Medium Term Budget Statement – Tax Essentials Synopsis

  • The first automatic exchange of information between tax jurisdictions took place in September 2015. The system is aimed at assisting revenue authorities across the globe with combatting base erosion and profit shifting.
  • South African taxpayers who has been using offshore bank accounts to evade South African tax will be well advised to seek professional assistance in regularising their tax affairs as soon as possible.
  • Employment Tax Incentives in the amount of R3.9billion has been claimed by 36 000 employers for 250 000 employees.
  • While the sunset clause for the incentive currently remains at 1 January 2017, the take up appears good after a slow start on commencement of the incentive on 1 January 2014. We are yet to see whether or not the incentive will be extended. The report from the Davis Tax Committee on the role of incentives in corporate tax will no doubt have an impact on this decision.
  • The much anticipated draft carbon tax bill is expected to be released for comment in October 2015.
  • Increase in the VAT rate is still being considered as an option to fund key elements of the National Development Plan
  • With South Africa’s VAT rate being low relative to other tax jurisdictions, an increase in the VAT rate is, in our view, inevitable.   However, as stated by the Davis Tax Committee in its first interim VAT report, “an increase in VAT would have a greater negative impact on inequality than an increase in [personal income tax] and [corporate income tax]”(our insertion). Increases in corporate income tax has not been forthcoming (yet) while personal income taxes has already been increased by 1% across all top earning tax brackets.  The current delay in increasing the VAT rate could be argued to be politically motivated.
  • The Minister has requested further input from the Davis Tax Committee on wealth taxes
  • The Davis Tax Committee’s’ report on estate duty published in July 2015 proposes a few drastic measures which will, if accepted, change the basis on which trusts’ are taxed. The proposal that the flow through principles applicable to trust’s be removed and which will see trust income being subjected to tax at a flat rate of 41% has flared up heated debates across the country. It appears that the Minister has taken notice of this and this can indeed commended.

 

Figure 3.1 from Chapter 3 of the mid-term budget below indicates clearly the stark reality that tax revenues have not only not been restored to levels reached before the 2008/2009 recession, but is also in a downward trend at the moment. The forecast for increased revenue collection, whilst indeed based on increased economic growth, will no doubt place SARS under severe pressure to collect more. Taxpayers will be well advised to ensure their tax affairs are in order and that they are prepared for a more aggressive SARS than what we have come to known over past years.  

Figure 3.1

How to Hire a Financial Advisor Who Won’t Rip You Off

How to Hire a Financial Advisor Who Won’t Rip You Off

Let’s face it: as a general populace, we aren’t great at managing money. But it’s no wonder why: From taxes to investing to debt-busting, there’s a lot that goes into financial planning. And while we’re all for learning to do it yourself, there are a number of reasons you’d enlist the help of an advisor. Here’s when you might need one, where to find one, and how to make sure you pick one that meets your needs.

When Is It Time to Hire a Financial Advisor?

The basics of personal finance aren’t terribly difficult, and with a little research, you can master financial milestones like getting out of debt or even investing. But there are some specific instances in your life in which it might make sense to hire an advisor. Forbes outlines a few:

  • You’re recently married: You’ll probably have a lot of questions about merging accounts, responsibilities for the other person’s finances, communicating about money, filing taxes and so on. A financial advisor can lay down the basics and help you manage your finances as a married couple.
  • You’re starting a new business: Or freelancing. When I decided to leave a full-time job and work as a freelancer, talking to an advisor would’ve been smart. Rather than navigate the confusing maze of how taxes work on my own, a financial advisor could have talked me through it and saved me a lot of time and headache. When you decide on self-employment, whether it’s freelancing or launching a business, talking to a financial advisor is a good idea.
    Along those same lines, Forbes says it might make sense to talk to an advisor when you switch careers in general. They can help you prepare for the switch and stay afloat during the transition.
  • Your family has grown: If you become a parent, there are a lot of financial considerations to make. How will your taxes change? How do you start saving for college? Do you need an estate plan? A financial advisor can help you answer those questions and more.
  • You’re planning a big purchase: A house is probably the most common example. It’s a daunting process with a lot of little details to consider. An advisor can give you insight on the best place to park your savings or how to prepare for the mortgage process.
  • You’ve come into a big windfall: Maybe you’ve won or inherited a huge amount of money—more than you’ve ever had—and you have no idea how to start managing it.

These are some common milestones that prompt people to hire an advisor, but you may have your own reasons, unrelated to any major life event. Personal finance blog Money Under 30 explains:

In my opinion, there are three reasons to hire a financial advisor:

1. You feel “lost” in planning for your financial future; you need a roadmap.

2. You just don’t want to deal. When it comes to money, you’re not the DIY type, and you just want a professional to take care of it.

3. You like managing your money, but realize that your financial plan would benefit from an impartial and unemotional third-party opinion.

Again, it’s great to research and come up with your own financial plan, but an advisor can save you a lot of time and energy. Whether you feel lost, or the DIY approach is stressing you out, or you’re just really busy, there are plenty of valid reasons for finding help.

The Difference Between an Advisor, a Planner, and All Those Other Financial Pros

You’ve probably heard the term financial advisor and financial planner used in the same context, so what’s the difference between the two?

Simply put, a financial advisor is a general term used to describe any professional who gives you financial advice. And this can be used to describe a number of different financial professions, as the Motley Fool explains:

So these people can be called financial advisors, wealth managers, investment managers, financial planners, financial life coaches, all these types of things. And just about anyone can say that they are such a thing. There’s no common terminology for a lot of these things. There are no laws around it. Just because someone says they provide financial advice — it may not be that they actually provide financial advice. They might just be selling you something. They might be what’s traditionally considered a broker or an agent.

On the other hand, a Certified Financial Planner® is a little more specific: it’s a professional who’s certified by the Certified Financial Planner Board of Standards, Inc, so not just anyone can call themselves a CFP. And you probably want a qualified CFP dealing with your finances, because they have a fiduciary duty, meaning they’re legally required to act in your best interest. That’s huge. A stock broker, wealth manager, or any other non-certified advisor or planner isn’t required to meet this standard. That doesn’t necessarily mean all of those professionals aren’t worth their salt, but CFPs are usually very particular about their titles, and understandably so: their certification shows they’re reliable. If they mess up, they lose that certification.

To make things even more confusing, there are also CPAs—Certified Public Accountants. Most people know that CPAs help prepare taxes, but they can do more than that, and some of them may offer advising services. Generally speaking, though, CPAs are mostly hired for tax-related financial tasks, while a CFP can handle more of your financial planning.

How Much an Advisor Costs

The cost of an advisor varies depending on what kind of advisor you have. Again, financial advisor is a pretty general term, so the cost is going to vary from free to upwards of $150 to $200 an hour.

Some brokerage firms like Fidelity or Vanguard offer free or discounted financial advisory services. Of course, you get what you pay for, and they’ll primarily suggest you buy their own funds. That’s not always a bad thing, but take their service for what it’s worth, which is really just a reminder to invest with them. Plus, because they’re mostly interested in investments, they’re probably not going to help with basic budgeting or savings.

Commission and Fee-Based Advisors

Other advisors, and even CFPs, work on commissions, and they’re essentially salespeople who get paid for recommending specific investment or insurance products, like annuities. For that reason, they’re not usually recommended.

Fee-based advisors can get commissions, too, and they also get paid according to a percentage of your investment accounts they manage. This is also known as “assets under management” or AUM commissions. It’s usually 1-2% of whatever amount is in your AUM.

It’s hugely important to ask your advisor how they’re paid. Ideally, you want a fee-only advisor.

Fee-Only Advisors

Lastly, there are fee-only advisors, who simply charge a flat fee or an hourly fee for the time spent managing your finances. Because most CFPs are required to follow that fiduciary standard, they’re also fee-only and highlight the fact that they don’t accept commissions. While there are some reliable commission and fee-based firms out there, you probably want to find a fee-only CFP.

Okay, so let’s say an advisor charges an hourly, fee-only rate. That alone doesn’t tell you much. How long will it take them to complete the work? Obviously, advisors vary, but you can probably expect to spend upwards of $1,500 total. Here’s a real world example from a certified, fee-only advisor:

$1,800 to $2,400

Since I charge $150 an hour (you can request my Form ADV if you’d like and check my numbers), that means the financial planning engagement is going to take between 12 and 16 hours to complete. This includes our initial discussion, gathering up all of the applicable information from you, doing an interim report, getting your buy-in for where I’m going, and presenting you with a final report. It also includes any models I’m going to build to support my recommendations to you.

Again, this is just one example, but it gives you a ballpark idea of what you can expect to spend.

What to Expect When You Visit a Financial Advisor

Once you hire a financial advisor, their first order of business is to get a clear idea of your financial health. You’ll get a questionnaire asking about the following:

  • Assets and accounts: How much money you have, what kind of debt you have
  • Income: What your salary looks like, whether you have any additional sources of income or gifts
  • Tax situation: Withholdings, deductions, and all other tax details
  • Estate planning: Your will, beneficiary information, etc.
  • Investing: Your investments, risk tolerance, retirement goals.

Once your advisor has a thorough idea of what your financial situation looks like, that’s when the advising comes in. They’ll recommend a course of action, and after talking to you about different areas of your finances, they’ll draft a plan. According to Investopedia, this should include a summary of the most important findings from your questionnaire. The plan will wrap up your current situation, including your net worth, assets, liabilities, and so on. It will also include the goals that you discussed with the planner, whether those goals are investing goals or simply saving up an emergency fund.

If it applies, the summary should also include a thorough analysis of your investment risk tolerance, estate planning details, and other info related to your financial plans. You can also expect to see a potential best and worst case scenario for your retirement savings, along with detail on how you’ll withdraw the money at retirement.

Once your advisor comes up with a plan, they’ll work with you on implementing it and then they’ll periodically monitor your financial health and send you a periodic report.

If your financial planner handles investing, they might help you open and fund an investment account, too. They’ll come up with an ideal, customized portfolio that includes specifics on what kind of assets you should have (stocks, bonds, alternatives, real estate funds, etc.). Every firm has a different investment policy, so the approach may vary. Some firms only work with one fund company and limit your investments to that company.

It pays to do a little research on your own, because some firms may charge fees for your investment return. At the very least, learn the basics of investing on your own. You want to make sure to vet your advisor carefully, and part of that is finding out how they invest your money and how they’re paid.

Where to Start Your Search

A good recommendation from a trusted friend or family member can go a long way, but if you want to vet the reliability of your advisor (and you do), you should start with the NAPFA, the National Association of Personal Financial Advisors. Other sites, like NerdWallet, GOBankingRates, or FutureAdvisor will help you find planners and accredited advisors, too. However, NAPFA is probably the most straightforward site, because all advisors listed their database are certified, fee-only, and each year they sign and renew a Fiduciary Oath.

Once you start your search, you want to pick a few potential candidates, then do a little research. Check their company web site and bio. NAPFA recommends specifically reviewing their Form ADV (registration with the SEC). You can do this at the SEC website, but many CFPs will offer the form on their site. Once you narrow down your list to a few advisors, you’ll want to call and schedule quick phone interviews.

How to Interview Your Potential Advisor

When you talk to a potential advisor, there are a handful of important topics you’ll want to cover. Again, you should have them clarify how they’re paid. Specifically, ask about their fee structure. Even if you’re sure they’re fee-only, get them to confirm it. Obviously, you want to look at their accreditation, too. Beyond making sure you’re working with a true CFP, if the advisor sells an investment product, you also want to make sure they’re registered with the Financial Industry Regulatory Authority (FINRA). If they’re managing more than $100,000 in assets, make sure they’re registered with the Security and Exchange Commission (SEC).

NAPFA suggests some additional, specific questions, too. Highlights include:

  • Do you provide comprehensive financial planning or just investment management?
  • How will you help me reach my financial goals?
  • What happens to my relationship with the firm if something happens to you?
  • Are you held to a fiduciary standard at all times?

In general, talk about your specific financial needs and make sure they’re able to help you with them. However, you also want to weed out a good financial advisor from a bad one. In doing this, discuss these topics during the interview:

  • Their length of service: Do they have a proven track record?
  • Their typical client: You want to make sure they’re used to working with clients with needs similar to your own.
  • Their investing philosophy: This is why it helps to learn the basics of investing. We recommend a long-term buy and hold portfolio, and so do most personal finance experts. You want to make sure your advisor’s investment philosophy matches your own.

Forbes points out that a good advisor won’t talk 90% of the time during the interview. They’ll listen, ask questions, and offer insight. In addition, there are a few other red flags to look out for, and CFP Robert Brokamp goes over several of them in his podcast. A few of the most common ones:

  • They promise to destroy the market: If your advisor guarantees a high investment return, it’s probably time to move on. The stock market averages about 6-7%, and even that’s not guaranteed.
  • They give you advice without knowing your full financial picture: This goes hand in hand with the 90% of the talking thing. They should have a thorough idea of your financial health so they can offer a customized plan of action.
  • You feel rushed or pressured. If the planner is urging you to get back to them by a specific deadline, or they urge you to act on a limited time opportunity, they’re probably trying to sell you something beyond a solid financial future.

You should always look out for red flags like this, but vetting a fee-only CFP will help make sure you don’t have much to worry about.

It can be intimidating disclosing and handing over your finances to someone else. But sometimes, it makes sense, and there are plenty of experienced and skilled advisors out there who can help manage your money. Take your time with the process, do your research, and it shouldn’t be too hard to find one that’s reliable.

Illustration by Nick Criscuolo.

[button url=”mailto:contact@africorpsolutions.co.za” target=”” size=”small” style=”black” icon=”” popup=”” title=””]Contact a Certified Financial Planner[/button]

 

In which countries do people pay the most tax?

Income tax is a constant source of controversy and debate, no matter what country you live in. “Should 5% appear too small, be thankful I don’t take it all … You’re working for no one but me,” sang the Beatles in their 1966 hit Taxman, in an attack on the then Labour government’s high tax rates.

The amount of income tax you pay varies wildly between countries, from almost 60% for high earners in certain countries to 0% in some offshore havens and oil-rich nations.

So, which countries take the biggest slice of their workers’ earnings? The table below shows the top 15 countries for marginal personal income tax rates in 2014, as well as selected Nordic and G7 nations.

Screen Shot 2015-10-21 at 9.21.01 PM

Sweden tops the list with a whopping tax rate of 56.86%, followed closely by Nordic neighbour Denmark (56.22%), France (54.01%) and Spain (52%).

For an in-depth look at how business tax rates (rather than personal income tax) vary around the world and what this means for a country’s level of competitiveness, take a look at our Global Competitiveness Report 2015-16.

Author: Ross Chainey, Digital Media Specialist, World Economic Forum

Image: Workers walk across a footbridge towards the Canary Wharf business district in London February 26, 2014. REUTERS/Eddie Keogh

Source: https://agenda.weforum.org/2015/10/in-which-countries-do-people-pay-the-most-tax/?utm_content=buffer4be23&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

2015 Tax Indaba – Jerry Botha

Day 3 Stream 2 – Administrative and IT Issues in payroll

2014 Tax Indaba – Jerry Botha

Tax Law changes impacting employee remuneration and benefits, remuneration structuring and employee pay practice
Tax Indaba 2014
9 – 13 June 2014

The Davis Tax Committee

Introduction

On 17 July 2013 the Minister of Finance, Mr Pravin Gordhan, announced the members of the Tax Review Committee (the Committee) as well as the Committee’s Terms of Reference.

This gave effect to the Minister’s previous announcement in February 2013 when he tabled the 2013/14 Budget that government will initiate a tax review this year “to assess our tax policy framework and its role in supporting the objectives of inclusive growth, employment, development and fiscal sustainability”.

It was decided at the inaugural meeting of the Committee on 25 July 2013 that the Committee will be known as The Davis Tax Committee (DTC).

Background to the review of the tax system

The South African tax system has changed significantly since the recommendations of the last tax commission (The Katz Commission). The changes to the system, arising from the recommendations,  include the establishment of an independent tax and customs administration (the South African Revenue Service), the broadening of the tax base, and the lowering of marginal tax rates. These, and other changes have contributed to the development of a relatively robust and competitive tax system. Today South Africa’s tax policy and tax administration compares favourably with those of many developed and emerging economies.

However, given the pace of globalisation, the relatively modest economic growth after the 2008/09 economic recession, and the significant social challenges such as persistent unemployment, poverty and inequality, there is a need to review what role the tax system can play as part of a coherent and effective fiscal policy framework in addressing these challenges. In line with local and international priorities at the moment, there is an immediate need to address concerns about the growth of small businesses as well as base erosion and profit shifting (BEPS), in the context of corporate income tax, as identified by the Organisation for Economic Co-operation and Development (OECD) and the Group of Twenty (G20).

The Committee will operate on the basis of various sub-committees dealing with specific items in the Terms of Reference (TOR).  Each sub-committee will stipulate a date by which submissions must be received from all stakeholders.  Based on wide consultation and submissions received, each sub-committee will prepare an interim report for the approval of the Committee as a whole and subsequent submission to the Minister of Finance.  The Minister of Finance will determine any further steps to be taken with regard to each interim report.

Read more

Where Is The Best Country To Be An Expat?

A new survey of 21,950 expatriates from around the world has crowned Singapore as the best place to be an expat. The Expat Explorer country league table, commissioned by HSBC and now in its eighth year, uses a variety of criteria including economics, experience and family life. Singapore received a 67% approval from expats living there, who reported being encouraged by the nation’s strong economy and the opportunities available to them for career progression.

In the individual pillars, Switzerland ranked first for best economy, New Zealand for experience (overall quality of life) while Sweden was ranked highest for family life.

Living abroad has benefits beyond career advancement. Over half of expat spouses said that they felt the experience had brought them closer together. Confusion and difficulty over managing finances in a foreign country was cited as the most challenging aspect of living abroad.

The report notes that while the allure of finding better jobs and experiences in other countries is a key factor in moving abroad, even in the top 10 nations, everyone’s experience is different. Potential emigrants should be sure they know that “the grass isn’t greener, just a different colour of green”.

Source: HSBC

Foreign Withholding Taxes

South African and multinational businesses operating in the larger African continent were elated by the introduction in 2011 of the section 6quin relief for withholding taxes suffered despite the treaty provisions preventing same.

The elation, however, may be short lived! After offering much welcomed relief and promoting the gateway to Africa initiative for a mere 4 odd years, it is currently proposed that the relief be withdrawn.

While several commentators have pleaded with Treasury not  to withdraw the relief, we are yet to see whether or not parliament will allow the relief or some remnants of it to stay.

In the absence of the section 6quin relief, taxpayers who have relied thereon to date will have no choice but to rely, in the alternative, on the Mutual Agreement Procedure (“MAP”) in double tax treaties to get their own back or alternatively, to take erroneous withholding taxes up with foreign revenue authorities directly.

Our team includes highly experienced and well qualified tax professionals, lawyers and charted accountants who have deep expertise on MAP’s and have assisted several taxpayers in claiming back incorrectly withheld taxes.

Contact us for an appointment.

[button url=”http://taxconsulting.co.za/index1.php/contact-us/” target=”” size=”small” style=”black” icon=”” popup=”” title=””]Contact Us[/button]

Advance Tax Rulings

There have been roughly 45 reported tax cases since January 2014. Of these SARS won twenty seven and taxpayers sixteen. Two of these cases were partial wins. As the charts below indicate, that means 60% of all cases taken to court in the last 19 months have been won by SARS.

One may safely assume that all these cases are backed by one or even multiple tax opinions supporting the taxpayer’s position. SARS obviously disagreed and, more often than not, it appears that the courts agree with SARS.

All.fw

Tax opinions issued by tax professionals are fast losing their commercial value, despite relief offered from understatement penalties in terms of the Tax Administration Act. The only sure fire way to constructively manage a tax risk is obtaining a binding ruling from SARS. Where a binding ruling is not possible, non-binding private opinions issued by SARS can go a long way in actively managing a tax risk.

Our team consists of excellently qualified professionals including, charted accountants, actuaries, lawyers and master tax practitioners who have invaluable experience obtained through many years of practice and from some of the largest professional service firms in South Africa.

Tax Consulting South Africa has attained numerous binding and non-binding rulings and opinions from SARS on behalf of various taxpayers who have greatly benefited from our constructive and effective tax risk management strategies.

Please click here for an informative flow chart on the Tax Ruling process.

[button url=”http://taxconsulting.co.za/index.php/contact-us/” target=”” size=”small” style=”black” icon=”” popup=”” title=””]Contact Us[/button]

South Africans With Accounts And Investments In Foreign Tax Jurisdictions

The South African Revenue Service announced on 09 July 2015 the progress made by SARS on work done on foreign bank accounts held by South African residents and to provide such residents an opportunity until 12 August 2015, to approach SARS via its Voluntary Disclosure Programme (VDP) to regularise their tax affairs.

The VDP process is not nearly as simplistic as one may think and there is significant risk on where the voluntary disclosure is not accepted by SARS, due to various substantial or factual reasons. We specialise in the VDP process and which is the only legislated enabled route to ensure full compliance and correcting wrongs of the past. We are also one of the few tax advisories which fully appreciates the risks around offshore trusts, offshore structures and correcting the aggressive advice often given by certain offshore advisors making a living from these structures. Our approach is ensuring becoming fully compliant with the law, without unduly paying tax or penalties.

During February 2015, various media articles referred to the release of information pertaining to South African residents who are or were HSBC account holders. As stated by SARS at the time, early indications were that some account holders may have utilised their accounts to evade their local and/or international tax obligations based on the information SARS had received. The SARS announcement further reads:
“SARS has completed the initial phase of matching information obtained through international exchange of information procedures with the SARS taxpayer database. This matching confirms that some account holders may have used their accounts to evade South African tax liabilities. Account holders who want to make use of the VDP are encouraged to submit their applications to the VDP unit on or before 12 August 2015. In the meantime SARS will continue analysing the data available to it, enhancing its audit capacity and will be ready to commence issuing audit notification letters from 13 August 2015”.

Detailed information about the VDP application process as well as the penalty relief and protection against criminal prosecution provided under this programme is available at http://www.sars.gov.za/Legal/VDP/Pages/default.aspx.