Comment on draft Guide and Interpretation Note on ETI

30 March 2023

The Draft Guide

Draft guide to the Employment Tax Incentive (Issue 5) and Interpretation Note are published for comment.

The draft Guide includes the amendments to the definition of “employee”, “monthly remuneration” and section 6 (qualifying employees) introduced by the Taxation Laws Amendment Act 20 of 2021.  These amendments are effective from 1 March 2022 and applicable in respect of years of assessment commencing on or after that date. The Draft Guide to the ETI discusses these amendments.

You can find the draft Guide here.

The draft Interpretation Note provides clarity on the interpretation and application of the definition of “employee” in the Employment Tax Incentive (ETI) Act, 2013. The scope of this draft Note is restricted to arrangements entered into by parties, typically as part of a composite arrangement, in an attempt to claim the ETI for persons not meeting the definition of “employee”, specifically arrangements involving learning institutions. The draft Note therefore does not consider other scenarios in which the definition of “employee” is critical for purposes of claiming the ETI. This draft Note which was previously published as a draft for comment, has been updated with the latest amendments introduced by the Taxation Laws Amendment Act 20 of 2021.

You can find the draft Interpretation Note here.

Do you have comments? Leave it for us and we will submit for you. Send your email to Technical@Saiba.Org.Za by 5 May 2023.