adjusted for inflation.

     Individuals will be encouraged to invest in the new tax-free savings accounts instead. In the
     circumstances the threshold at which tax is paid on interest income remains the same.

        Interest exemption for individuals 2019/20

        Under age 65                       R23 800

        Age 65 and over                    R34 500

G. Tax-free savings accounts
     There was no adjustment to the annual tax free contribution to a tax-free savings account
     which remains at R33 000 per year. There is also no adjustment to the lifetime allowance of
     R500 000.

H.   Transfer duty
     No changes to transfer duty rates were announced which remain as set out below:

        Property value (R)                 2019/20
                                           Rates of tax

        R0–R900 000                        0% of property value

        R900 001–R1 250 000                3% of property value above R900 000

        R1 250 001–R1 750 000              R10 500 + 6% on the property value above
                                           R1 250 000

        R1 750 001–R2 250 000              R40 500 + 8% on the property value above R1 750 000

        R2 250 001–R10 000 000             R80 500 + 11% on the property value above R2 250 000

        R10 000 001 and above              R933 000 + 13% on the property value exceeding
                                           R10 000 000

I.   Medical tax credits
     There’ll be no change in the monthly medical tax credit for medical scheme contributions.

National Budget 2019/20                                                                     Page 5
The 2018 Budget Review announced that medical tax credits would be increased below
     the rate of inflation over a three-year period to help fund the rollout of National Health
     Insurance to generate additional revenue of R1 billion in 2019/20. However, this was not
     adhered to in this budget.

     Monthly medical tax credits for all taxpayers

                                          2018/19                         2019/20

       Member                             R310                            R310

       First beneficiary                  R310                            R310

       Additional beneficiaries           R209                            R209

       Family of four                     R1038                           R1038

       Family of four annual credit       R12 456                         R12 456

J.   Social security
     The social security grants are increased as follows

                                         2018/19                          2019/20

      Disability and old age grants      R1 690 on 1 April 2018 and       R1 780
                                         by a further R10 on 1 October    ( R80 increase)
                                         2018 to R1700

      Over 75                            R1715                            R1795
                                                                          (R80 Increase)

      Foster care                        R960                             R1000

      Child support grant                R400 on 1 April 2018 and         To R420 in April and
                                         R410 on 1 October 2018           R430 in October

National Budget 2019/20                                                                    Page 6
K.   Indirect taxes

      Fuel levies                           Will increase by 29 cents a litre for petrol and 30 cents
                                            for diesel.

      Carbon tax                            From 5 June 2019, a carbon tax of 9 cents a litre on
                                            petrol and 10 cents a litre on diesel will become
                                            effective.

      Sparkling wine                        Duty
      Sorghum                               R10.16 (up 84 cents)
      Whisky                                No change
      Wine                                  R65.84 (up R4.54)
      Beer                                  R3.15 (up 22 cents)
                                            R1.74 (up 12 cents)

      Cigarettes 20                         R16.66 (up R1.14)
      Cigars                                R7.80 (up 64 cents)

      Sugar taxes                           The levy rate will increase to 2.21 cents a gram in
                                            excess of 4 grams of sugar for 100ml from 1 April 2019

      Road Accident Fund                    Up by 5 cents a litre from 3 April 2019.

      Gambling Tax                          Proposed legislation in 2019

L.   Dividend withholding tax
     No changes to the dividend withholding tax rate were announced which remains at 20%.

Additional tax amendments to be expected
during the 2019/20 year of assessment.
M. Individuals (local and international), employment and savings
     1.      Employment Tax Incentive

             The employment tax incentive was introduced on 1 January 2014 to share the cost of
             hiring young, inexperienced workers between employers and government. The
             incentive was reviewed and extended in 2016 and 2018. The most recent review
             found that the incentive’s positive benefits are more pronounced in small firms.

             In 2018, government extended the employment tax incentive by 10 years. In addition,
             the eligible income bands will be adjusted upwards to partially cater for inflation. From 1
             March 2019, employers will be able to claim the maximum value of R1 000 per month
             for employees earning up to R4 500 monthly, up from R4 000 previously. The
             incentive value will taper to zero at the maximum monthly income of R6 500.

          2. Increase in health promotions Levy (sugar tax)

             The health promotion levy was implemented on 1 April 2018. It applies to beverages
             with more than 4 grams of sugar content for every 100ml. A tax of 2.1 cents a gram
             is applied for every gram of sugar beyond the first 4 grams, which are levy-free.
             To avoid an erosion in the value of the tax due to inflation, the levy rate will increase
             to 2.21 cents a gram in excess of 4 grams of sugar for every 100ml from 1 April 2019.

National Budget 2019/20                                                                         Page 7
3. Combating tax base erosion

            South Africa is committed to following best practice in combating base erosion and
            profit shifting. Domestic legislation is already aligned with some measures
            recommended by the framework, such as limiting double deductions. Although
            South Africa has measures in place to curb excessive debt financing, which erodes the
            tax base, government is reviewing these rules against best practice. It’s important to
            strike a balance between attracting capital and investment, and adequately protecting
            the corporate tax base.

       4. Refining the foreign employment income tax exemption for South African
          residents

            From 1 March 2020, South African residents who spend more than 183 days in
            employment outside the country will be subject to South African taxation on any
            foreign employment income that exceeds R1 million. To prevent monthly withholding
            of income tax both in South Africa and the host country, it’s proposed that South
            African employers be allowed to reduce their monthly local pay-as-you-earn (PAYE)
            withholding by the amount of foreign taxes withheld on the employment income.
            Before implementation, a workshop will be held to consult taxpayers on their
            administrative concerns. Any resulting amendments will be processed during the 2019
            legislative cycle.

       5. Extending the scope of amounts constituting variable remuneration

            Section 7B was introduced in the Income Tax Act to match the timing between the
            accrual and payment dates of some forms of variable cash remuneration such as
            overtime pay, allowances and bonuses. Section 7B deems certain amounts to accrue
            when they are actually paid. It’s intended to include other qualifying payments in this
            section.

       6. Ad valorem excise duty on motor vehicles

            Because of the way ad valorem excise duty is calculated, vehicles produced locally are
            taxed at a higher rate than imported vehicles. To remove this anomaly, government
            proposes to align the tax treatment

N.   Retirement reforms
       1.   Exemption relating to annuities in a provident or provident preservation fund
            (section 10C)

             When a member of a retirement fund retires and receives an annuity as a
              retirement benefit, any contributions to the retirement fund that did not qualify for a
              deduction, are tax-exempt to the extent of the annuity received in that tax year.
             This exemption does not apply to annuities received from a provident or provident
              preservation fund.
             To encourage annuitisation, it’s proposed that this exemption be extended to
              provident and provident preservation fund members who receive annuities.
             The exemption will apply for contributions made after 1 March 2016.

            Comment: The IRFA has been strongly proposing this and we are pleased to see that
            their submission has been accepted.

       2.   Tax treatment of bulk payments to former members of closed funds

            Retirement funds are permitted to make certain extraordinary payments to their
            members’ tax free, provided that these payments are approved by the Minister of
            Finance in a Government Gazette notice.

National Budget 2019/20                                                                        Page 8
In 2009, the Minister of Finance issued a notice in Government Gazette No. 32005
            approving retirement funds to make tax-free payments of “secret profits”, “surplus
            calculations” and “unclaimed benefits”.

            When the notice was issued, some deregistered retirement funds had already paid
            fund administrators, but the amounts were not yet paid to the affected members
            and/or beneficiaries.

            It’s proposed that these payments currently held by fund administrators on behalf of
            deregistered retirement funds qualify as tax-free payments, provided they meet the
            relevant criteria. We’ll have to wait to see what the proposed criteria are.

       3.   Reviewing the tax treatment of surviving spouse pensions

            Upon the death of a fund member, the surviving spouse may be entitled to receive a
            monthly spousal pension from the retirement fund. These spousal pension payments
            are subject to PAYE by the retirement fund.

            If the surviving spouse also receives a salary or other income, it’s added to the
            spousal pension to determine his or her correct tax liability on assessment. The
            result of the assessment is often that the surviving spouse has a tax liability that
            exceeds the employees’ tax withheld by the employer and retirement funds during
            the year of assessment, since the aggregation of income pushes them into a higher
            tax bracket. In most cases, the surviving spouse doesn’t foresee the additional tax
            liability and doesn’t save money to settle the liability. This creates a cash flow burden
            and a tax debt for the surviving spouse. It is proposed that:

             Surviving spouses are provided with effective communication relating to tax and
              financial issues
             The monthly spousal pension be subject to PAYE withholding at a specified flat rate
             Tax rebates should not be taken into account in the calculation of spousal pensions.

            Any PAYE excessively withheld as a result of this proposal will be refunded upon
            assessment.

            Comment: This needs to be considered as it could affect cash flow for a surviving
            spouse who does not have income from employments and cause the spouse to have
            to submit a tax return which might only be required in order to be refunded with the
            rebate.

       4.   Reviewing the non-resident employer registration requirement

            Every employer that pays remuneration is required to register with SARS for PAYE. If
            the employer isn’t a resident of South Africa this requirement applies irrespective of
            whether the employer is obliged to withhold PAYE. It’s proposed that this
            requirement be reviewed to determine whether an exclusion from registration is
            warranted for this type of employer.

O. Long-term insurers, short-term insurers and collective
   investment schemes
       1.   Study on the Tax treatment of amounts received by Portfolios of Collective
            Investment Schemes

            In 2009, the Income Tax Act was amended to provide for profits of collective
            investment schemes to be taxable in the portfolio of a collective investment scheme
            unless they are distributed to participatory interest holders within 12 months of
            accrual, unless they were of a capital nature.

National Budget 2019/20                                                                       Page 9
It was noted that some collective investment schemes are trading frequently and
              National Treasury was considering treating the profits as income instead of capital.
              This was extremely controversial and National Treasury was engaged by Industry
              Committees to reconsider this. Many reasons were advanced.

              After reviewing the public comments on this draft, government decided that more time
              is needed for it to work with industry to find solutions that will not negatively affect the
              relevant groups. This study is proposed for the 2019 legislative cycle.

         2.   REITS

               The regulation and tax treatment of unlisted REITs that are widely held or held by
                institutional investors will be explored.
               Government will be reviewing the efficacy of the current REIT regime to iron out
                inconsistencies.

         3.   Refining taxation of risk policy funds

              In 2016 risk policy funds were introduced to tax long-term insurers. Certain
              administrative burdens will be eased where annuities are paid from a risk policy fund.

Conclusion
While it was not unexpected, individuals who are feeling the brunt of the high cost of living and
inflationary pressures, will be disappointed that there were not greater tax savings to be had in this
Budget. In real terms they will be poorer in the 2019/20 year due to the burden of fiscal drag on their
earnings.

The Minister noted that “it is time for us to sow the seeds of renewal and growth.”

We hope that this time next year we’ll be able to bring you news of a Budget which shows the signs
of an economy which has indeed “sowed the seeds of renewal and growth”.

All in all, South Africans will have to tighten their belts again this year as we have not been
compensated for fiscal drag.

But there is a spirit of hope in the country that the future will be better.

Jenny Gordon
Head: Retail Legal
Group Legal Services

   Disclaimer: Please note that while care has been taken to ensure that the information provided in this
   publication is correct, it represents an overview of the topic under discussion and as such does not
   constitute advice. While Alexander Forbes has taken reasonable effort to ensure that the information
   contained herein is true and correct it will not be held liable in respect of any loss arising from any advice
   provided arising out of the contents of this circular. We suggest that you contact your Legal department
   before taking any decisions based on the information herein.

National Budget 2019/20                                                                                  Page 10
You can also read