Dismissals and resignation should not be dressed up as voluntary retrenchment

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The difference between voluntary and involuntary retrenchment has been described as jumping from a sinking ship or being pushed. Moneyweb resignation dismissal

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South Africa is experiencing its biggest unemployment crisis in decades and retrenchments are bound to continue this year. The tax dispensation on ‘severance benefits’ is purposefully lenient to assist those affected – but tax experts warn that employers who use the beneficial tax treatment of a retrenchment lump sum as a carrot to get rid of unwanted employees who receive a golden handshake, resign or are dismissed are committing tax fraud.

For a while the workers who left voluntarily were taxed on the normal income tax rates for individuals as opposed to the beneficial tax rates received by workers who were involuntarily retrenched. There was a huge outcry and Sars changed its view that all workers who were affected by a general reduction in personnel should receive the same tax treatment on their severance payments. It was not dependent on the phase of the retrenchment process.

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