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Are liquidator payouts taxable?

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Cape Town - A Fin24 user wants to know if his delayed leave payout following his company's liquidation is taxable.

He writes: "I worked for a company that was liquidated and 3 years later I received payment from the liquidators for leave, etc. Is this money taxable? Do I need to show it on my tax return?"

Piet Nel of the SA Institute of Tax Professionals responds:

The money would have been taxed in the year that it accrued. The amount you now received is merely in settlement of the amount that was owed. It is therefore not a receipt of income, but a repayment of a debt.

If the amount exceeds the amount declared in a previous return or is less than that, you will have to declare the difference as income or claim a deduction (as bad debt).  

The leave pay may well not have been taxed earlier - we don't have enough information to comment on this. 

* Have a question? Send it to us and we will find an expert to answer.

PLEASE NOTE: The important deadline dates in the 2015 tax season are:

September 30 2015: Manual/postal submissions
November 27 2015: At a SARS branch (non-provisional)
November 27 2015: eFiling (non-provisional)
January 29 2016: Provisional taxpayers via eFiling

ALSO SEE previous tax questions from users:

Can interns claim for travel expenses?

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Expat receiving pension from SA: Do I pay tax?

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Can I claim for using my own car for work?

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Can I claim for travel expenses?

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Disclaimer: Fin24 cannot be held liable for any investment decisions made based on the advice given by independent financial service providers. Under the ECT Act and to the fullest extent possible under the applicable law, Fin24 disclaims all responsibility or liability for any damages whatsoever resulting from the use of this site in any manner.

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