A client of mine is a CA and works for a bank. Sars has declined her SAICA fees based on the fact that she doesn’t earn a commission. When I worked for PwC I remember deducting my saica fees. Surely they are still deductible even when you are employed?
Important:
This answer is based on tax law for the year ending 28 February 2020.
Answer:
It actually is not an expense that qualifies for a deduction against remuneration. It would normally qualify to be deducted under section 11(a). Section 23(m) of the Act prohibits the deduction of “any expenditure, loss or allowance, contemplated in section 11, which relates to any employment of, or office held by, any person (other than an agent or representative whose remuneration is normally derived mainly in the form of commissions based on his or her sales or the turnover attributable to him or her) in respect of which he or she derives any remuneration, as defined in paragraph 1 of the Fourth Schedule, other than—
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any contributions to a pension fund, provident fund or retirement annuity fund as may be deducted from the income of that person in terms of section 11F;
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any allowance or expense which may be deducted from the income of that person in terms of section 11 (c), (e), (i) or (j);
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any deduction which is allowable under section 11 (nA) or (nB); and
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any deduction which is allowable under section 11 (a) or (d) in respect of any rent of, cost of repairs of or expenses in connection with any dwelling house or domestic premises, to the extent that the deduction is not prohibited under paragraph (b); …”
It would then only be possible to make the deduction against trade income, consulting, or where the commission exceeds 50% of the remuneration.