Challenges Facing Payroll Professionals and Employers Operating in South Africa. Independent Payroll Services is a CloudPay Payroll Partner

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1 Challenges Facing Payroll Professionals and Employers Operating in South Africa

2 Agenda About Today s Presenter: Andre Louw About Independent Payroll Services Services Provided to s Clients Labour Legislation Statutory Registrations Taxation Social Charges Employee Benefits 2

3 Presenter: Andre Louw Founder and co-owner of Independent Payroll Services Close Corporation, established in November 1997 Joined the company in Transformed the business into a fully-fledged Private Limited company in June 2002 Director at Independent Payroll Services (Pty) Ltd since 2000 Has more than 18 years of experience in the payroll industry Manages the business as an equal partner and is responsible for all areas of the business, including Marketing, Finance, Operations and IT Actively involved in the day to day running of all the payrolls Andre Louw Member of the South African Payroll Association Director Registered as a tax practitioner with SARS and SAIT 3

4 About Independent Payroll Services Payroll Bureau (Private Company) offering cost effective and professional payroll and consulting services on a full outsourced basis One of the smaller players in the payroll industry 18 years of experience in the industry Member of the South African Payroll Association Director is a tax practitioner registered with SARS and SAIT Level 4 BEE (Black Empowerment Equity) contributor Operates from its Head Office in Pretoria Existing clientele consists of small, medium and corporate blue chip companies (some listed on the Stock Exchange) Licensed user of Sage VIP Windows based Premier Payroll System 4

5 Services provided to client s of Monthly payroll processing and Statutory filings Bi-annual issuing of IRP5 tax certificates and submission to SARS Bi-annual submission of the EMP501 tax reconciliation to SARS Annual issuing of IRP5 tax certificates and submission to SARS Annual submission of the EMP501 tax reconciliation to SARS Annual submission of the Workmen s Compensation return to the Department of Labour 5

6 Labour Legislation 1.1 The Constitution of the Republic of South Africa Fair Labour Practices Rights to associate Rights to collective bargaining Right to strike 1.2 Labour Relations Act Regulating fair treatment of employees Protects employees against unfair dismissal Provides framework within which employers & employees can establish terms & conditions of employment by negotiating and agreement 6

7 Labour Legislation (Continued) 1.3 The Basic Conditions of Employment Act Regulates the basic minimum employment conditions Contracts of employment Wages Health & Safety Working hours Overtime Leave Deductions Termination of employment 7

8 Labour Legislation (Continued) 1.4 Occupational Health & Safety Act Protection of persons at work against hazards to health & safety arising out of or in connection with the activities of persons at work 1.5 Employment Equity Act Promoting equal opportunity through the elimination of unfair discrimination Implementing positive measures to re-address disadvantages in employment 8 8

9 Labour Legislation (Continued) 1.6 Unemployment Insurance Act Unemployment benefits Illness benefits Maternity benefits Adoption/Dependants 9

10 Labour Legislation (Continued) 1.7 Skills Development Levies Act To develop the skills of the SA workforce To increase the levels of investment in education and training To improve employment prospects To ensure the quality of workplace education and training To provide and regulate employment services 10

11 Labour Legislation (Continued) 1.8 Employment Tax Incentive Act To encourage Employers to hire young people by reducing the amount of PAYE payable to SARS, thereby, reducing the cost of employment to the Employer while leaving the employee s earnings unaffected. More details are available on request. Only for certain eligible Employers Only for employees between years old Only for employees with an ID or Asylum Seeker Permit Only for employees employed after 30 September 2013 Only valid for 24 month s period since employed Only for employees with remuneration less than R6000 per month Incentive is calculated by means of a formula 11

12 Statutory registrations 1. Registrar s Office (Authority to operate a business) 2. South African Revenue Services (SARS) Company Income Tax Company Provisional Tax VAT (Value Added Tax) PAYE (Pay As You Earn) (Employee tax) Skills Development Levy Unemployment Insurance Fund 3. Department of Labour Unemployment Insurance Fund Compensation Commissioner (WCA) (COIDA) 12

13 Statutory Employer Information Name of Employer Trading as Employer registration no Income tax registration no PAYE registration no UIF registration no WCA registration no Physical & Postal address Details of accountant or auditor Details of representative Banking details 13

14 Statutory Employee Information Surname, full names and gender Date of birth ID number (if no ID then passport no and country of issue) Income tax office & tax no Banking details and account owner relationship Residential & Postal address Employer details for tax certificate purposes 14

15 Income/Employee Tax (PAYE) Tax Rates (SA Rand) Effective from 1 March February 2016 Taxable Income Fixed Amount Percentage % of each Rand % of amount over % of amount over % of amount over % of amount over and over % of amount over Primary Rebate Tax threshold < Additional Rebate > Tax threshold > Additional Rebate > Tax threshold > Personal Service Providers 28% Trusts 41% Temporary workers 25% (who works > 5 hrs a day or 22 hrs per week) 15

16 Taxable income/earnings All income/remuneration received (except specifically exempted) Taxable reimbursements 80% of any travel allowance Any other allowance Share gains Restraint of trade payments Lump sum payments Severance/gratuity payments Fringe benefits Awards Stipends (whether in cash or otherwise) Minus exempt income Minus tax deductible contributions Minus non-taxable reimbursements 16

17 Fringe benefits Acquisition of an asset at less than the actual value Right of use of an asset Right of use of a company car Meals, refreshments and vouchers (subject to conditions) Residential accommodation (subject to conditions) Free or cheap holiday accommodation Free or cheap services provided by the Employer (subject to conditions) Low or interest free loans (subject to conditions) Medical Aid contributions made by the Employer Retirement Fund contributions made by Employer Payment of Debt or release from Debt 17

18 Exempt income/earnings War pension Compensation as a result of and relating to mining diseases Disability pension Workmen's compensation (Injuries on duty) Social Security of another country Pension received from source outside the RSA Unemployment Insurance benefit payments Loss of Office lump sums Uniform allowances (subject to conditions) Relocation payments (subject to conditions) Foreign employment income (subject to conditions) Bursaries and scholarships (subject to conditions) Subsistence payments Arbitration awards (as ordered by a Court or settlement out of Court) (Directive) 18

19 Tax deductible contributions Pension Fund Retirement Annuities Income replacement (Stopped/Cancelled w.e.f. 1 March 2015) Medical Aid (Employee tax credit) Payroll Giving/Donations (Subject to conditions) 19

20 Calculation of employee tax Based on Taxable earnings for the specific month Average taxable earnings per month is determined for YTD period Average taxable earnings per month is annualised Tax for a full 12 months period is calculated Minus annual rebate Tax for the specific month is calculated Tax on guaranteed annual bonuses can be provided for on a monthly basis 20

21 Social Charges & Employee benefits MANDATORY SOCIAL CHARGES AND BENEFITS Unemployment Insurance Fund (Social Security) 1% 1% Employee and Company contribution respectively calculated on taxable earnings capped to a maximum of R per month. SDL (Skills Development Levy) 1% SDL like UIF, is determined on 1% of Taxable Income per employee, payable only by the employer. Trade Related Mandatory WCA (Workmen's Compensation Act) Between 0.16% and 8.26% 1% Union fees. E.g. Motor Trade - MISA & NUMSA, Others SACCAWU; FEDCRAW, SACCTWU etc. Fee is normally based on 1% of the basic salary. May have a min and max floor limit depending on the Union and the different added advantages offered by the Union An Annual Assessment is submitted (March each year) based on the total number of employees and Maximum income of R per person per annum (This maximum increases each year). The Assessment Rate depends on the Business Sector. Depending on the probability of work related accidents, some Business sectors will be rated as a higher risk and the rates of assessment will be higher. The rate ranges from between 0.16% to 8.26% 21

22 Social Charges & Employee benefits (Continued) NON-MANDATORY SOCIAL CHARGES AND BENEFITS Free & Cheap services, Use of Company cars, Bursaries, Release of Debt, etc. Pension Provident Fund benefit - RAF (Retirement Annuity Fund) Max 7.5% for employee. No max for company contribution Subject to Fringe Benefits Tax. e.g. Employee may be refunded for Relocation Costs (criteria detail is available on request) Membership of a pension is not mandatory in RSA but is based on "Retirement Funding Income" (RFI) This is the amount of remuneration taken into account in the determination of the contributions made by an employee (or paid by the employer on behalf of the employee), to a pension or provident fund, and includes the full amount of the travel and public office allowance if the allowance is taken into account to determine the contribution. Non-Retirement Income is the balance of the employee's remuneration after deducting Retirement Funding Income. A summary of the tax deductible limits as prescribed in the Act: Pension: The total annual deduction allowed is limited to the greatest of R or 7.5% of RFI. Arrears Pension: The total annual deduction allowed is limited to R % of non-rfi Current and arrear payments towards Retirement Annuities may be deducted from Tax Liability within the following limitations: Current Contributions: The total annual deduction allowed is limited to the greatest of R1750 or 15% of Non-RFI or R3500 less pension contributions. Arrears Retirement Annuity Contributions - An Annual deduction limited to R

23 Social Charges & Employee benefits (Continued) NON-MANDATORY SOCIAL CHARGES AND BENEFITS Medical Aid Tax Rebate Medical scheme contributions: Employee < 65: Proof of payment/deduction must be available,. Tax rebate: * R270 per taxpayer per month R270 for first dependent per month R181 for the third and each additional dependent more than 3, per month Life Insurance No limit Income Protection Plan - Premiums paid by employee towards this policy may be deducted from Tax Liability with proof of payment. (This benefit has since been stopped or cancelled w.e.f. 1 March

24 Social Charges & Employee benefits (Continued) NON-MANDATORY SOCIAL CHARGES AND BENEFITS Severance/Notice/Retrenchment/ End of Contract - Terminations Depending on the specific Termination: Notice Pay (refer to Amended BCEA Act) (Basic Conditions of Employment Act) One week if the employee has been employed for Six months or less; Two weeks, if the employee has been employed for more than Six months but not more than one year; four weeks if the employee (i) has been employed for one year or more; or (ii) is a farm worker or domestic worker who has been employed for more than six months. Leave credit/paid. BCEA rate will apply to 21 days calendar leave, thereafter normal rate. Gratuities on Termination, Impending Termination of service or Retrenchments will be subject to obtaining a SARS Directive for tax deduction and exemption. Any amount in cash or in kind, received by or accrued to an employee or the holder of any office by way of bonus, gratuity or compensation (including payment of accumulated leave and redundancy payment) because of the termination of his/her services within five years, is exempt from tax to the extent of a cumulative amount of R30000 provided that * the person to whom it is paid has attained the age of 55: Leave and redundancy payment) because of the termination of his/her services within five years, is exempt from tax to the extent of a cumulative amount of R30000 provided that the person whom it is paid has attained the age of 55, or the termination or impending termination of such person s services is due to superannuation, ill-health or infirmity; or the termination of the person s services is a result of the employer having ceased trading or where he/she has affected a general reduction in personnel or a reduction in personnel of a particular class. NOTE: This exemption does not apply where the employer is a company and the employee concerned was at any time a director of the company or at any time had more than 5% of the company s issued share capital. SETA (Sector Education & Training Authority) Registered with SARS under the auspices of Dept. of Labour 24 Each Business Sector has a SETA designation and codes for each type of possible subjects in which training may be available to improve service delivery. The accreditation of these training modules and cost of training may be referred to the relevant SETA for more information. Claims may be submitted to the specific SETA for accredited training of employees.

25 Tax and other filings 1. Monthly filings EMP201 Tax return (To be submitted and paid before the 7th of the following month) UIF electronic submission (At end of month) 2. Quarterly, bi-annual & annual filings Bi-annual EMP501 tax reconciliation for first 6 months (Sep/Oct) 0277-E Employment Statistics report (Apr/Jul/Oct/Jan) IRP5 & IT3a tax certificates at tax year-end (March/April) EMP501 tax reconciliation for full 12 months period(march/april) W.A.s8 Workmen s Compensation return of earnings (March) EEA2 annual Employment Equity reports (October) Skills & Training SETA reports (October) 25

26 Questions & Answers 26

27 Useful Links

28 IPS Contact Information Please visit us on Please visit us on 28

29 Contact Information Greg Rose. Global Partner Network Manager Direct: Melanie Hughes, Marketing Manager Sales Enquiries Contact Numbers AMER: APAC: EMEA:

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