Question
Kiara Malhotra (Kiara), a South African resident, aged 65 and married out of community of property, commenced employment with Fresseme Hair Products (Pty) Ltd (Fresseme)
Kiara Malhotra (Kiara), a South African resident, aged 65 and married out of community of property, commenced employment with Fresseme Hair Products (Pty) Ltd (Fresseme) on 1 March 2005. She was one of the senior directors at Fresseme providing management expertise to various subsidiaries within the Fresseme Group in South Africa. Due to the nature of the business, Fresseme had allowed Kiara to use the companys motor vehicle to travel to the various clients to promote their hair care products. The financial year of Fresseme ends on the last day of February. On 28 February 2023, Kiara retired from Fresseme having reached the age of 65 years old. Her remuneration proxy for the prior year was R660 000. Her receipts,accruals and expenses for the 2023 year of assessment are as follows: A cash salary of R40 000 per month It is compulsory for every employee of Fresseme to become a member of the Fresseme Pension Fund. Kiaras monthly contribution to Fresseme Pension Fund is 10% of her monthly gross cash salary. Her employer also contributes 10%. An annual bonus of an equivalent to one-month salary received in December 2022 A pendant given to her as a farewell gift by her colleague. The value of the pendant was R3500. Long service award from Fresseme of R250 000 for serving the company for more than 15 years. The free use of a new motor car, that was purchased by Fresseme at a retail market value of R450 000 (including VAT), on 1 March 2022. Kiara obtained the right to use this vehicle from 1 March 2022 (the same date it was purchased by the company). This vehicle was under a maintenance plan. Information related to the motor car also included: o Fresseme purchased the motor car for business use and bears the full cost of the vehicles maintenance. Kiara is, however, required to pay for the fuel for the private use of the motor car. o Since Kiara also owns an SUV that she uses in the evenings and on the weekends, she has maintained full records of her use of the motor car from Luxury Hotels. According to her records, from the logbook that she kept, Kiara travelled 15 000 2 kilometers for private purposes in respect of the motor car out of a total of 45 000 kilometers travelled during the 2023 year of assessment. She incurred R8 000 in the 2023 year of assessment paying for the fuel for her private use of the motor car. A 10-day holiday at a resort in Cape Town owned by Fresseme. The accommodation is let to non-employees at a rate of R450 a person per day. Kiara with her husband stayed at this apartment for 10 days in the month of January 2023. The free use of a fully furnished three-roomed flat owned by Fresseme, in Durban. Although Kiara does not pay any rental for the use of the flat, she is obliged to pay for the electricity and water. She incurred R15 000 in the 2023 year of assessment paying for the electricity and water. Kiara does not have a right of option or pre-emption granted to her that could result in the ownership of the accommodation. Kiara does not have a controlling interest in Fresseme. Fresseme extended a loan of R200 000 to Kiara for the period 1 April 2022 to 1 June 2022. The loan was repaid on 1 July 2022. Interest of 8% was charged. The official rate of interest was 10%, and the Commissioner was satisfied that this was the official rate during this period. A grooming allowance of R3 000 a month, to cover Kiaras clothing, facials, and hairstyling costs for her various meetings across the country. Kiara is expected to appear groomed as this is the Beauty industry norm and helps to promote the products should clients see Kiaras hair looking bouncy and healthy. During the 2023 year of assessment, Kiara spent R15 000 on clothing, R5 000 on hairstyling and R4 000 on facials. Kiaras other receipts, accruals, and expenditure for the 2023 year of assessment are as follows: o Local interest of R45 000 accrued to Kiara from a savings investment account. o Dividends of R17 000 accrued to Kiara. Kiara contributes R3500 a month to a medical aid for herself, her husband and their son, Varun. During the 2023 year of assessment, Kiara paid R15 000 in qualifying medical expenses, that were not recovered from her medical aid. 3 Required: Q1.1 Calculate the Tax Payable or refundable from SARS for Kiara Malholtra for her 2023 year of assessment?
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