As we approach #Budget2018 day, Rob Cooper (tax expert and Director of Legislation at Sage, and chairman of the Payroll Authors Group of South Africa)has a few thoughts about what the Minister could clarify in his statement.
Government already faces a yawning budget deficit, aggravated by the need to find billions of rand to fund a new and unbudgeted-for commitment to free tertiary education.
While some spending cuts could help to release funds, we can expect a one to two percentage point increase in VAT, steep hikes to fuel levies and sin taxes, higher capital gains taxes, and perhaps even personal income tax hikes for high income earners. We’re also likely to get more info on new taxes such as the carbon tax.
Personal taxpayers, with the exception of low-income earners, should probably not expect the Finance Minister to adjust personal income tax brackets and rebates to fully cater for the effect of inflation. In other words, even if your salary is worth less as a result of inflation, you should probably not be hoping for your effective tax rate to come down to compensate.
Here are three other things I’m looking out for in this year’s budget, each of which will have a major effect for employees and employers alike:
1. National Health Insurance
One of the big will-he-or-won’t-he questions the Finance Minister faces this year is whether to do away with the modest tax credit taxpayers receive for their medical aid payments. Government is eyeing an estimated R25 billion in funds from scrapping these tax credits, to be used to fund the incoming National Health Insurance scheme.
Many of us expected Minister Malusi Gigaba to announce this move in his Mid-Term Budget Speech in October 2017, but he held back. The move is likely to be contentious since a National Treasury analysis shows that 56% of the total credits claimed in 2014-2015 accrued to around 1.9 million taxpayers with a taxable income below R300,000.
In other words, the medical aid credit makes decent healthcare affordable to millions of people who might not otherwise be able to afford it. Taking it away could have dire consequences for the health of millions of lower income South Africans and put even more strain on an already pressurised public healthcare system.
Related: Budget Speech: The Impact on SMEs
2. Travel reimbursements and allowances
Travel reimbursements have long been a pain point for many employers and employees. Up to 28 February 2018, a portion of an employee’s travel costs was treated as remuneration when:
- The per-kilometre rate used to calculate the travel reimbursement was greater than the SARS-prescribed rate per kilometre.
- An employee is reimbursed for more than 12,000 business kilometres are reimbursed during the tax year.
- The reimbursement value was greater than the prescribed maximum number of business km (12 000 km for 2018) multiplied by the prescribed rate per kilometre (R3,55 for 2018).
The result was that skills development levies and UIF contributions were added to something that should be considered as an operational cost rather than a payroll cost. This in turn increased the employer’s cost of employment. These levies and contributions were not assessed at the end of the tax year, so employers could not claim a refund.
We have long argued this regulation should be changed to be fairer to employers and employees alike. As a first step in the right direction, SARS has announced a simplification of the travel allowance and the travel reimbursement provisions, with effect from 1 March 2018.
Under this change, only the portion of the value of the travel expenses reimbursed at a rate above the ‘prescribed’ rate per kilometre will be treated as remuneration. However, in future, we would like to see SARS handle travel reimbursements in the same way as it treats subsistence allowances for employees when they travel.
The excess portion of the subsistence allowance will be taxed on assessment, but it is not remuneration for the purposes of Pay-As-You-Earn (PAYE), skills development levies and UIF.
3. Employment Tax Incentive
I’m a fan of the Employment Tax Incentive (ETI) as an innovation geared towards addressing South Africa’s youth unemployment crisis, and the decision to extend the programme until the end of the 2019 tax year is welcome. However, administration of the scheme has always been complex for SARS and employers alike, a factor that has made some companies hesitate to take advantage of it.
Though SARS and the National Treasury have tweaked the ETI over the years, I would welcome further simplification of the definitions and calculations. That said, I don’t expect much news about the ETI this year, apart from alignment with the National Minimum Wage expected to be introduced from 1 May 2018.
Follow us on @SageGroupZA on 21 Feb for LIVE expert insights from the annual Budget Speech.
For more information about Sage’s annual tax seminars, please visit: http://go.sage.com/NPS_18Q1_C4L_ZA_EVCU_HR0310_20thAnnualPayrollTaxSeminarLP
The Workspace And MiWay Announce Entrepreneur Competition
To celebrate their collaboration at Village Road, The Workspace and MiWay are launching a competition for South Africa’s entrepreneurs that will see the winner/s given a major advantage to further grow their business.
Space solutions and coworking specialist, The Workspace, and insurance company, MiWay, recently joined forces at The Workspace’s premises in Village Road, Selby where they have launched an entrepreneurial hub and business development programme in the Johannesburg CBD.
The competition is open to entrepreneurs based in South Africa who have valid identification documents, who run a business with four or less employees and are making an impact in their industry.
“We have always believed in assisting entrepreneurs and small business owners who are members of The Workspace community in whatever way we can. This entrepreneur competition takes it to the next level, giving a voice to our belief in entrepreneurship and its ability to create jobs,” says Mari Schourie, CEO of The Workspace.
Morné Stoltz, head of Business Insurance at MiWay, says both companies are committed to upliftment initiatives and economic development. “The entrepreneur competition is a call to action to those vibrant entrepreneurs out there. Start-ups always need a bit of a hand-up and the winner of this one will have a serious advantage once the competition has gone through its paces,” he said.
Schourie and Stoltz agree they’re looking for an entrepreneur who has reinvented the way business is done in his/her industry. “Someone who has been innovative in the product or service being offered to the market,” says Schourie.
“We are looking for an entrepreneur who has or is busy creating a special environment where employees can flourish, and in the process, potentially creating more jobs,” Stoltz adds. “An entrepreneur who makes an impression on the judges due to aspects such as the business’ social impact, attitude, positive entrepreneurial outlook and a good business mind”.
The prize on offer – worth over R230 000 – will help set-up the winning entrepreneur for a period of 12 months, giving them a boost to help build their business.
All information on the Entrepreneur Competition is available on The Workspace website, including criteria, terms and conditions, and of course, the prizes.
For queries, please email firstname.lastname@example.org
Pregnancy: What Are Employee’s Rights?
From the 12-16 is Pregnancy Awareness Week and a labour law expert talks about rights around pregnancy for employees and employers.
Anticipating the birth of a baby is an exciting time for soon-to-be parents, but it can be stressful for couples as they negotiate companies’ leave policies and a possible reduction of income.
Jennifer Da Mata, Managing Director of Strata-G Labour Solutions, says employees need to familiarise themselves with their employers’ policies to ensure they understand what their rights are. “According to South Africa’s Basic Conditions of Employment Act (BCEA), female employees have the right to four consecutive months’ unpaid maternity leave.
“An employee may commence maternity leave any time from four weeks prior to the expected date of birth, or on a date determined by a medical practitioner or midwife as necessary for the protection of the employee or unborn baby’s health.
“The balance of leave needs to be taken after the baby is born, bearing in mind that no employee may work for six weeks after the birth of the baby, unless a medical practitioner or midwife certifies the employee is fit to resume her duties,” adds Da Mata.
There is no provision in South Africa’s legislation that stipulates when employees need to inform employers that they are pregnant. Employees must, however, notify their employers in writing on when they intend to commence maternity leave and when they expect to return to work.
Da Mata notes that some companies offer paid maternity leave, but this is at their own discretion. “Companies may offer employees full pay or a portion of their salary, as they see fit, but they are not legally obliged to do so. Employees who are not remunerated while on maternity leave are entitled to claim maternity benefits through the Department of Labour.”
And what about paternity leave?
According to Da Mata, employees are not entitled to paternity leave in terms of the BCEA, although one of the major amendments proposed to this Act includes making provision for paternity leave. “It is proposed that 10 consecutive days’ paternity leave be granted to a father following the birth of a child.
“Some companies have already adopted paternity leave as part of their human resource policies. We urge companies that haven’t done so yet, to keep the proposed amendments in mind when reviewing their internal company policies,” he says.
Currently, fathers are entitled to three days paid family responsibility leave during each annual leave cycle for the birth of a child. However, it is likely that this leave entitlement will be replaced by the proposed paternity leave amendments. “While the 10 days leave is great news for fathers, it will take a huge chunk out of their salary if paternity leave is ultimately promulgated as unpaid leave,” says Da Mata.
As a matter of precaution employees need to ensure that their employers have registered them for Unemployment Insurance benefits. This will allow them to receive some benefit while on maternity or paternity leave. “Sections 34 and 37 of the Unemployment Insurance Act, 1966 (Act 30 of 1966), provide for the payment of maternity leave and legislative amendments will be proposed to Cabinet to improve these benefits,” explains Da Mata.
It is important for employers to note that in terms of section 187 (1) (e) of the Labour Relations Act, 1995, the dismissal of an employee on account of her pregnancy, intended pregnancy, or any reason related to her pregnancy, is automatically unfair. The definition of dismissal in section 186 of the Labour Relations Act, 1995, includes the refusal to allow an employee to resume work after she has taken maternity leave in terms of any law, collective agreement or her contract.
Da Mata says employers cannot unfairly discriminate against employees based on their pregnancy status. “If someone is dismissed for being pregnant, the dismissal may be held to be automatically unfair and the employee will be able to claim reinstatement or up to 24 months’ compensation in the labour court.
“Our advice to clients is to adhere to South Africa’s Labour legislation, be clear on their policies about maternity and paternity leave and consider the benefits of being on the right side of the law. This will ultimately cultivate a happy and productive workforce,” concludes Da Mata.
South African Millennials Key To Enforcing King IV
The eyes of the world are again fixed on South Africa, as the country finds itself at a turning point in its democratic history.
From state capture to large-scale corporate wrongdoing, 2018 will hopefully see the South African business society experience an age of ethical enlightenment, or run the risk of potentially alienating entire generation millennials (also known as Generation Y) and replacing the millennials, Generation Z.
While taking part in a King IV panel discussion hosted by Mazars in Johannesburg, Michael Judin, a notable South African attorney and member of the King Committee, stated that he believes millennials and Generation Z can play an integral role in ensuring local corporates apply a more ethical approach to corporate governance and comply with the King IV report. Judin was a member of the Task Team that wrote King IV released on November 1, 2016.
“The coming of age of millennials and Generation Z together with the rise of social media, have changed the global corporate environment. Businesses vehemently protect their image, by ensuring they adhere to strict ethical standards. When they are seen as having acted in an unethical manner, or have associated themselves with individuals or entities that are perceived to be unethical, more often than not, millennials Generation Z will demonstrate their disapproval,” he explains.
Judin uses the incident between Nestle and Greenpeace as a prime example of how public opinion can change a business. In 2010, the environmental organisation started a campaign against the world’s leading nutrition, health and wellness company for its use of suppliers that were responsible for causing deforestation in the Indonesian rainforest.
“The campaign, commonly known as the Kit-Kat campaign, was so powerful that the food giant had no choice but to change its ways. This proves that corporates can no longer avoid embracing good governance while still expecting an unblemished image,” he says.
King IV – No longer a tick-box approach
“The King IV report on corporate governance has moved away from the previous ‘tick-box’ approach and towards an outcome-based method, which means corporates actually need to enforce King IV and prove that they have done so. This is exactly what millennials and Generation Z are looking for,” he says.
Millennials and Generation Z have evolved into a generations that want to associate themselves with brands and organisations that are ethical and environmentally friendly. “Corporates spend millions each year to ensure that they change their business to be more environmentally friendly, in order to attract millennial and Generation Z clients,” says Judin.
King IV has also simplified and reduced the amount of governing principles to just 17, from the previous 75, enabling millennials and Generation Z (and those not falling within those categories) to easily understand what good governance entails.
“The King Committee has gone to great lengths to simplify the Code in King IV. Not only is it easier to understand, but it fits onto ‘one page’, which will cater for the ease of use millennials and Generation Z are always striving for,” explains Judin.
King IV must be part of corporate DNA
He stresses that the only way South African corporates will experience an age of ethical enlightenment, is for businesses to make King IV a part of their DNA.
“Every single employee must have ethics at the heart of everything they do. It doesn’t matter what industry you are in, ethics and good governance should be the basis. Not only will it create an ethical environment in our country, it will also empower employees to stand up if they start seeing something that doesn’t completely adhere to King IV,” says Judin.
The King principles have always been at the heart of Mazars and products it creates for its clients, says Frank Burgers, Director at Mazars Berenschot Africa in Johannesburg.
“We have a special relationship with the King Report, it has inspired us to further develop our services related to Good Governance. Like King IV, we didn’t develop a tick-box tool, but rather a guideline for a tailor-made approach for a client to assess their compliance with the King IV principles and outcomes. We start off by doing research (documents, media, interviews, etc) to understand the current status and then have interactions with the Governing Body to further check potential gaps and opportunities. It is very much a journey on which we embark with our clients,” says Burgers.
He adds that the perception in the corporate world is that King IV is just “another” requirement they must follow.
“Organisations should rather see it as an opportunity to improve their businesses. Our journey with our clients benefits them in three ways, firstly, they get a better understanding of the King principles and outcomes. Secondly, they can gauge their progress with regards to complying with the principles and outcomes. Lastly, and most importantly, they get more insight into how they can improve their businesses,” he explains.
Burgers is confident that 2018 should see a more ethical approach from corporates. “The media has done a great job in highlighting unethical behaviour in the industry and that is set to continue. This, in conjunction with the information available online, will see many more South Africans asking questions about doing business with unethical companies. Soon organisations will have no choice but to take an ethical approach in everything they do.”
Mazars is leading by example and is currently conducting its own King IV “audit” on itself.
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