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An analysis of the tax treatment of home office expenditure sought by salaried employees

The South African Revenue Service (SARS) disallowed 60% of home office claims during the 2021 tax year. This is a consequence of the fact that the home office of these taxpayers did not meet the requirements of section 23(b) of the Income Tax Act No.58 of 1963 (IT Act). In this dissertation, various...

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Main Author: Jacobs, Alicia
Other Authors: Roeleveld, Jennifer
Format: Thesis
Language:English
English
Published: Department of Finance and Tax 2025
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access_status_str Open Access
author Jacobs, Alicia
author2 Roeleveld, Jennifer
author_browse Jacobs, Alicia
Roeleveld, Jennifer
author_facet Roeleveld, Jennifer
Jacobs, Alicia
author_sort Jacobs, Alicia
collection Thesis
description The South African Revenue Service (SARS) disallowed 60% of home office claims during the 2021 tax year. This is a consequence of the fact that the home office of these taxpayers did not meet the requirements of section 23(b) of the Income Tax Act No.58 of 1963 (IT Act). In this dissertation, various issues have been identified as to the problems taxpayers encountered and continue to encounter when making home office claims on their Personal Income Tax returns. The main issues identified with SARS disallowing the home office claims is resultant of these taxpayers not meeting the “regularly” and “exclusively” requirement. These specific requirements place these taxpayers in a position where they do not have a big enough dwelling-house or domestic premises or they just cannot afford to acquire one, in which they can dedicate a room/area in their living space for regular and exclusive use as a home office. They, therefore, will not meet the home office requirements for tax purposes and will not be able to enjoy a home office tax benefit. In support of the reasons why these taxpayers fail to qualify for a home office tax deduction, several case studies and examples have been provided to illustrate the problems of meeting the home office requirements under the current version of section 23(b). Based on the overall findings and analysis, the current tax treatment of home expenditure fails to practise the principles of a good and fair tax system for all its taxpayers. These tax principles are the foundation of tax reform in South Africa. It is therefore submitted that the provisions of section 23(b) be revaluated to make it fairer for taxpayers to claim home office expenditure regardless of their economic positions. In addition, the ongoing electrical outages in South Africa, the ever-changing working environment and technological advancements, have necessitated the need to work from home. This kind of work arrangement is increasing, and more taxpayers will be making home office claims in the future on their Personal Income Tax returns. An efficient way of dealing with the administrative burden of these taxpayers home office claims being disallowed by SARS as a result of not meeting the section 23(b) requirements, is for SARS to consider granting an allowance or a reimbursement allowance for business expenditure incurred in the course of employment. This method of dealing with a home office expenditure claim is a probable solution for South Africa and in turn will ease the administrative burden of SARS having to deal with numerous objections and appeals.
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publishDate 2025
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spelling oai:open.uct.ac.za:11427/40942 An analysis of the tax treatment of home office expenditure sought by salaried employees Jacobs, Alicia Roeleveld, Jennifer tax South African Taxation The South African Revenue Service (SARS) disallowed 60% of home office claims during the 2021 tax year. This is a consequence of the fact that the home office of these taxpayers did not meet the requirements of section 23(b) of the Income Tax Act No.58 of 1963 (IT Act). In this dissertation, various issues have been identified as to the problems taxpayers encountered and continue to encounter when making home office claims on their Personal Income Tax returns. The main issues identified with SARS disallowing the home office claims is resultant of these taxpayers not meeting the “regularly” and “exclusively” requirement. These specific requirements place these taxpayers in a position where they do not have a big enough dwelling-house or domestic premises or they just cannot afford to acquire one, in which they can dedicate a room/area in their living space for regular and exclusive use as a home office. They, therefore, will not meet the home office requirements for tax purposes and will not be able to enjoy a home office tax benefit. In support of the reasons why these taxpayers fail to qualify for a home office tax deduction, several case studies and examples have been provided to illustrate the problems of meeting the home office requirements under the current version of section 23(b). Based on the overall findings and analysis, the current tax treatment of home expenditure fails to practise the principles of a good and fair tax system for all its taxpayers. These tax principles are the foundation of tax reform in South Africa. It is therefore submitted that the provisions of section 23(b) be revaluated to make it fairer for taxpayers to claim home office expenditure regardless of their economic positions. In addition, the ongoing electrical outages in South Africa, the ever-changing working environment and technological advancements, have necessitated the need to work from home. This kind of work arrangement is increasing, and more taxpayers will be making home office claims in the future on their Personal Income Tax returns. An efficient way of dealing with the administrative burden of these taxpayers home office claims being disallowed by SARS as a result of not meeting the section 23(b) requirements, is for SARS to consider granting an allowance or a reimbursement allowance for business expenditure incurred in the course of employment. This method of dealing with a home office expenditure claim is a probable solution for South Africa and in turn will ease the administrative burden of SARS having to deal with numerous objections and appeals. 2025-02-13T07:43:13Z 2025-02-13T07:43:13Z 2024 2025-02-13T07:37:32Z Thesis / Dissertation Masters MCom http://hdl.handle.net/11427/40942 en eng application/pdf Department of Finance and Tax Faculty of Commerce University of Cape Town
spellingShingle tax
South African Taxation
Jacobs, Alicia
An analysis of the tax treatment of home office expenditure sought by salaried employees
thesis_degree_str Master's
title An analysis of the tax treatment of home office expenditure sought by salaried employees
title_full An analysis of the tax treatment of home office expenditure sought by salaried employees
title_fullStr An analysis of the tax treatment of home office expenditure sought by salaried employees
title_full_unstemmed An analysis of the tax treatment of home office expenditure sought by salaried employees
title_short An analysis of the tax treatment of home office expenditure sought by salaried employees
title_sort analysis of the tax treatment of home office expenditure sought by salaried employees
topic tax
South African Taxation
url http://hdl.handle.net/11427/40942
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