PAYE and Fringe benefit

[Pages:149]PAYE and Fringe benefit

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Definitions - Employer Par 1 ? Fourth Schedule

Employer (Par 1 of Fourth Schedule )

Any person who pays or is liable to pay to any person any amount by way of remuneration. ? Including an executor or an administrator of a benefit fund,

pension fund, pension preservation fund, provident fund, provident preservation fund, retirement annuity fund or any other fund. ? Including any person who is responsible for the payment of remuneration to any person under the provisions of any law or out of public funds or out of funds voted by Parliament or a provincial council. ? NB `Person' is defined in s1

Definitions - Employee Par 1 ? Fourth Schedule

Employee (Par 1 of Fourth Schedule)

Any person, other than a company, who receives or to whom remuneration accrues (taken to include directors of public companies)

A person who receives remuneration by reason of services rendered by that person to or on behalf of a `labour broker'

A labour broker (LB) A personal service provider Director of a private company A person or a class or category of persons whom the Minister

of Finance declares to be an employee for the purposes of the definition by notice in the Government Gazette(referred to as a `declared employee')

Definitions

Person paying or liable to pay

? Employer

Remuneration

Person receiving

? Employee

Definitions ? Remuneration Par 1 ? Fourth Schedule

? Amount of Income ? paid or payable ? to any person ? by way of any:

? salary or wages ? leave pay or allowances ? bonus or gratuity ? overtime pay ? commissions or fees ? emoluments or pensions

? whether in cash or otherwise, and ? whether or not for services rendered

Remuneration specifically includes:

GI (a) ? Annuities from an employer, including s10A annuities;

GI (cA) ? Restraint of trade payment (labour broker(no exemption certificate) or personal service provider GI (cB) ? Restraint of trade payment to a natural person

GI (c) - Any amount including voluntary awards received for services rendered or to be rendered;

GI (d) ? Lump sums received from employers (gross amount);

Remuneration specifically includes:

(e) ? Retirement

fund lump sums

GI (f) ? Amounts received in commutation of amount under employment contract

GI (eA) ? Amounts from Public Sector Pension Funds

(i) ? Fringe Benefits (Cash Equivalent as determined per the 7th Schedule)

Remuneration specifically includes:

s8 ? Allowances

Section 8B Gain

Section 8C Gain

S7(11) Amounts received in terms of a maintenance order

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