Although the South African Revenue Service (SARS) has an important role to play, it must do so within the confines of the law, the Tax Ombud said.

Speaking at the launch of the Tax Ombud Office’s annual report for 2016/17 on Tuesday, Judge Bernard Ngoepe stressed the importance of his office as a watchdog.

“We don’t like SARS to adopt a ‘skop and donner’ attitude, we want them to treat people fairly,” he said. Treating people fairly will inculcate in them a sense of responsibility and they will comply with their duties. Given that South Africa is a constitutional democracy, every institution’s exercise of authority must be subject to some counterbalance, he said. During his address, Ngoepe lamented that his office had to approach the Finance Minister to get permission to conduct an investigation into SARS’ systems.

On the relationship between the office of the Tax Ombud and SARS, Ngoepe said that while SARS has a right to collect the tax, his office ensures that the tax authority does so in accordance with the law. In turn, the Tax Ombud does not enable taxpayers to evade their obligations. He urged SARS to follow recommendations, or at the very least give reasons why they will not implement the recommendations as a matter of good governance. “This impacts the morale and the confidence people have in the system.”

Ngoepe said there is also misunderstanding between SARS and taxpayers which leads to “hitches”. He made an example of when SARS issues a final letter of demand. SARS should also inform taxpayers of the options they have available to them, which they have not done in the past.

Source: Fin24

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Individual income tax rates in Namibia are progressive to 37%.

Taxable income (N$) Tax Rate
Up to 40,000 0%
40,001 to 80,000 27% on amount exceeding N$40,000
80,001 to 200,000 N$10,800 plus 32% on amount exceeding N$80,000
200,000 to 750,000 N$49,200 plus 34% on amount exceeding N$200,000
Over 750,000 N$236,200 plus 37% on amount exceeding N$750,000

Namibia tax year runs from 1 March to 28 February.

Basis:“ Resident and nonresident individuals are taxable on all income received or accrued from a Namibian source or deemed source that is not of a capital nature.

Residence:“ The tax treatment of residents and nonresidents is normally the same. Questions of residence generally are not relevant except when the nonresident is from a country that has concluded a tax treaty with Namibia.

Tax Filing status:“ Namibia employs a self-assessment tax regime where spouses are taxed separately on their income.

Taxable income:“ Taxable income is an individual's gross income, less exempt income and deductions.

Capital gains:“ Capital gains are not normally taxable in Namibia.

Tax Deductions and tax allowances:“ Individuals may deduct contributions to approved pension funds, provident funds and retirement annuity funds, and premiums with respect to educational policies, subject to an aggregate limit of NAD 40,000. No deductions are granted to individuals for medical expenses (employers liable for such expenses may deduct them, subject to certain limits).

Other taxes on individuals:

Capital duty:“ No

Stamp duty:“ Stamp duty is imposed on various instruments, such as a transfer of shares, transfer deeds and partnership agreements, at scheduled rates.

Social security contributions:“ Both employers and employees are required to make social security contributions at a rate of 0.9% of the employees' basic salary income up to a maximum of NAD 54 per month. Employers must make employees compensation contributions for employees whose pay is below a specified threshold.

Administration and compliance:

Namibia Tax year:“ Namibia tax year for individuals is 1 March to 28 February.

Tax Filing and tax payment:“ Salaried individuals must file their returns by the end of June. Tax on employment income is withheld by the employer under the "pay-as-you-earn" system and remitted on a monthly basis to the Receiver of Revenue. Individuals who derive income from business or farming activities must register as provisional taxpayers. For non-farmers, 2 provisional tax payments are due on 31 August and 28 February. Farmers must make 1 provisional tax payment on 28 February. Final tax returns must be filed by the end of September.

Penalties:“ Taxpayers who file their tax returns late or fail to file are subject to various penalties.

Source: South African Tax Guide: Namibia Taxes Overview

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