South Africa Law

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South Africa Law

South African law applies. A staff member has been

Customer Question
South African law applies...

South African law applies. A staff member has been retrenched due to operational requirements. He is 62. I have

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

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?

Lawyer's Assistant: Has anything been filed or reported?

No just a question from the staff member

Submitted: 6 months ago.Category: South Africa Law
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Answered in 10 hours by:
8/3/2017
Lawyer: Freddie Lombard, Attorney replied 6 months ago
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,737
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

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

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Lawyer: Freddie Lombard, Attorney replied 6 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

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Lawyer: Freddie Lombard, Attorney replied 6 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

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Freddie Lombard
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,737
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Experience: Practicing attorney and conveyancer with 16 years post article experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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