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46
Shares / Re: Tax
« on: November 15, 2013, 09:34:33 pm »
So long as you are REASONABLE and wherever you can legally save why not do it ! 

Your maid and gardener may not help you trade, but as a business owner operating from home, you are entitled to claim a % of the total home running expenses. 



Hi Scitrader.  Your totally correct in saying any "home office" expenses incurred in carrying on a trade MAY qualify as a deduction, and certainly if they are genuine and have been incurred in the production of business income, they can be deducted.

However are you aware that any portion of your home utilized for business purposes (I.e. The % referred to above) will then be excluded from the "primary residence" exclusion when you sell the property (and thus be subject to CGT)?

Generally I find that in many cases, taxpayers are too aggressive in attempting to claim home office expenses, without understanding the implications.  My all time favourate was a taxpayer wanting to claim a percentage of his estimated dog food expenditure - apparently it was a security cost.

47
Shares / Re: Tax
« on: November 15, 2013, 09:20:53 pm »

 
If you had traded through a registered company, your losses would have carried over and could have been offset in the subsequent year where there was a gain.  Unfortunately as a Sole Proprietor, your loss can't carry foward.

Scitrader - your totally incorrect in the above statement, losses for sole proprietors/traders DO carry forward.  Orca's circumstances on how the disallowance arose was very unique and not related to the manner or legal form in which he carried on his trade.

48
Shares / Re: Tax
« on: October 19, 2013, 07:01:26 am »
Hi Orca,  You're correct in saying that 104(5) puts a time limit on submitting a objection.  However your potential escape  clause is provided for in section 93 of the Tax Administration act.  The relevant section makes it possible for the reduction of an assessment by SARS in the case of an undisputed error by the taxpayer.  No objection is required (so bypasses 104(5)). 

I haven't explored the relationship between section 93 and section 99 (section 99 puts a time period of the limitation of issuing new assessments). It is however worth investigating , and even if section 99 limits you, I would attempt a reduction anyway - you have nothing to lose and everything to gain.  The worst is that they say "No".

I attach an extract of section 93.
Section 93
1)SARS may make a reduced assessment if—
a)the taxpayer successfully disputed the assessment under Chapter 9;
b)necessary to give effect to a settlement under section 149;
c)necessary to give effect to a judgment pursuant to an appeal under Part E of Chapter 9 and there is no right of further appeal; or
d)SARS is satisfied that there is an error in the assessment as a result of an undisputed error by—
i)SARS; or
ii)the taxpayer in a return.

 
2)SARS may reduce an assessment despite the fact that no objection has been lodged or appeal noted.[/u]

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