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Summary of tax proposals from Budget 2009 focusing on green initiatives, sustainable development, tax relief, and revenue generation during economic slowdown.
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Tax Proposals: Budget 2009 12 February 2009 National Treasury & SARS
Tax policy objectives for 2009/10 • Protecting the environment for future generations • Green tax budget to support environmental initiatives • Main aim is to change behaviour, as not significant from revenue perspective • Promote sustainable development, energy efficiency and investment in new technologies • Boosting household confidence, via PIT relief • Fiscal drag and real tax relief, change in brackets, primary rebate and some thresholds • Supporting mining and private sector investment • Delay in implementation of the Mineral and Petroleum Resources Royalty Act (2008) until 2010 • 2008 industrial policy tax incentives implemented in 2009 • Raising sufficient revenue as economy slows down
Summary of main tax proposals • Environmental Fiscal Reform: • Tax for investments in energy efficient technology • Favourbale tax treatment of primary CERs resulting from the clean development mechanism • Reforms to the motor vehicle ad valorem excise duties • Implementation of the electricity levy announced in Budget 2008 • The taxation of energy-intensive light bulbs • An in crease in the general fuel levy • Increase in the plastic bag levy • An increase in the international air passenger departure tax • Individuals: • Personal income tax relief for individuals amounting to R13.6 billion • Reviewing the tax treatment of travel (motor vehicle) allowances to improve the equity and transparency of the tax system • Amendments to the treatment of contributions to medical schemes • Adjustments to the tax-free interest income thresholds (savings) • Business: • A final set of amendments to support the dividends tax reform • Delay the implementation of the mineral and royalties to 1 March 2010 • Incentives for investments in energy-efficient technologies • Favourable tax treatment of income from primary certified emission (green house gasses) reduction (CERs). Making certified emission reduction credits tax exempt or subject to capital gains tax, instead of normal income tax • Other Indirect taxes: • Increases in the Road Accident Fund (RAF) levy • Tax-sharing arrangements with municipalities • Increases in excise duties on alcoholic beverages and tobacco products
Emission charges and taxes: taking forward our 2008 announcements • SA is a significant Green House Gas (GHG) emitter • Coal combustions account for more than 40 per cent of carbon emissions • Recent reports the Economics of Climate Change emphasized the use of appropriate market-based instruments (charges, taxes, tradable permits and incentives) to support and complement regulatory measures to address concerns wrt to emissions in general and climate change in particular • The National Treasury will in consultation with DEAT and other stakeholders further investigate specific instruments to address concerns about both climate change local air pollution • The electricity levy should be viewed as a first step in this direction • Reforms to the ad valorem excise duty on motor vehicles to include environmental criteria such as engine capacity, fuel efficiency and level of emissions will be considered
Environmental Fiscal Reform (1) Draft policy paper on Environmental Fiscal Reform released for public comment in April 2006 Incentives for cleaner production – energy efficiency • It is proposed that investments in energy-efficient equipment should qualify for an additional allowance of up to 15 per cent on condition that there is documentary proof of the resulting energy efficiencies, certified by the Energy Efficiency Agency. Taxation of incandescent (filament) light bulbs • The introduction of an environmental levy on incandescent light bulbs to promote energy efficiency and reduce electricity demand is proposed. Energy-saving light bulbs last longer, require five times less electricity and result in lower greenhouse gas emissions. It is recommended that an environmental levy of between 1 cent and 3 cents per watt (about R3 per bulb) be levied on incandescent bulbs at the manufacturing level and on imports from 1 October 2009 Plastic bag levy • The levy on plastic shopping bags was introduced at 3 cents per bag in 2004/05. Together with the agreement between government and the retail sector to charge for such bags, this levy has helped to reduce waste. It is proposed to increase this levy to 4 cents per bag from 1 April 2009. International air passenger departure tax • The international air passenger departure tax, which stands at R120 per passenger on flights to international destinations and R60 on flights to Southern African Customs Union member states, was last raised in 2005/06. It is proposed to increase these amounts to R150 and R80 respectively from 1 October 2009.
Environmental Fiscal Reform (2) Certified emission reductions to receive favourable tax treatment • South Africa’s greenhouse gas emissions rank in the top 20 in the world, contribute 1.8 per cent to global emissions and are responsible for 42 per cent of Africa’s emissions. • The clean development mechanism established in terms of the Kyoto Protocol allows for certified emission reductions (CERs) to be issued to recognise progress in reducing the release of greenhouse gases into the atmosphere. There is, however, uncertainty with regard to the income tax treatment of CERs, which could be one reason for the slow take-up of such projects in South Africa. It is proposed that income derived from the disposal of primary CERs be tax–exempt or subject to capital gains tax instead of ordinary income tax. Secondary CERs are to be classified as trading stock and be taxed accordingly. Motor vehicle ad valorem excise duties • Policy measures to address the environmental and social costs associated with the transport sector, such as reforms to vehicle and fuel taxation, seek to promote fuel efficiency, limit the rapid growth of the number of vehicles on our roads and encourage the use of public transport. • Improved fuel efficiency is important in curbing the growth in greenhouse gas emissions. It is recommended that the existing ad valorem excise duties on motor vehicles be adjusted to incorporate CO2 emissions as an environmental criterion as from 1 March 2010. Increasing the general fuel levy • Increase in the general fuel levy – partly for environmental considerations
Travel (motor vehicle) allowances: Business travel - deemed vs. Actual
Medical scheme contributions and medical expense • From 1 March 2009 monthly monetary caps for tax-deductible contributions to medical schemes increases from R570 to R625for each of the first two beneficiaries, and from R345 to R380 for each additional beneficiary. • These deductions to be converted into non-refundable tax credits by 2011/12. The proposed tax credits will be equal to about 30 per cent of the prevailing deductions. • For additional medical expenses that currently qualify for a deduction, the tax credit will be set at about 30 per cent of such allowable expenses. • It is also proposed to do away with the concept of fringe benefit tax-free medical scheme contributions. All contributions paid by an employer will be regarded as taxable and the employee will be permitted to claim a tax deduction (or a credit) for contributions up to the cap. This measure is intended to reduce administrative procedures; the net tax impact should be neutral for both employee and employer.
Tax deductibility of post-retirement medical contributions • Contributions towards medical schemes on behalf of pensioners on a pay-as-you-go basis are deductible by the employer for income tax purposes. • Accounting practice requires companies to reflect future obligations with respect to medical contributions for already retired employees as a liability on their balance sheets. For this reason some companies prefer to settle these obligations as once-off payments directly to their retired employees. Other companies opt to make a once-off contribution towards an insurance-type product that will take over liability for some or all of the future medical expenses/contributions to a medical scheme on behalf of retirees. • Such contributions will in future be deductible immediately and not spread over a period of time. The pre-conditions should be that the company making such contributions should not derive any direct benefits from such payments. There must also be no possibility of a return of the funds to the employer or a redirection of the use of the funds.
Provisional tax for taxpayers 65 years and older • Individuals 65 years and older are exempt from provisional tax if they are not company directors and only receive employment income, interest, rental or dividends amounting to taxable income of up to R80 000. • To maintain the benefit of reduced paperwork for pensioners stemming from this exemption, it is proposed that the threshold be increased to R120 000.
Tax-free interest income • To continue to encourage it is proposed to increase the tax-free interest-income ceiling • from R19 000 to R21 000 for persons below the age 65 and • from R27 500 to R30 000 for persons aged 65 and above. • It is also proposed to increase the tax-free income ceilings for foreign dividends and interest from R3 200 to R3 500, and • The annual exclusion ceiling for capital gains and losses for individuals from R16 000 to R17 500.
Annexure C Highlights:Individuals & Employees Income Tax • Learnership incentive: • Simplification • Pre-1998 retirement benefits for some government employees: • Tax-free treatment of reinstated benefits Estate Duty • Portable 3,5 million deduction: • Free transfer between spouses • Timing and recovery: • Cut-off once estate is closed • 1-year usufructuary interests: • Closure of schemes
Annexure C Highlights:Business Income Tax • Securities lending: • Closure of schemes • Underwater telecommunication cables: • 5% depreciation • Telecommunication license consolidation: • Tax-free rollover • CFC rulings relief: • Streamlined exceptions Indirect Taxes • VAT reorganisations: • VAT limited to change in use (SARS - interpretation note)
Tax Administration (1) • A set of incremental changes is proposed to underpin the SARS modernisation agenda: • To require employer reconciliations of employees’ tax more frequently than once a year, together with the extension of the reconciliations to skills development levies and UIF contributions. • Reinstatement of employers’ obligation to obtain and maintain certain employee data (originally known as the IRP2 and done away with in 1995), and to report this data as required. • Permitting SARS to provide employees’ tax reference numbers and certain other non-financial data to their employers. • Requiring other third-party data providers to include taxpayer reference numbers – which will be available in many cases due to requirements of the Financial Intelligence Centre Act (2001) – with the data they provide. • Alignment of estimated assessment, interest and additional tax provisions across personal income tax, the skills development levy and UIF contributions.
Tax Administration (2) • Key customs modernisation measures were introduced in 2008 and supporting amendments are anticipated in 2009. • Changes for SARS’s administered revenue include: • Moving to a single taxpayer account across different tax types • Use of a single interest rate on underpayments and overpayments • Charging compound interest instead of simple interest • A revised payment allocation rule that generally sets payments off against the oldest outstanding debt. • Potential for single taxpayer registration across multiple taxes and automatic income tax registration for employees to improve service and efficiency.
Annexure C • Annexure C contains: • Listed miscellaneous amendments to cater for minor changes, eliminate isolated avoidance loopholes or correct unintended anomalies working against taxpayers, and • Technical corrections
