Budget 2012

Anton Muller - Summary of pertinent changes announced in the Budget Speech




1.             INDIVIDUALS

The maximum marginal rate for natural persons remains at 40% and is reached where taxable income exceeds R617 000 (previously R580 000)

The minimum rate of tax remains at 18% on taxable income not exceeding R160 000 (previously R150 000).

The primary rebate for all natural persons has been increased to R11 440 (previously R10 755). The additional rebate for persons aged 65 years and older has also been increased to R6 390 (previously R6 012).  Persons aged 75 and older are granted a further R2 130.

The tax free portion of interest income remains at R22 800 for taxpayers under 65 years, and remains at R33 000 for persons aged 65 years and older.

R3 700 inclusive of the above exemption can be applied to foreign interest.  Effective 1 April 2012 a new formula applies to foreign dividends which reduces the foreign dividend tax to a maximum rate of 15%

Local dividends will be subject to a flat 15% rate effective 1 April 2012.  (See para 2 below)


Taxpayers over 65 years continue to be exempt from the payment of provisional tax, provided their taxable income does not exceed R120 000 per annum and is derived solely from salary, interest, dividends and rental.



The rate of normal tax remains at 28%.

Secondary Tax on companies and CCs (STC) will be replaced with a final withholding dividend tax at the flat rate of 15% on shareholders, effective 1 April 2012.

Tax Exempt bodies (e.g. Retirement Funds) will suffer no withholding tax upon production of a tax exemption certificate.


3.             TRUSTS

The flat rate of 40% remains unchanged



Liability for tax commences as follows:


                  Under 65 years  :           R63 556     (previously R59 750)

                  65 years and older:        R99 056     (previously R93 150)

                  75 years and older:        R110 889   (previously R104 261)          



Taxable income(R)

            Rates of tax

0 – 160 000

           18% of each R1

160 001 –250 000

           R28 800 +25% of the amount above R160 000

250 001 –346 000

           R51 300 +30% of the amount above R250 000

346 001 –484 000

           R80 100 +35% of the amount above R346 000

484 001 –617 000

           R128 400 +38% of the amount above R484 000

617 001 and above

           R178 940 +40% of the amount above R617 000





PRIMARY                     R11 440

ADDITIONAL               R 6  390

AGE 75 AND OVER     R 2 130



The rate of estate duty and donations tax remains at 20%.

The estate duty abatement (exempt threshold) remains at R3,5 million per person and a surviving spouse may also benefit automatically from any unused deduction in the first dying spouse’s estate.  i.e. The abatement remains  a combined maximum R7 million for the second dying spouse.

The first R100 000 of property donated in each tax year by a natural person remains exempt from donations tax as do donations between spouses.


    6.         CAPITAL GAINS TAX (CGT)

·         The annual capital gain exclusion for individuals is increased to R30 000 (previously R20 000)

·         The primary residence exclusion from capital gains tax is increased to R2 million (previously R1,5 million).

·         The capital gain exclusion at death is increased to at R300 000 (previously R200 000).

·         The effective rate of CGT increases to a range of 6% to 13,3% for individuals, 18,6% for companies and 26,7% for Trusts, although correctly structured Trusts can result in the individual rate being applicable. This new dispensation is effective 1 March 2012.



The rates remain, i.e. property costing less than R600 000 will attract no duty.  A 3 per cent rate applies between R600 000 and R1 million, 5 per cent between R1 million and R1,5 million and  8 per cent thereafter.


8.          RETIREMENT FUNDS (effective 1 March 2014)

The new tax regime effective 1 October 2007 on lump sum benefits upon retirement remains in force, as does the withdrawal formula introduced 1 March 2009.

Effective 1 March 2014, Individual taxpayer deductions will be set at 22.5%, (27.5%, for those below 45 years) of taxable income.  Annual deductions will be limited to R250 000 ( R300 000 for taxpayers below 45 years).   A minimum monetary threshold of R20 000 will apply to allow low-income earners to contribute in excess of the prescribed percentages.  Non-deductible contributions (in excess of the thresholds) will be exempt from income tax if, on retirement, they are taken as either part of the lump sum or as annuity income.


      9.         MEDICAL EXPENSES

           • Taxpayers 65 and older may claim all qualifying expenditure.

           • Taxpayers under 65 may claim all qualifying medical expenses where the taxpayer or the taxpayer’s spouse or child is a person with a disability.

          • Other taxpayers under 65 may in determining tax payable deduct monthly contributions to medical schemes (a tax rebate to be known as a medical scheme fees tax credit) up to R230 for each of the taxpayer and the first dependant on the medical scheme and R154 for each additional dependant. When determining taxable income they can also claim a deduction for medical scheme contributions exceeding four times the amount of the medical schemes fees tax credits and any other medical expenses limited to the amount  which exceeds 7.5% of taxable income

10.        VAT The rate of 14% remains unchanged and the compulsory VAT registration threshold remains at R1 million.


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