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New smoking laws for South Africa are back

South Africa Reintroduces New Smoking Regulations

Reference: Published by Seth Thorne (BusinessTech, 13 Aug 2024)

The Control of Tobacco Products and Electronic Delivery Systems Bill, which had stalled previously, has been revived by Parliament for further processing. Originally introduced in December 2022, the bill aims to strengthen public health by aligning with WHO’s Framework Convention on Tobacco Control. The proposed legislation seeks to regulate the sale, advertising, and use of tobacco products and electronic delivery systems, including stricter manufacturing standards, standardized packaging, and banning smoking in indoor public spaces.

Reactions to the bill have been mixed. Supporters, like Dr. Sharon Nyatsanza of the National Council Against Smoking (NCAS), believe it will reduce tobacco use and support public health initiatives like National Health Insurance. Dr. Catherine Egbe of the South African Medical Research Council highlighted the urgent need for the bill, citing the high prevalence of tobacco use and rising e-cigarette use among youth.

However, concerns have been raised about potential job losses, increased illicit trade, and reduced tax revenue. The bill’s economic implications for small traders and tobacco farmers, as well as enforcement challenges, have been debated. The bill’s revival has sparked widespread discussion, reflecting both strong support and significant opposition as it continues through the legislative process.

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South Africa mulls tax hikes on alcohol, vaping, and smoking.

Reference: Published by Luke Fraser (BusinessTech), 16 February 2024

South African excise duties, popularly known as “sin taxes,” are about to be raised by the government. This could result in higher costs for South Africans who indulge in their favorite vices. According to PwC’s estimate for the 2024 Budget, the South African Police Service, and the South African Revenue Service (SARS) have collaborated to recover illicit goods. However, the black market remains a major threat to the country, particularly to cigarettes.

The Transnational Alliance to Combat Illicit Trade (TRACIT) released a report titled “Organised Crime, Illicit Trade and Corruption: Spotlight on South Africa” through Business Unity South Africa (BUSA). The report suggests that the nation’s widespread trade in illicit goods may be costing it close to R100 billion in tax revenue annually. The research attributes the rise in illicit trade to the COVID-19 pandemic, which allowed illegal merchants to expand their operations in the face of government lockdowns, prohibitions, and constraints that affected legitimate markets and led to shortages.

PwC anticipates that new initiatives to stop illicit trading will be included in the 2019 budget in light of these issues. They also demand that the World Health Organization’s treaty, which seeks to outlaw the illegal tobacco trade by 2024, be ratified by the government. PwC further suggests developing a workable track-and-trace system to stop illegal trading.

Right now, PwC genuinely anticipates modest hikes in the excise levies on alcohol and tobacco. The government’s current excise tax policy sets rates at 11% for wine, 23% for beer, 36% for spirits, and 40% for the cost of the most popular tobacco brand, based on weighted retail prices. PwC points to previous budgets that raised tobacco and alcohol excise taxes at rates more than inflation, and they predict that the 2024 budget will announce a similar inflationary increase.

Tax increases on vaping products are also projected. Starting in 2022, the government imposed a fixed excise charge of R2.90 per milliliter on vaping goods that contained nicotine or not. This obligation became operative on June 1, 2023. According to PwC, this commitment will increase in step with inflation.

The government’s goal of stopping illegal commerce and raising tax revenue remains the same, even as South Africans brace themselves for potential increases in sin taxes. When Finance Minister Enoch Godongwana releases his next budget statement, more details about the specific policies and changes that are anticipated will become apparent.

South Africa mulls tax hikes on alcohol, vaping, and smoking. Read More »

SARS TAX Rates 2024: What are the SARS TAX Rates & will they rise in 2024?

Reference: Published by Usher (IT Gujarat), 4 January 2024

The individual must pay the South African Revenue Service, which collects and oversees tax compliance. The revenue department is in charge of customs, executive services, and economic protection. Continue reading this article to learn more about the SARS Tax Rates 2024, what it is, the tax rate in 2024, and other important information.

The South African Revenue Service offers a variety of services and taxes policies to taxpayers. The revenue service determines the various tax rates for each fiscal year. These rates are determined by your individual income and corporate earnings.

The tax rates are determined by the Minister of Finance in a yearly budget speech, which is fixed and passed through Parliament each year. Income tax, employers’ tax, turnover tax, transfer duty, and various additional taxes are among the tax rates.

What is the Tax Rate?

A tax rate is a proportion of an individual’s income that must be paid to the federal government as income tax. These rates are calculated based on an individual’s annual income. This is determined by the taxpayer’s income; the higher the income, the higher the tax.

The rates contribute to the construction and maintenance of national infrastructure, as well as the provision of some social services to residents. This is a proportion of an individual’s taxable income that varies according to income and tax bracket.

What are the SARS Tax Rates?

Taxable IncomeTax Rate
R1 to R 237,10018 per cent
R 237,101 to R 370,50026 percent taxation with an additional R42,678
R 370,501 to R 512,80031 percent tax with an additional sum of R 77,362
R 512,801 to R 673,00036 percent tax with an additional sum of R 121,475
R 673,001 to R 857,90039 percent tax with an additional sum of R 179,147
R 857,901 to R 1,817,00041 percent of tax with an additional sum of R 251,258
R 1,817,001 and more than this45 per cent tax with R 644 489

The taxation rates are determined by the fiscal year, which begins on April 1 and ends on March 31. The following are the South African Revenue Service tax rates for 2023-24:

Individual income determines the tax rates. The one who earns more must pay higher taxes. Individuals are obligated to pay 18% of their income in taxes. Along with the tax rate, the individual must pay an additional payment of a percent after R237,100. They are compelled to pay a particular amount of tax based on their income.

Individuals who earn R 1,817.000 or more are liable to pay a 41 percent tax as well as an additional payment of R 644,489. The taxpayer who earned between R 857,901 and R 1 817 000 must pay 41 percent of their earnings plus an additional R 251,258 to SARS.

Will There Be An Increase in 2024?

Every year, the government sets different tax rates for taxpayers. As a result, there will be certain specific modifications in taxing rates in 2024. These rates change depending on economic growth, population, SASSA funds, public employee compensation, and other factors.

The South African Revenue Service calculates rates based on inflation. Taxpayers’ contributions aid the nation’s social and economic prosperity. The eligible beneficiaries receive their government benefits through this income. The government must publish the new tax rate; for March 31, the taxation rate will be the same as the present year, after which the government will offer a new taxation rate for another fiscal year. The taxpayer will learn about their new tax rates, which are based on social and economic growth.

SARS TAX Rates 2024: What are the SARS TAX Rates & will they rise in 2024? Read More »

South Africa’s new smoking rules are a job killer in plain packaging.

Reference: Published by Luke Fraser (BusinessTech), 18 September 2023

More public hearings on the new Tobacco Products and Electronic Delivery Systems Control Bill have been held by the Portfolio Committee on Health, with attendees expressing mixed feelings.

Depending on the clauses under consideration, the new Bill has received both support and severe criticism.

The following are the broad objectives of the bill:

  • Indoor public locations and some outdoor areas will be declared smoke-free.
  • Cigarette vending devices must be prohibited.
  • Plain package with health warnings and illustrations.
  • Display at the time of sale is prohibited; and
  • Electronic nicotine delivery devices and non-nicotine delivery systems are regulated and controlled.

The Committee held three public hearings in Limpopo, in Polokwane, Louis Trichardt, and Tzaneen, and the attitude to the Bill was mixed, as it had been in the North West, with widespread concerns about the Bill’s economic implications.

The following is a summary of the responses from the three public hearings:

Jobs

Informal traders say the new legislation will compel them to close their enterprises, raising South Africa’s unemployment rate.

They were particularly concerned about the strong penalties for selling single-stick tobacco products, which might result in a fine, jail for up to ten years, or both.

The high fines for the sale of single-stick cigarettes, as well as the potential impact on developing tobacco farmers, were also raised by public participation.

Plain packaging

Those opposed to the Bill also claimed that standardizing tobacco packaging and labeling would reduce job prospects in the advertising industry.

Opponents said that the new simple packaging will encourage the underground cigarette market.

Those who supported the Bill, on the other hand, claimed that prohibiting attractive packaging would eventually lead to a decrease in tobacco product consumption.

Inadequate capacity

Members of the public raised concern about the state’s failure to implement current tobacco legislation due to a lack of capability.

Those who opposed the bill claimed that drafting a new bill without first making the current one work was a waste of time.

They advocated for stricter adherence to existing laws before enacting new legislation.

Electronic delivery methods

Provisions relating to vaping and e-cigarettes were met with a more positive response.

There was widespread agreement that the Bill closes regulatory gaps and ensures that consumers are aware of the adverse impacts of these items.

Those opposed to the Bill, on the other hand, claimed that all tobacco products are unique and that electronic delivery systems should be governed differently.

However, proponents of the Bill criticized tobacco and electronic delivery system manufacturers, claiming that profits were more important than people’s health.

Security precautions

Participants at all three public hearings emphasized that the Bill will ultimately help safeguard nonsmokers, children, and pregnant women from smokers.

There has been considerable concern that school-aged children were missing crucial teaching and learning time by leaving class to smoke, with high hopes that the new Bill will assist parents in preventing their children from smoking.

Supporters of the Bill also claimed that it would protect nonsmokers from secondhand smoke.

South Africa’s new smoking rules are a job killer in plain packaging. Read More »

Reasons why you require a tax-free investment

Reference: Published by Partner, 15 February 2023

A tax-free investment is a no-brainer given its benefits, but by managing it strategically, you can increase its value. Now is the ideal moment to invest and maximize your benefits because the tax year ends on February 28, 2023.

The benefit of a tax-free investment that stands out the most is that you don’t have to pay any local taxes on your investment returns, either while you’re investing or when it pays off. Your interest income, dividends, and capital gains are all free of municipal taxes.

While the government has provided all South Africans with access to this wonderful advantage, we think the real value resides in knowing how to maximize your tax-free potential. According to our analysis, over the long term, using four essential tactics, you might quadruple the returns on a given taxable investment.

Strategy 1: Observe the first-in, last-out rule.

When we say “first-in,” we mean to use your tax-free limit first before deciding on any other type of investment. You can start investing with Coronation with as little as R250 per month or an annual lump sum of R5,000, up to a maximum contribution of R36,000.

By “last-out,” we mean to keep investing over the long haul. With every additional decade that you remain invested, the force of compounding allows your investment to potentially expand tenfold. By avoiding the need to access or withdraw the money you’ve deposited in a tax-free investment, we think you may fully benefit from tax-free investing.

In other words, don’t use it as a savings account for major purchases like a car or holidays or an emergency fund.

Strategy 2: Invest in a multi-asset fund that emphasizes growth.

It’s crucial to realize that restrictions on geography or asset classes do not apply to tax-free investments, which means that long-term investors may want to explore investing entirely in stocks. The highest predicted returns are offered by this asset type over the long term.

To navigate market ups and downs across several decades, a less volatile experience could be desired for the majority of investors. As a result, selecting a growth-oriented multi-asset fund like Coronation Market Plus is your best bet for staying invested and generating returns that are significantly higher than inflation.

Since its launch in 2001, Coronation Market Plus has catered to the demands of risk-takers looking to increase their long-term capital outside of retirement portfolios.

As seen in the graph below, Coronation Market Plus has generated an annualized return of 14.3%, which is significantly higher than inflation, which is now at 5.7%.

It is noteworthy that, during this time, the Fund has beaten the 13.7% performance of the JSE All Share Index, despite never having a 100% equity investment. (All performance data is as of December 31, 2022).

Strategy 3: Try to hit your lifetime cap as quickly as you can.

Your yearly tax-free investment limit, which is presently R36 000 per year and R500 000 per taxpayer in total, should be used as soon as feasible, according to history. By doing this, you can extend the time over which you can profit from compound growth by allowing the taxes you avoid to stay invested for a long time.

The higher rate of compound growth on your tax-free investment is what makes it so much more potent than an investment in a taxable unit trust. This can double the value of your investing nest egg over the greatest feasible time span, as explained in Strategy 4 below.

Strategy 4: Create riches for your young children.

A hypothetical example (see figure below) that highlights its potential if used on your child’s behalf as early in life as feasible can help you better grasp the life-changing impact a tax-free investment can have on their lifetime.

Consider making the maximum annual contribution for your child (R36 000) in a tax-free investment from the time of the child’s birth. Before your child reaches the age of 14, you will have spent the entire lifetime limit of R500,000.

According to our study, which is predicated on a few assumptions, the value of the tax-free investment will be 22% more than the equal taxable unit trust investment if you hold onto the funds there until your child becomes 18 years old. By the time you reach age 30, the gap increases to 42%, and by the time you reach age 65, the investment will be worth significantly more than the equivalent taxable unit trust investment.

These findings demonstrate that by resisting the urge to withdraw money from a tax-free investment, a nest egg is created, which, depending on when your child decides to withdraw, might be used to pay for university education, purchase a first home, or, ideally, invest in retirement.

The amazing potential of compounding over extended periods is clearly demonstrated by this theoretical exercise. An investment worth R17 million in today’s money can be made by age 65, for instance, by investing R500 000 over the course of 14 years and then doing nothing for 41 years.

Start your adventure with Coronation right away if you don’t already have a tax-free investment.

As we can see, there are many advantages to investing tax-free. But what’s most important is that you take the tactics into account to maximize your investment. Therefore, why Coronation?

  • By opening a tax-free investment with Coronation, there are no setup or administrative fees involved.
  • Start investing with us today for as little as R250 via a monthly debit order, or contribute one big payment of R5,000 to R36,500 annually.

Contact your financial advisor, if you have one, or visit the tax-free investment website by the end of February 2023 to choose the funds that best meet your needs.

Reasons why you require a tax-free investment Read More »

Illegal Buildings and Demolition Orders

The approval of construction designs is more than just a formality in municipal planning, and adherence to building codes increases public safety. A fait accompli caused by the landowners’ illegal conduct should not be presented to the authorities by the courts by allowing them to erect illegal structures on their property. (Excerpts from the verdict below)

What would you do if your neighbor began constructing there without getting approval from the municipality? Your right to request demolition has been upheld by a recent High Court judgement.

The retiree who unlawfully constructed an apartment complex

  • A landowner made the decision to erect an eight-apartment, multi-story building on his property. He is a retiree, according to the media, who spent his R900,000 pension cheque on the project and intended to live off the R40,000 monthly rent that resulted.
  • The structure, which he said would only be a garden cottage for his neighbors, violated four laws:
    • The local Council did not accept any building plans,
    • The construction violated the Town Planning Scheme’s building line limits,
    • The building did not adhere to the property’s zoning;
    • The owner was building a second home on the land, which violated a restriction in the title  deed that only allowed one to exist there.
  • The owner disregarded two “stop building” directives from the Council. Then he promised to stop the work but ended up speeding it up.
  • After receiving an urgent application from two of his neighbors asking the High Court to halt further construction, the Court ordered the owner to tear down the structure.
  • The owner filed an appeal of this decision with the High Court’s “full bench,” requesting that the demolition order be delayed while his application for rezoning and the removal of the restrictive covenants with the Council was being processed.
  • Despite the Council’s approval of the property’s rezoning, it was made clear that it did not support the partially completed building, which was against the law because it crossed over the building lines without having its plans approved.
  • Although their land had not been encroached upon, the neighbours’ rights had, the Court determined, giving them the right to apply for a demolition order.
  • The Court recognized that the neighbors had taken action to preserve their rights as soon as it became clear that the owner was building an apartment block rather than a garden house when it decided to exercise its discretion in favor of demolition. They informed the Council of the illegal structure, and the Court found it strongly persuasive that the owner continued construction despite being aware of its illegal status.
  • The building must be demolished by the owner.

The bottom message is to act right away if your neighbor starts to construct illegally!

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How to Choose the Appropriate Legal Entity

If starting a business on your own in 2023 is something you’ve always wanted to do, consider these factors first:

  1. Am I a businessperson? You’ve got a fantastic business idea, and you can’t wait to start it up. Success and fortune are calling. But hold on, are you really cut out for the hustle and bustle of entrepreneurship? It can be extremely lucrative, not only in terms of money but also in terms of lifestyle and overall well-being. But it also entails a great deal more risk than the traditional “9 to 5 employee” alternative, so carefully consider your options.
  2. What’s my strategy? Without a strategy, you navigate through dangerous, shark-infested waters without a rudder. Although there is a lot of advice available to assist you chart your route, start-up failure rates are high.
  3. Which legal organization ought I to use for business? Avoid making the beginner error of setting sail in any old boat. Starting in the wrong entity and having to switch in the middle of operations will result in a lot of needless expenditure, hassle, and risk. Instead, make long-term plans. Consider where you want your company to be in five or ten years, its size, your exit strategy, and other factors.

So what options do you have?

You have four primary choices. –

  1. A single-person business (a “sole trader”). You are the company, conducting business for your own gain or loss, possibly using a trading name like “Syd Smith trading as “Syds Plumbing”.”
  2. A group of two to twenty people or entities who pool their resources to operate a trade, business, or profession in exchange for a cut of the earnings.
  3. A privately held corporation (“Pty Ltd”) with any quantity of stockholders. Directors have control over and are in charge of.
  4. A trust (number of trustees and beneficiaries not restricted). There are various types of trust, with trustees controlling and managing trust assets and/or trading for the benefit of beneficiaries.

Noting that there are other specialized types of entities available to, for example, non-profit organizations (charities, etc.), professionals (lawyers, accountants, doctors, etc.), and the like, it should be noted that you might be advised to combine one or more of these entities in a corporate structure.

Each’s advantages and disadvantages

For a description of the benefits and drawbacks of each of these choices, look at the example table below.

Remember the effects on taxes and estate planning!

Briefly stated:

  • Estate planning: You might be encouraged to utilize trusts and corporations to transfer money to future generations in a way that is both tax-efficient and practicable, as well as to shield your assets from creditors both now and after you pass away. Both corporations and trusts are “perpetual” in the sense that they endure changes in directors or trustees (resignation, removal, retirement, insolvency, death, etc.), with the potential to save money on estate taxes over multiple generations and avoid the expenses and delays associated with administering a decedent’s estate.
  • Tax efficiency: Partnerships and sole proprietorships are taxed at individual rates; trusts other than special trusts are taxed at a flat rate of 45%; businesses are taxed at a flat rate of 27% (down from 28% starting with assessments ending on March 31, 2023), plus 20% dividends tax when profits are distributed. There are a number of other considerations to make in this case, including things like Capital Gains. Tax inclusion rates, exclusions, exemptions, small company benefits, and the “trust conduit concept” are all very important when determining whether you would be better off paying taxes as an individual or through a corporate or trust structure.

Take that advise from a professional!

    Remember the effects on taxes and estate planning!

    Briefly stated:

    • Estate planning: You might be encouraged to utilize trusts and corporations to transfer money to future generations in a way that is both tax-efficient and practicable, as well as to shield your assets from creditors both now and after you pass away. Both corporations and trusts are “perpetual” in the sense that they endure changes in directors or trustees (resignation, removal, retirement, insolvency, death, etc.), with the potential to save money on estate taxes over multiple generations and avoid the expenses and delays associated with administering a decedent’s estate.
    • Tax efficiency: Partnerships and sole proprietorships are taxed at individual rates; trusts other than special trusts are taxed at a flat rate of 45%; businesses are taxed at a flat rate of 27% (down from 28% starting with assessments ending on March 31, 2023), plus 20% dividends tax when profits are distributed. There are a number of other considerations to make in this case, including things like Capital Gains. Tax inclusion rates, exclusions, exemptions, small company benefits, and the “trust conduit concept” are all very important when determining whether you would be better off paying taxes as an individual or through a corporate or trust structure.

    Take that advise from a professional!

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