When can I apply for a tax directive?

By Marc Sevitz · Updated 8 February 2013

My employment was terminated and I applied for a tax directive, for my terminal benefits, which I received from SARS which allowed me to get my final payment tax free. My employer however claims the termination of my contract does not constitute retrenchment and therefore I misrepresented the reason for requesting a directive. Is this true? I did detail on the form the breakdown of the money (December Salary, Bonus and Leave pay) I had received and SARS gave me the directive.

TaxTim Marc said:
10 February 2013 at 22:45

You would need to rectify this with your employer as the nature of your termination of office affects the directive and the amount of tax payable. If they disagree and SARS accepts this then they could withdraw the directive and make you pay the tax plus penalties.

Fadzayi said:
10 February 2013 at 22:59

Thanks, the matter of dismissal is currently at the CCMA. I assume only at the end of the arbitration depending on whether it is deemed a retrenchment or fair dismissal based on effluxion of time will this matter be resolved.

TaxTim Marc said:
11 February 2013 at 18:16

Once you have a decision from the CCMA you can update SARS accordingly. Hopefully in your favour. Let me know how it turns out.

Salary / IRP5

Independent Contractor