Retirement Benefits - 2023

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Question Bank

2023

Retirement Benefit
Question 1
You have been provided with two queries relating to two taxpayers who are South
African tax residents relating to their 2023 year of assessment as follows:

Resident 1: Belinda Sebake


Belinda Sebake retired on 30 June 2022 and received a lump sum of R500 000 from
her Retirement Annuity Fund on 15 July 2022. No Pension Fund and Retirement
Annuity Fund contributions were brought forward from the prior year of assessment
and all current year contributions to retirement funds were allowed as deductions
against income tax in terms of section 11F.

Resident 2: Remember Chauke


Remember Chauke is a 35 years South African Tax resident who was retrenched by
his employer in the 2023 year of assessment. The employer is still suffering the effects
brought about covid-19, although it tried to keep all its employees since 2020 it just
could not return to its glory days and these prolonged financial difficulties meant that
the company had to cut down on some costs in order to ensure that it continues
running. As part of its cost cutting plans, some employees including Remember had to
be retrenched. He was retrenched on 28 February 2023 and he received a
retrenchment package (a lump sum) amounting to R150 000.

YOU ARE REQUIRED TO:


# MARKS

1. Discuss the Income Tax implications for the two taxpayers for their 2022 year of 14
assessment relating to the lump sums they have received.

Logic and presentation 1

Question 2
Kgothatso was 57 years old on the date she resigned; she received the following
benefits on her resignation:
1. Kgothatso received a R1 500 000 lump sum from his employer on 31 August 2022.
2. Kgothatso received a lump sum of R500 000 from the Retirement Annuity Fund and
monthly annuity of R64 500 from 30 September 2022. She retired from the Retirement
Annuity Fund on 1 September 2022.

YOU ARE REQUIRED TO:


# MARKS

1. Calculate the tax on the lump sums received by Kgothatso in her 2023 year of 10
assessment.

Question 3
On 30 November 2022, six years before Horton Wood was due to retire from his
employment by Putt-Tee Golf Accessories Limited, a motor car accident claimed his life.
For the past seven years he had been its managing director. He was a resident of the
Republic.

Under Horton Wood's contract of employment, from the time of his promotion to managing
director of Putt-Tee Golf Accessories Limited, he enjoyed a monthly salary of R41 700.

Horton Wood was a member of Putt-Tee Golf Accessories Provident Fund. This fund is
the only retirement fund that he has been a member of.
To the time of Horton Wood's death, he had been a member of the fund for 22 years. On
his death, a lump-sum award of R1 800 000 became payable to his estate. He had
contributed a total of R390 000 to it during his years of membership, his contributions
being at the rate of 5% of his gross salary. Up to 29 February 2016 he had contributed
R296 175 to it.

The number of years Horton Wood would have served had he reached retirement age
were taken into account in arriving at the lump-sum award of R1 800 000.

Horton Wood was 53 years of age when he died, and apart from the amounts as set out
above, no other amounts were received by him or accrued to him during his 275-day 2023
period of assessment.

You are required to determine


1. The taxable portion of Horton Wood's provident-fund award, and
2. His South African normal tax liability for his 275-day 2023 period of assessment.
Solution Bank
Question 1
Discuss the Income Tax implications for lump sums
Belinda: lump sum from retirement funds
- The lump sum will be included in gross income √
- However the lump sum be deducted as it will be taxed separately using special tax
tables √
- The taxpayer has reached retirement age √
- Therefore will be taxed according to the retirement fund lump sum benefit tax table √
- The will no tax payable on this lump sum √ as R500 000 was received and the first
R500 000 of retirement fund lump sum benefit is tax free √

Remember: lump sum from ER


- Lump sums received from ER on termination of service/employment are either taxed in
full or at special rates in terms of gross income definition √
- If the lump sum received meets the requirements of a Severance Benefit, the lump will
be included in gross income (paragraph (d)) but taxed at special rates (severance
benefit table) √
- If the lump sum received does not meet the requirements of a Severance Benefit, the
lump sum will be taxed in full (included in gross income in terms of paragraph (c)) √
- The lump sum received will meet the requirement of a Severance Benefit √ due to the
following:

• He is not 55 years old or older √


• He has not retired due to ill health, superannuation or an infirmity √
• Employer did not cease to carry on trading √, they were however retrenched by
the ER √
- Therefore the R150 000 lump sum will be included in gross income in terms of
paragraph (d) √ and taxed using special tax table √
Available marks: 16
Maximum marks: 14
Communication mark: 1
Question 2

Tax on lump sums


1. Severance benefit
Current lump sum 1 500 000
Previous lump sums 0
Aggregate 1 500 000 √
Tax (1500 000 - 1 050 000)x 36% √ + 130 500 √ 292 500

2. RAF We use retirement fund lump sum benefits tax


table
as she reached retirement age √
Current lump sum 500 000
Previous lump sums 1 500 000
Aggregate 2 000 000 √
Tax (2 000 000 - 1 050 000) x 36% √ + 130 500 √ 472 500
Aggregate less current lump 1 500 000
sums (2 000 000 - 500 000)
Tax (1500 000 - 1 050 000)x 36% √ + 130 500 √ 292 500
Tax payable on RAF (472 500 - 292 500) 180 000 √p

Question 3
Horton Wood
Suggested Solution to Part 1
Lump sum 1 800 000

Less non-taxable portion – contributions previously not deducted (in the determination of Horton Wood’s
taxable income) (R390 000 – R18 765 (see below))
296 175

Taxable portion 1 503 825


Suggested Solution to Part 2
Salary (9 × R41 700) 375 300

Less contributions to the provident fund of R18 765 (R375 300 × 5%) deductible in the determination of
Horton Wood’s taxable income under section 11F but limited to the least of

• R350 000,

• R375 000, and

• R103 208 (27,5% of (R375 300) 18 765

356 535

Add taxable portion of his lump sum benefit (see above) 1 503 825
Taxable income 1 860 360

Less retirement fund lump-sum ‘retirement’ benefit 1 503 825

Taxable income excluding retirement fund lump-sum ‘retirement’ benefit 356 535

Schedule tax payable on a taxable income of R356 535

– On R353 100 73 726,00

– On R3 435 at 31% 1 064,85

Normal tax payable (section 5) 74 790,85

Less rebate:

– Primary (section 6) for 275 days (R16 425 × 275 / 365) 12 375,00

Normal tax liability excluding retirement fund lump-sum ‘retirement’ benefit 62 415,85
Add normal tax on retirement fund lump-sum ‘retirement’ benefit of R1 503 825

– On R1 050 000 130 500,00

– On R453 825 at 36% 163 377,00 293 877,00

Normal tax liability 356 292,85

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