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Tax Relief for South African Retirement Annuity Policie |
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Written by Artur Illmer
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Sometime
ago I penned a series of articles on retirement annuity fund policies. Amongst
others I elaborated on the conundrum surrounding so-called South African
policies.This problem is not only encountered with such
policies taken out with insurers that are no longer represented in Namibia, but
also with local insurers where such funds were located in South Africa prior to
certain cut off dates.
Retirement
annuity policies are a breed of their own since they are extensively addressed
by amongst others income tax legislation and pension fund legislation.
These
policies receive their own peculiar treatment when it comes to income tax
provision on contributions as well as payment of benefits on death or
retirement.
The
tax treatment in South Africa is very different to that in Namibia. A South
African retirement annuity policy is generally accepted to fall within the
ambit of the South African income tax legislation. Double taxation agreements
between Namibia and the RSA may offer some relief, but that is limited. This is
especially the case when it comes to the taxation of lump sum benefits that may
be payable by such a fund.
This
is often the so-called one-third of the proceeds on retirement or a formula
based amount in the event of death prior to retirement. In South Africa
however, this is not the case. There only a portion of such a lump sum is tax
free and any excess above the tax free portion was taxable according to an intricate
averaging formula.
The
tax free portion was limited to the greater of R120,000 or R4500 multiplied by
the years of membership of the fund. This tax free portion can be increased by
any contributions that were paid and were disallowed as a tax deduction by the
South African revenue authorities.
From
1 October 2007 onwards, these intricate taxation formulae have been replaced
with a more simplified and possibly beneficial tax calculation. From now on,
the first R300,000 of such lump sum plus disallowed contributions are tax free.
For lump sums falling between R301,000 and R600,000 a flat 18% tax rate will be
applicable while from R601 000 to R900,000 a flat 27% income tax rate will be
payable. For lump sum amounts in excess of R900 000 a flat rate of 36% for
income tax will be deducted.
These
are substantial increases on the existing tax free portions and should spell
good news for most South African currency retirement annuity policies.
Another
aspect that needs mentioning is the option that one has on retirement annuity
policies of having the full proceeds paid out in a lump sum instead of only
one-third in cash and the remainder to be used for a monthly pension.
This
option is available when the total proceeds payable is below certain prescribed
limits. This is primarily dome to cut out the problems of paying out small
uneconomical payments.
In
Namibia this option is available if the total proceeds is less than N$20 000.
South Africa has this limit at R25200. They have also realized that to work
with such small amounts is uneconomical.
From
now on if the maturity proceeds of a South African retirement annuity policy is
below R75000, such proceeds can be taken in one lump sum and need not be used
to purchase a pension income.
If
you therefore sit with small retirement annuity policies in South Africa and
you can legally retire, then you may have a look at this option to avoid only
receiving one-third of the proceeds in cash and a small pension in the future.
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