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The Long and the Short of Long-Term Insurance Taxation - Complete
Laying the Foundation
Brief History and Course Introduction
Purpose of this Platform
Permission to Learn
Long-term Insurance Tax - Is it really that complicated, and can it be demystified?
Definition of Course
Why will this platform be useful?
What this platform is not
Focus area of this Platform
Lecture Order
CPD Hours
Copyright
Disclaimer
Contact Details, Comments, Support and Privacy
Comments and Questions relating to the section "Laying the Foundation"
Glossary of often used Terms
Purpose of this Section
General Terms and Definitions
Section 29A, SARS and Tax Specific Terms
Insurance Specific Terms and Definitions
Terms and Definitions in the Income Tax Act
Terms and Definitions in the Tax Administration Act (TAA)
A few often-used Latin words and phrases
Arrangement of Sections in the Income Tax Act
Comments and Questions relating to the section "Glossary of Often Used Terms"
Process when Submitting a Tax Return - Quick Reminders
Who must sign the tax return?
What to look for if you have to sign or take responsibility in some way
Quick Summary of Documents to be Submitted
Record Keeping Requirements
Comments and Questions relating to the section "Process when Submitting a Tax Return"
So, you are part of the Finance/Tax Team
Role of the Tax Team
When dealing with SARS (and others):
Follow the process, and always keep your details at SARS up to date:
Can you perform a standard tax calculation for a life insurance company?
Basic information and documents needed when you perform a Tax Calculation
SARS Query Resolution Process (Large Business Centre)
SARS New Online Query System and Complaints Number
Comments and Questions relating to the section "So you are part of the Tax/Finance Team"
Preparing for an Audit
Purpose of the Section
Have this Documentation ready for the Auditors
Have Answers to "Predictable" Tax Questions ready for the Auditors
Comments and Questions relating to the section "Preparing for an Audit"
Taxation of Long-term Insurance Companies
Where does it fit in and how must it be approached?
Before we get started with Section 29A - What is life insurance business?
Difficulties when Taxing a Life Insurance Company
How should profits and investment returns in a "life insurance business" be treated?
Section 29A in a nutshell
Underlying Principles of Five Funds Tax
The Risk Policy Fund
Comments and Questions relating to the section "Taxation of Long-term Insurance Companies"
Long Term Insurance Tax- Section 29A of the Income Tax Act
Taxation of Long-Term Insurers - The Frame
What does Section 29A and 29B say? (The wording of the Act)
What does Section 29A and 29B say? (The wording of the Act) w.e.f. 1 January 2023
How to Establish and Maintain the Separate Funds
The Simplistic "Goal" when you perform the Five Funds Tax Calculation
Comments and Questions relating to the section "Long-Term Insurance Tax - Section 29A of the Income Tax Act"
IFRS 17
🆕IFRS 17 - Perspective
🆕Brief Comment on IFRS 17
🆕 Complexities from a Tax point of view - Brief Comment
🆕Adjusted IRFS Definition - Changes
🆕In Summary
Tax Laws Amendment Act - 2022 - IFRS 17 adjustments to section 28 and 29A
EXPLANATORY MEMORANDUM ON THE TAXATION LAWS AMENDMENT ACT, 2022 - IRFS 17 Adjustments
IFRS 17 - Statement
What is IFRS17? - www.IFRS.org - Accounting
Deloitte Africa Insurance Outlook 2022
Comments and Questions relating to the section "IFRS 17"
Forms 1 to 7 and the Tax Calculation
What are Forms 1 to 7?
The IT14L - spreadsheet - Latest Version - IFRS 17
The IT14L Spreadsheet - Before IFRS 17
NITS Schedule
Comments and Questions relating to the section "Forms 1 to 7 and the Tax Calculation"
The Forms - Form 1
Form 1
Linking Section 29A to Forms 1 to 7
Form 1 - Introduction
Value of liabilities at beginning of year - Form 1 - Line 1
Before IFRS 17 - Total per Financial Statements - Form 1, Column 1
IFRS 17 - Total per Financial Statements - Form 1 Column 1 (AFS)
IFRS 17 - Total per Financial Statements - Form 1 Column 1 (Forms)
Form 1 - Column 2 - IFRS 17 Adjustments - New Forms
Adjustments - Form 1, Column 2 (IFRS 4) or Column 3 (IFRS 17)
Adjusted Total - Column 3
Allocations per Fund - Make-up of the Five Funds
Allocations per fund, in principle - Form 1, Columns 4 to 8
Disregarded Income, Commissions and Premium Adjustments
Allocation of Premiums and Claims - Form 1, Lines 4 and 9
Allocation of Investment income, foreign premiums and foreign reinsurance premiums and other Income - Form 1, Line 5
Allocation of Net accounting REALISED gains (losses) on investment assets - Form 1, Line 6
Allocation of Net accounting UNREALISED gains (losses) on investment assets - Form 1, Line 7
Form 1 and BGR 30
Allocation of Direct Expenses Attributable to Income- Form 1, Line 11
Allocation of Selling and Administration of Policy Expenses - Form 1, Line 12
Allocation of Other Expenses - Form 1, Line 13
Allocation of Taxation - Form 1, Line 14
Allocation of Dividends Paid - Form 1, Line 15
Transfer in Respect of Tax Status Changes - Form 1, Line 17
Changes in Share Capital per Financial Statements - Form 1, Line 18
Other - Form 1, Lines 20 and 21
Transfer to or from the Life Fund
Market Value of Assets at end of year - Form 1, Line 21 and 22
Deduct: Value of liabilities at end of year - Form 1, Line 24
Deduct/add Transfer (to)from CF - Form 1, Line 23
Asset Reconciliation - Form 1 - Note 6 and 7
Once-off election for transfer of risk policies - Form 1, Line 2
Form 1 - Conclusion
Comments and Questions relating to the section "The Forms - Form 1"
Foreign Dividends and CFC's
Interaction Between Foreign Dividend Exemption and Controlled Foreign Companies (CFC) in the IPF
The Forms - Form 2
Form 2 - In Brief
Forms 2(a) to 2(d) - Income and Foreign Reinsurance
Income Streams and Capital Gains/(Losses)
Forms 2(a) to 2(d) - Expenses Directly Attributable to Income
Form 2(e)
Comments and Questions relating to the section "The Forms - Form 2"
The Forms - Form 3
Direct Expenses
Comments and Questions relating to the section "The Forms - Form 3"
The Forms - Form 4
Selling and Administration of Policies Expenses
Other Expenses
Capital Expenses and other Add- Backs and Adjustments
Some Typical Adjustments Made on Form 4
Expense Ratio - Applicable to IPF and CPF
Expense Ratio - Corporate Fund
Expense Ratio - Risk Policy Fund
Binding General Ruling (BGR) 30
Short Summary of Expenses
Comments and Questions relating to the section "The Forms - Form 4"
The Forms - Form 5
Capital Gains Tax (CGT)
Capital vs Revenue
Realised Capital Losses
Deemed Disposals
CGT Rates
CGT - Keeping Track - realised AND unrealised gains (losses)
Comprehensive CGT Guide - SARS
Comments and Questions relating to the section "The Forms - Form 5"
The Forms - Form 6
Analysis of Transfers to the Corporate Fund
Analysis of Transfers from the Corporate Fund
What should be transferred when there are Excesses or Shortfalls?
Comments and Questions relating to the section "The Forms - Form 6"
The Forms - Form 7
Introduction of Loss Limitation Rules
Calculation of Tax Payable
Calculation of Policyholder Fund Tax
Calculation of Risk Policy Fund Tax
Calculation of Corporate Fund Tax
Donation Deduction - Corporate fund and Policyholder Funds Tax
Donation Deductions - General
Reasonability Check
Comments and Questions relating to the section "The Forms - Form 7"
ITR14L Tax Return Submission and Assessment
Process
ITR14L - Form to be completed
Covering Note when you Submit your Return
Excel Spreadsheet - Forms 1 to 7
NITS Schedule
Tax Assessments and Source Codes
Example of a IT34C Tax Assessment
Comments and Questions relating to the section "ITR14L Tax Return Submission"
Provisional Tax and Paragraph 19 (3)
What it is and who should pay?
Interpretation Note 1 - Guidance on the interpretation of the Law relating to Provisional Tax
SARS Guide - Provisional Tax
Paragraph 19(3) of the Fourth Schedule and its Applicability to Long-term Insurance Companies
What to expect when SARS applies Paragraph 19(3)
Section 6quat rebates
Comments and Questions relating to the section "Provisional Tax and Paragraph 19(3)"
Questions and Answers - Mostly with a focus on Section 29A
Purpose of Q&A
Is there a difference between the Corporate Fund and the Shareholders' Fund?
Must a company really establish Five Funds?
What does "the manner in which its business is conducted" mean?
How must one apportion expenses to the different Funds?
What is the tax effect if I get my expense allocations wrong?
Can an expense form part of the Fund Build-up if it is not tax deductible?
What does it mean to trade?
With regards to assessed losses, does the Trade Requirement apply to every Fund of a Life-Insurance Company?
What is back-solving?
How must Asset Management Fees be apportioned?
Does the General Deduction Formula apply to long-term insurers?
What must be done if the auditors are not satisfied that there is sufficient documentary evidence for expenses?
What is the main difference between life insurance tax calculation and other companies' tax calculations?
What is the difference between a Transfer Credit and an Assessed Loss in a PHF?
How does one utilize an assessed loss in a PHF?
What is a Special Transfer?
What is Locked-in New Business Strain?
Are premiums and claims part of gross income and expenses?
What is the rationale for a 30% transfer deduction?
Why can the Risk Policyholder Fund (RPF) deduct 100% selling and other expenses?
What is an "Annuity"?
Does dividend withholding tax (DWT) apply to a Policyholder Fund?
Section 23H and Benefits - Must Selling Expenses be Spread, and if so, How??
Can a company declare dividends out of a Policyholder Fund or the Risk Policy Fund?
How much detail must there be on the IT14L with regards to the Five Funds?
Can a life-insurance company claim wear and tear on assets?
What is Taxable Income? A Framework
Assessed Losses and Transfer Deductions
What does "shall be included" in Section 29A(1)(d)(i) mean?
Why is "year of assessment" important?
What does dormant mean?
Can SARS disallow excessive or unnecessary expenses?
Must provisional tax be based on best estimates or actual amounts?
What to do when a tax rate changes - Application of IAS 12
What is a "Business Day" and why is it important?
Must a micro-insurer perform a five-funds tax calculation?
What is the Meaning of SAM in an Insurance Environment?
If all premiums paid are refunded to a policyholder after 15 years, must the policy be allocated to the IPF or RPF?
IT14SD
Decommissioning of the IT14SD
What is it and when must it be completed?
SARS Guide - How to Complete an IT14SD
Comments and Questions relating to the section "IT14SD"
Long-term Insurance - Interpretation Notes (IN)
What are Interpretation Notes?
IN 47 (Issue5) and BGR 7 (Issue 4) - Wear and Tear
IN 102 (Issue 2) - Classification of Risk Policy - 12 May 2022
IN102 (Issue 1) - Classification of risk policy and once-off election to transfer policies issued before 2016
Comments and Questions relating to the section "Long-term Insurance - Interpretation Notes (IN)"
Rulings Issued by SARS
Published Binding Rulings Issued by SARS
Authority of Advance Rulings
Comments and Questions relating to the section "Rulings Issued by SARS"
Long-term Insurance - Binding Class Rulings (BCR)
What are Binding Class Rulings (BCR)
BCR045 - Post Retirement Medical Aid Benefits
BCR049 - Deductibility of insurance premiums - Environmental Maintenance
BCR088 - Deductibility of mining rehabilitation insurance premiums
Long-term Insurance - Binding General Rulings - (BGR)
What are Binding General Rulings (BGR)?
BGR 30 - Allocation of direct and indirect expenses within and between an insurer's funds - Issue 2
BGR30 - Allocation of direct and indirect expenses within and between an insurer's funds - Issue 1
BGR31 - Interest on late payment of benefits
BGR34 - Management of superannuation schemes
Long-term Insurance - Binding Private Rulings (BPR)
What are Binding Private Rulings (BPR)?
BPR 105 - Single Premium Whole Life Insurance Policy issued
BPR141 - Transfer of securities - UPF to UPF
BPR179 - Single Premium Life Insurance Policy Issued by an Off-shore Insurer
BPR226 - Transfer of the Long-term Insurance Business Partly to a Third Party and Partly Intra-group
BPR250 - Risk Policies
BPR251 - Cancellation of reinsurance agreement
BPR322 - Policy - Equity Linked Note
BPR358 - Amalgamation of Short and Long-term Insurers
BPR-402-Transfer of long-term insurance business to a local branch of a foreign reinsurer
BPR 416 -Transfer-of-reinsurance-business-from-a-resident-company-to-a-local-branch-of-a-foreign
Certain Explanatory Memorandums (EM) and Taxation Laws Amendment Bills (TLAB) relating to Insurance Tax Amendments
General
Explanatory Memorandum and TLAB 2024
Expanatory Memorandum and TLAB 2023
Explanatory Memorandum 2022 - IFRS 17 amendments
Explanatory Memorandum and TLAB 2021 - Definition of Insurer, Expense Ratio Clarification and Short-term Insurance Transfers
Explanatory Memorandum and TLAB - 2020 - Meaning of Market Value
Explanatory Memorandum and TLAB - 2019 - Foreign Reinsurance and Phasing-in Rules
TLAB - 2018
Explanatory Memorandum and TLAB - 2017 - Valuation Method, DAC and DRL
Explanatory Memorandum and TLAB - 2016 - Valuation Method
Explanatory Memorandum and TLAB - 2015 - Risk Policies, Foreign Reinsurance and Micro-Insurance
Explanatory Memorandum and TLAB - 2014 - Risk Policies and Foreign Reinsurance
Explanatory Memorandum & TLAB - 2013 - Investment Policies Disguised as Short-term Insurance Policies
Explanatory Memorandum and TLAB - 2012 - Mark to Market CGT Change and Deduction Formula
Explanatory Memorandum - 2011 - Employer Owned Insurance Policies
Explanatory Memorandum 2007 - Long-term insurers and controlled foreign companies
Explanatory Memorandum and TLAB - 2001 - Amendment of Section 29A and Second Hand Policies
Explanatory Memorandum 1999 - Introduction Section 29A
Explanatory Memorandum 1993 - Introduction of Section 29 - Four Funds Approach
Dissertations, Research Papers and Old Documents
Relevance of Dissertations, Research Papers and Old Documents
Taxation of Life Insurance - TE Hartwig
Taxation of Life Insurance in South Africa - Revisited RJ Clover
Taxation of Life Insurers in South Africa - Dissertation - Stefan Botha
Taxation of Long-term Insurers - Dissertation - HD Matthews
Thesis on Four Funds - Peter Donaldson
An Analysis of the Proposed Annual Mark-to-Market Taxation of the Capital Gains of Long-term insurance Policyholders - N Johnson
Capital vs. Revenue - Some Guidance
The Impact of Solvency Assessment and Management on Life Taxation - CE Pretorius
The Jacobs Committee Report (1992) - The Full Report
Jacobs Committee Report - Chapter 5 Dealing with the Long Term Savings Industry
Old Accounting Statement - AC 121 - Disclosure in the Financial Statements of Long Term Insurers
IT 18 - Tax Calculation when Section 29 was Introduced
Old FSB Documents and Other Interpretations
Usefulness of FSB Documents and Interpretations
Directive 140.B.ii GAAP and Prescribed Requirements 8 Nov 2014
Info Letter 1 of 2013 Treatment of deferred tax liabilities for statutory reporting purposes 4 Febr 2013
SAP104 Calculation Of Assets Liability And CAR Eff 31 Dec 2012
PGN 104
The impact of the implementation of the Solvency II 5 May 2012
Board Notice 169 of 2011 Eff 1 Jan 2012 Short-term Insurance
LT Tax Directive Current Liabilities Cover Letter Dec 2011
LT Tax Directive Current Liabilities Eff 9 Dec 2011
Directive 140.B.iii(LT) Differences AFS and LT 10 March 2006
Directive 145.A.i Disregard Negative Liabilities 8 Nov 2004
Info Letter 4 of 2004 Value of Liabilities 26 March 2004
FSB Directive to Long-term Insurers dated 7 March 2000
FSB Basic Guide to Long-term insurance
Other Useful Publications
SARS Interest Rates
Legislation and Websites
Income Tax Act, 58 of 1962 - As at October 2023
Income Tax Act, 58 of 1962 - As at July 2022
Insurance Act, 18 of 2017
Long-term Insurance Act, 52 of 1998
Tax Administration Act, 28 of 2011
Useful websites
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Realised Capital Losses
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