What does a SARS completion/verification letter mean?

What does a SARS completion/verification letter mean?

What is a verification: 

Being selected for an audit and verification are two different processes. With a verification, SARS is doing a face value verification of the information declared by the taxpayer on the declaration or in a return. This involves the comparison of the information on the return against the financial and accounting records and/or other supporting documents. All this is to ensure that the declaration/return is a fair and accurate representation of the taxpayer’s tax position.


Remember, in terms of the Tax Administration Act, the onus is on the taxpayer to provide supporting documentation in order to prove that the deductions and information on their declaration are reasonable, fair and accurate.


Who can be selected for verification:

Any taxpayers can be selected for a verification process for the purpose of proper administration of tax. The selection can also be done on a risk basis.


What should I do if I am selected for verification:

SARS will notify the taxpayer if they have selected them for verification. The letter issued will state what the taxpayer must do or provide to SARS. The letter will also notify the taxpayer to check their tax return and to make any correction if there are any discrepancies on their tax return. The taxpayer will be given 21 business days from the date of the letter in which to provide the supporting documents and schedules.


The supporting documents or schedules can be submitted via eFiling or manually at the SARS branch near you.


During the verification, you can expect to get another letter requesting additional information if the relevant material initially supplied was not sufficient to finalize the verification. If you are due for a refund, you may not get this until the verification process is finalised.

 


What happens if you do not respond to the verification: 

If you choose not to respond, SARS may:

  • Issue a second letter reminding you to submit relevant information
  • Issue a final request for relevant information
  • If you still do not respond, a SARS official will contact you telephonically and request that you submit the necessary relevant material within 5 business days.
  • Should you still not respond, SARS may raise an assessment based on information readily available or obtain from a third party.

NB: It is always best to respond to all queries as quickly as possible. There is a possibility of penalties and interests

 


What to expect when verification is completed: 

You will receive a completion letter notifying you of the verification outcome. If all went well, this letter will normally notify you that no adjustments have been made. In that case, SARS will not be making adjustments to their assessments. If you are due for a refund, it should be paid out in 7 working days (provided you have no tax debt due or outstanding tax returns from prior years). If you were the one owing SARS, the amount due will remain payable.

 


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Can I deduct home office expenses?

Can I deduct home office expenses?

These days the work culture has changed. Since lockdown was introduced. Some companies had to close shop and some employees were required to work from home. Also and in general, the world is changing and so is the way people work and interact. Many people, like myself, prefer working from home. Working from home has become a normal thing. The GIG economy will also make working from home just another normal thing.


Luckily, SARS allows home office deductions if certain conditions are met. However, it is important to note that SARS often than not flag returns with home office expenses for audit. So it is important that one correctly and accurately claims these deductions.


It is worth understanding the rules around home office expenses as they are allowed under certain circumstances. Not everyone may end up deducting home office expenses.


Having said this, it is important to point out that the situation is different for self-employed people or what we would term sole proprietors or freelancers who work from home. These taxpayers can automatically deduct their home office expenses. These taxpayers (self-employed, sole proprietors, freelancers) do not need to work through the tight conditions required for one to be able to deduct home office expenses. They simply have to include their home office expenses with the local business, trade and professional income on their tax return.


What is required to be able to deduct home office expenses? 

  • The employer must allow the taxpayer to work from home. So, you can’t just work from home because you want to. Your employer must give you express permission to work from home.
  • The taxpayer must spend more than half of their total working hours working from their home office.
  • The part of the home in respect of which a claim is submitted must be occupied for purposes of a “trade”, as defined in section 1. So, in essence, there should be a specific part of the home that is used exclusively for this purpose. As an example, a specific set aside office must be kept aside for the trade. A taxpayer meeting with a client in the bar area of their home may not qualify for these deductions.
  • Building from the point above, the part that is so occupied must be specifically equipped for purposes of the trade. So, it is important that space/office must be specially fitted with the relevant instruments, tools and equipment required for the taxpayer to perform their work.
  • The part must be regularly and exclusively used for purposes of the trade. As an example, taxpayers who earn a commission but who spend the majority of their time on the road visiting clients and performing their work at the client’s premises do not qualify for home office expense deduction.

What expenses can be deducted? 

First, one needs to check the taxpayers’ remuneration structure to see if they are:

  1. A commission earner, that is, takes more than 50% of their total remuneration from the commission or some other variable form which is based on their performance.
  2.  A normal salaried employee with variable payments/commission making up less than 50% of their total remuneration.

The commission earners can deduct the following:

  • Rent
  • Interest on bond
  • Repairs to premises
  • Rates and taxes
  • Cleaning
  • Internet
  • Wear and tear and
  • All other expenses relating to their house as well as other commission related business expenses (such as telephone, stationery, repairs to printers, maid answering phone in your absence etc)

The salaries employee with variable payments/commission making up less than 50% of their total remuneration can deduct:

  • Rent of the premises
  • Interest on the bond
  • Cost of repairs to the premises and other expenses in connection with the premises
  • Rates and taxes
  • Cleaning
  • Internet,
  • Wear and tear and all other expenses relating to their house only.

How to calculate the home office deduction: 

One would need to work out/measure the total square meterage of the office in relation to the total square meterage of the house. This is then converted into a percentage. The percentage is then used to apportion the expenses that can be used for home office deductions.


Example:

Mrs taxpayer is a software engineer who works for Corona Company Pty Ltd. Her remuneration consists of a salary only (no commission.) Her Company allows her to work from home three days per week. Mrs taxpayer has a separate office at home, fitted out with a computer and printer, which she uses exclusively for her software engineering job. Her office is 30 square meters, and the floor space of her entire home (including the office) is 300 square meters.


During the tax year, she incurs the following expenses:

– R120, 000 interest on a bond

– R36, 000 rates and electricity

– R36, 000 paid to the cleaner

– R5, 000 roof repairs

– R12, 000 cell phone expenses


Based on the above information, Mrs taxpayer qualifies for home office deduction. Based on the space occupied by her home in relation to the entire house, the apportionment ratio is 10% (30/300).


Therefore her home office deduction is 10% x (120 000 + 36 000 + 36 000 +5 000) = R19 700.

Her cell phone costs will not be deductible since she is not a commission earner.


Will I qualify for a home office deduction for the 2021 tax season? 


The 2021 tax season started 1 March 2020 and ends 28 Feb 2021. To be able to claim home office expenses you would need to have met the conditions specified earlier. You will also need to have ended up working from home for more than six months of the tax year. That is, you would have worked from home until at least the end of September 2020.


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