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2.2.3 Independent Contractors and “Deemed Employees”When dealing with natural persons only, an amount paid for services renderedis excluded from remuneration if the payment is made to:• a resident of South Africa and• the payment is for services rendered in the course of carrying on anyindependent trade.A person will not be an Independent Contractor (i.e. is an employee foremployees’ tax purposes) if he:123• is not a resident of South Africa, or• renders services to or on behalf of a labour broker, or• is a labour broker, or• is a personal service provider, or• if services must be performed mainly at the premises of the personpaying for or requesting the service and the service provider issubject to control and supervision as to the manner in which theduties are performed or to the hours of work.EXCEPT• if the person throughout the year of assessment employs 3 or moreemployees who are on a full time basis rendering the service onbehalf of the person, other than connected person to such person.If (1) is selected at any time, the person is not an Independent Contractor.If only (2) is selected, the person is not an Independent Contractor.If (2) and (3) are selected, the person is an Independent Contractor.The amount paid for services rendered by an individual who is determinednot to be an Independent Contractor is deemed to be remuneration and issubject to PAYE.Report all remuneration paid to an Independent Contractor on thetax certificate against code 3616.2.3 Remuneration (Paragraph 1 and Paragraph 11A, 4th Schedule)Remuneration is defined as any amount of income which is paid or payableby way of any salary, leave encashment, wage, overtime pay, bonus, gratuity,commission, fee, voluntary award, lump sum payment, annuity, emolument,<strong>Payroll</strong> Pocket Guide 2013|2014© 2013 Sage <strong>VIP</strong>9

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