Results 1 to 9 of 9

Thread: I dont think previous employer paid tax on sisters behalf. Assistance please

  1. #1
    Email problem Rafael's Avatar
    Join Date
    Oct 2012
    Location
    Johannesburg
    Posts
    129
    Thanks
    8
    Thanked 29 Times in 20 Posts

    I dont think previous employer paid tax on sisters behalf. Assistance please

    Hi everyone

    So my sister registered to do her e-filing.
    When she logged onto the e-filing, her IRP was not on the system for her.

    I asked her for the IRP5 she had received from the company as I would assist her to input the information, but it was for 2013 tax year and just one month.

    I told her to ask her employer for the 2014 IRP5. The employer said she would take it up with their tax person.

    This was over a month ago and now every week there are new excuses.

    Could it be possible that the employer never paid the tax over?

    The deadline is next month,can we report the company or how do we proceed from here.

    Any advice would be appreciated.

    Thank you
    You miss 100% of the chances you never take

  2. #2
    Diamond Member HR Solutions's Avatar
    Join Date
    Mar 2013
    Location
    Capetown/Jhb
    Posts
    3,256
    Thanks
    112
    Thanked 210 Times in 198 Posts
    When did she work ? From what date to what date ?
    HR Solutions - Recruitment Specialists - Johannesburg & Capetown Tel: 0861-045-263
    Upload your CV @ www.2hrs.co.za

    Biometric Fingerprint Criminal Checks (AFIS)

  3. #3
    Email problem Rafael's Avatar
    Join Date
    Oct 2012
    Location
    Johannesburg
    Posts
    129
    Thanks
    8
    Thanked 29 Times in 20 Posts
    From February 2013 until June 2014.

    He gave her an IRP5 just for February which was for the wrong tax year
    You miss 100% of the chances you never take

  4. #4
    Diamond Member HR Solutions's Avatar
    Join Date
    Mar 2013
    Location
    Capetown/Jhb
    Posts
    3,256
    Thanks
    112
    Thanked 210 Times in 198 Posts
    So he owes her an IRP5 form up to end Feb this year. (right now) and another one next year.
    Just as a matter of interest - her salary ?
    HR Solutions - Recruitment Specialists - Johannesburg & Capetown Tel: 0861-045-263
    Upload your CV @ www.2hrs.co.za

    Biometric Fingerprint Criminal Checks (AFIS)

  5. #5
    Diamond Member HR Solutions's Avatar
    Join Date
    Mar 2013
    Location
    Capetown/Jhb
    Posts
    3,256
    Thanks
    112
    Thanked 210 Times in 198 Posts
    Obligation of Employer to issue Employees' Tax Certificates

    Paragraph 13(1) of the 4th Schedule prescribes that an employer must furnish employees to whom remuneration is paid or has become payable and from which employees' tax in respect of a tax period was deducted, with an IRP 5 certificate within the prescribed period.

    If for a valid reason no employees' tax was deducted from the remuneration paid to an employee, an IT 3(a) return must be issued to the employee instead of an IRP 5 certificate.

    Paragraph 13(2) of the 4th Schedule prescribes that the employees' tax certificate must be delivered to the employee within —
    - sixty (60) days after the end of the tax year or alternative period;
    - fourteen (14) days after an employee has left the employer’s service;
    - seven (7) days after the employer has ceased to be an employer; or
    - a further period as the Commissioner under special circumstances may approve.

    A separate certificate may under no circumstances be issued to the employee in respect of the same remuneration and no blank certificates may be issued.
    HR Solutions - Recruitment Specialists - Johannesburg & Capetown Tel: 0861-045-263
    Upload your CV @ www.2hrs.co.za

    Biometric Fingerprint Criminal Checks (AFIS)

  6. #6
    Platinum Member Mike C's Avatar
    Join Date
    Apr 2012
    Location
    Durban
    Posts
    2,195
    Thanks
    205
    Thanked 307 Times in 265 Posts
    Hi Rafael - is tax shown as deducted on her paylips?
    An education isn't how much you have committed to memory, or even how much you know. It's being able to differentiate between what you do know and what you don't. - Anatole France

  7. #7
    Email problem Rafael's Avatar
    Join Date
    Oct 2012
    Location
    Johannesburg
    Posts
    129
    Thanks
    8
    Thanked 29 Times in 20 Posts
    Quote Originally Posted by HR Solutions View Post
    So he owes her an IRP5 form up to end Feb this year. (right now) and another one next year.
    Just as a matter of interest - her salary ?
    Yes you are correct, her salary was R16 000

    Quote Originally Posted by Mike C View Post
    Hi Rafael - is tax shown as deducted on her paylips?
    Yes, that is what I don't understand.
    I am going to ask her for all her payslips, then approach the employer
    You miss 100% of the chances you never take

  8. #8
    Diamond Member HR Solutions's Avatar
    Join Date
    Mar 2013
    Location
    Capetown/Jhb
    Posts
    3,256
    Thanks
    112
    Thanked 210 Times in 198 Posts
    At R16000 per month you pay approx R2000 tax per month. You have to get an IRP 5
    HR Solutions - Recruitment Specialists - Johannesburg & Capetown Tel: 0861-045-263
    Upload your CV @ www.2hrs.co.za

    Biometric Fingerprint Criminal Checks (AFIS)

  9. #9
    Gold Member
    Join Date
    Mar 2012
    Location
    Vanderbijlpark
    Posts
    886
    Thanks
    83
    Thanked 381 Times in 298 Posts
    Please tread carefully with this.....

    The tax amendment bill had the effect that unless the tax payer can show that he / she received the net amount on the payslip, and the net amount is after a tax deduction according to the payslip, SARS are entitled to disregard any deduction for PAYE.

    In a nutshell, it means the onus is on the taxpayer to prove that he or she only received after tax remuneration.

    I kid you not.

Similar Threads

  1. [Question] Form UI-19 not received from previous employer
    By IngeDK in forum Labour Relations and Legislation Forum
    Replies: 3
    Last Post: 05-Jun-13, 07:50 AM
  2. [Question] Employer has not paid my final salary (Nov2011) & annual leave
    By robbiwood in forum Labour Relations and Legislation Forum
    Replies: 10
    Last Post: 09-May-13, 08:06 AM
  3. [Question] Medical expenses paid on behalf of an employee of a cc
    By Imp in forum Tax Forum
    Replies: 1
    Last Post: 30-May-12, 12:28 PM
  4. Replies: 3
    Last Post: 02-Sep-11, 03:26 PM
  5. Recourse for salary not paid by employer?
    By Camille in forum Labour Relations and Legislation Forum
    Replies: 14
    Last Post: 08-Feb-11, 09:45 PM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •