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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2675
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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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.

Regards

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.

Regards

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.

Regards