How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Freddie Lombard Your Own Question
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2675
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
Type Your South Africa Law Question Here...
Freddie Lombard is online now
A new question is answered every 9 seconds

South African law applies. A staff member has been

Customer Question

south African law applies. A staff member has been retrenched due to operational requirements. He is 62. I have
JA: What state are you in? It matters because laws vary by location.
Customer: South Africa,. HR must apply for tax directiVE. Must the reason be involuntary retrenchment or can it be early retirement? Does SARS recognise early retirement without the reason being..due to ill health? Is there any tax benefit due to the reason given?
JA: Has anything been filed or reported?
Customer: No just a question from the staff member
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 2 months ago.

Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.


Expert:  Freddie Lombard replied 2 months ago.

The true facts as described by you is that the person was retrenched. He did not take early retirement. Declaring anything else to SARS than the actual truth will be illegal and could lead to prosecution.

I cannot comment on the tax benefits either way nor whether SARS will recognise earlu retirement without health reasons etc. since I am not a tax expert, but a legal expert.

The legal position is that one is not allowed to lie to SARS and the true and correct facts MUST be declared, regardless of the benefits or not thereof.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further questions here on this topic at no extra cost if you need more information.


Expert:  Freddie Lombard replied 2 months ago.

Good morning,

This is just a quick note to follow up. Did you find my answer helpful? Is there anything else I can assist you with before you rate theservice? Please note that I do not get paid if you do not rate.