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The Income Tax Act states that any fringe benefit granted by an employer to employees is taxable, whether the benefit is given as part of a remuneration package or as a reward.
Many popular World Cup-related "freebies" from employers are easy to quantify.
For example, say an employer presents an employee with an original World Cup T-shirt and two tickets. Tickets may have been acquired by the employer at around R140 a piece; and an original T-shirt is sold for R1 300 - so the total cost of the fringe benefit would be R1 580. Assuming that the individual falls within the 35% marginal tax band, there would be R553 in tax payable on that gift.
The tax on this fringe benefit has to be accounted for on salary slips at the end of the month, in addition to other pay-as-you-earn taxes owed on normal remuneration.
"Many employers don't realise that the provision of these items actually constitutes a fringe benefit and is subject to employees' tax," said Vedika Andhee, tax director at Ernst & Young. "In many circumstances those that are aware of the tax liability deliberately choose to ignore it."
"A significant number of relatively large employers fall within this category. This may constitute intentional tax evasion, the penalty for which could be as high as 200% of the amount of tax payable, levied on the employer."
Getting away with not declaring the fringe benefit is also easier said that done. "It is very easy for the South African Revenue Service (Sars) to check whether the employer has accounted for the fringe benefits on the payroll," said Andhee.
In cases where employees participate in Soccer Fridays, where individuals sport their T-shirts, Sars could become aware of this by word of mouth or by anonymous tip-off.
Sars could also target the taxation of this benefit by sending out random questionnaires to companies, or including this as a question when conducting an employees' tax audit.
"One solution for employers is to consider picking up the tax cost in relation to the awarding of these benefits," said Andhee. "This, however, creates a rollercoaster effect, in that where an employer picks up the tax cost, a further fringe benefit is created and a full gross-up calculation will need to be performed."
- Fin24.com
