The old saying still holds true: there are only two things in life
that are certain - income tax and death.
It is income tax that is the deciding factor on you running your
business as a freelancer. You have to see yourself as someone who
employs you. You may be a one-person business, but you are still
the only employee and you have to pay income tax on a monthly basis.
The are certain advantages to forming a close corporation, but there
are also advantages to remaining a sole trader.
However, as a sole trader, you are liable to have the people who use
your services deduct tax at source. The rate at which they are
obliged to deduct tax is very high, so it is often better to form a
close corporation, charge VAT, and claim all the deductions you are
entitled to. However, it will cost you the services of an
accountant, and perhaps that is not worth your while.
WARNING: If you work for the same employer on contract, or if you are
submitting invoices to only one person for longer than a few months,
SARS will deem you to be an employee and you will have PAYE deducted at
source.
If however, you work for a few people and send out two or three
invoices a month, then you will want to have in your possession a very
highly prized document known as a "Tax Clearance Certificate".
This Certificate, issued by SARS and valid for six months, declares
that you as a close corporation have:
- A close Corporation registration Number.
- An Income Tax number.
- A VAT registration number.
- A PAYE employers registration number.
- An SDL number and
- a UIF number.
To have all of these things, you, as the close corporation, have to
paying you (the sole employee) a monthly salary; that you deduct the
correct amount of PAYE, UIF, and Skills Levy every month, and that you
pay it over to SARS. You will also find that you are subject to
Workmen's Compensation and RSC levies just to add to the money you seem
to be paying over.
However, just to be able to produce the Tax Clearance Certificate
opens doors to you that you will appreciate within a very short time.
First of all, you will probably find that what you pay your
accountant is a smaller amount than you save in tax. You are also
a respected member of society, and you are respected by the people who
want to employ you. You are also entitled to claim against your
Skills Levy for any training you undergo (just check with your local
SETA what the procedures are).
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