South Africa Law

Get your South African law questions answered by Experts

Ask a Lawyer,
Get an Answer ASAP!

I own a company that employs one employee. When the company…

Customer Question
I own a company...

I own a company that employs one employee. When the company was registered, I was under the impression that it was also registered for PAYE with SARS and I made deductions of PAYE from the employee. However, when I tried to file and pay the money over, albeit it was a late filing, I discovered that the I was not registered for PAYE and subsequently registered. The challenge that I have is that I'm unable to file returns for this deductions (PAYE). I have approached an accounting firm and they also can't help, they proposing that I pay the money back to the employee, my challenge is that I have already given him payslips and IRP5 as proof of the deductions. What is the best way of addressing this?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

No

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I'm the owner of the company

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thats it

Submitted: 8 days ago.Category: South Africa Law
Show More
Show Less
Ask Your Own South Africa Law Question
Answered in 3 hours by:
7/11/2018
Lawyer: Freddie Lombard, Attorney replied 8 days ago
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,813
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

Ask Your Own South Africa Law Question
Lawyer: Freddie Lombard, Attorney replied 8 days ago

You will have to get a tax practitioner to help. You are legally responsible to "deduct PAYE AND to pay it over to SARS". I think it is bad advice to pay the money to the employee - he/she is not entitled to that money - you HAVE to pay it over to SARS otherwise the IP5's you issued will be fraudulent, and might land you in serious (and criminal) trouble.

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

Ask Your Own South Africa Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Freddie Lombard Your Own Question
Freddie Lombard
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,813
2,813 Satisfied Customers
Experience: Practicing attorney and conveyancer with 16 years post article experience.

Freddie Lombard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

PHINEAS MOTAUNG

PHINEAS MOTAUNG

Attorney

113 satisfied customers

BACHELOR OF LAWS

Emil

Emil

Attorney

33 satisfied customers

BCom Law LLB, 3 years post article experience as attorney

LCP

LCP

Attorney

21 satisfied customers

BCom (Stell) LLB LLM

Freddie Lombard

Freddie Lombard

Attorney

2,813 satisfied customers

Practicing attorney and conveyancer with 16 years post article experience.

Shaie Zindel

Shaie Zindel

Attorney

1,249 satisfied customers

All areas of commercial and contract Law - specialist in property advice.

inciteadvisor

inciteadvisor

Commercial Lawyer

814 satisfied customers

B.Com LLB Registered Corporate lawywer

Christiaan K

Christiaan K

218 satisfied customers

Attorney & Director at Lombard Kotze Incorporated

< Previous | Next >

Related South Africa Law Questions
A contractor's pty invoices a client on a monthly basis and
A contractor's pty invoices a client on a monthly basis and the contractor works full time for the client. The client does not deduct PAYE as the contractor is not an employee. If the contractor later… read more
CaseLaw
CaseLaw
Attorney
Master\u0027s Degree
1,706 satisfied customers
I am working for my negative cashflow pty, and my pty is
I am working for my negative cashflow pty, and my pty is unable to pay me a salary. Can the pty add my salary to my loan account? What would be the tax implications when the money in the loan account … read more
CaseLaw
CaseLaw
Attorney
Master\u0027s Degree
1,706 satisfied customers
I am in the process of registering my company , PAYE and
Hi mike, I am in the process of registering my company for TAX, PAYE and UIF. I have informed my employee that her gross salary will remain the same and the legal requirement of tax will then be taken… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,813 satisfied customers
I received a letter of suspension without pay from my
I received a letter of suspension without pay from my employer on Monday 3 August. The letter didn't mention any of the reasons for my suspension. In Thursday I received an amended suspension notice t… read more
CaseLaw
CaseLaw
Attorney
Master\u0027s Degree
1,706 satisfied customers
Good evening!My friend was employed as a minister of
Good evening! My friend, a South African citizen, was employed as a minister of religion in South Africa, on a contract basis for a period of 3 years. After 2,5 years, it was agreed that the contract … read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,813 satisfied customers
I do the accounting at a church.We have 4 pastors that each
I do the accounting at a church.We have 4 pastors that each have an office at the church.We also require them to have a fully furnished office at home.We do compensate them for the home office. Questi… read more
JJ
JJ
Master\u0027s Degree
4,502 satisfied customers
Myself and a partner had a 50/50 shareholding in a close corporation.
Myself and a partner had a 50/50 shareholding in a close corporation. When he sold his shares, i discovered the following: a) he completed 0 Turnover VAT reports which he submitted to SARS b) he gave … read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
A friend of mine is in the employ of a company owned by 1 individual,
A friend of mine is in the employ of a company owned by 1 individual, for a period of 18 months. His salary was reduced to literally half from when he first started. No explanations given for the redu… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Hello. I want to know, if i am not employed, but i rent my
Hello. I want to know, if i am not employed, but i rent my prof. services out to companies and receive funds to my personal bank account: 1. Is this legal 2. What is the SARS implications 3. How do i … read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I am the sole member of a cc which is my company, wherer I
I am the sole member of a cc which is my company, wherer I work full time. I am registered as a employee, with a tax no, and draw a monthly salary from the company. I pay monthly PAYE and SITE tax, an… read more
Mike
Mike
Legal Advisor
Master\u0027s Degree
32 satisfied customers
Good day,my previous employer liquidated the company in Feb
Good day,my previous employer liquidated the company in Feb 2010. I did not received my IRP5 for the year 2010 from them and cannot submit anything to SARS.It also seems that the company didn't transf… read more
JJ
JJ
Master\u0027s Degree
4,502 satisfied customers
I have an employee who refuses to register as a tax payer.
I have an employee who refuses to register as a tax payer. No tax has been deducted from him. I have been to SARS who advised that I should hold all monies owing to him until he gets a tax number. Onc… read more
CaseLaw
CaseLaw
Attorney
Master\u0027s Degree
1,706 satisfied customers
I am a SARS registered independent contractor. I work as an
I am a SARS registered independent contractor. I work as an engineer through a consulting company. Each project I am on is an income stream although all my income comes through the consultancy. My pro… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I worked 4 a company for 5 years. The business was bought out.
I worked 4 a company for 5 years. The business was bought out. I was told my services would no longer be required but they would try 2 find a position within their group. The company entered into a se… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Hi, Ive made a quiry last year on my IRP 5 that I received,
Hi, I've made a quiry last year on my IRP 5 that I received, notifying the finance dept that the IRP 5 is not correct - I was then told its one of the mistakes that the previous finance manager made a… read more
CaseLaw
CaseLaw
Attorney
Master\u0027s Degree
1,706 satisfied customers
One of our previous employees resigned in Oct Last year. he
One of our previous employees resigned in Oct Last year. he then gave his resignation on writing at the end of november hoping to increase his notice period over the school holiday. He then took us to… read more
Barend B.
Barend B.
Master\u0027s Degree
1,364 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x