Capital part of annuities may be free of tax

Published Oct 20, 1999

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I recently received an inquiry regarding various types of annuities, and

the tax implications.

Firstly, what is an annuity? It is generally accepted

as being an amount paid or received on a regular basis.

It would not, however, include an amount which is a payable as a fixed lump

sum, but which is simply settled over a period of time.

There is a clear

distinction between the two types of payment. Income tax legislation specifically includes any amount received or accrued

by way of annuity income in gross income. Thus, in general, annuities will

always be fully taxable on receipt.

Examples of annuities would be amounts

received in terms of retirement funds, for example monthly pension

payments, annuities paid in terms of a requirement in a trust deed (this

often arises as a consequence of a will).

There is, however, an exception which relates to purchased annuities -

those bought in terms of an annuity contract with an insurer. This only

applies to annuities bought by natural persons, not companies, close

corporations or another entity.

In terms of these types of contracts, the insurer agrees to pay to the

purchaser, or his or her spouse or surviving spouse, an annuity until the

death of the annuitant (the person specified to receive the annuity) or

until the end of a specified term. The insurer agrees to do this in return

for a lump sum. Such a contract cannot, however, relate to an annuity paid

from a pension, provident or retirement annuity fund.

The effect of the section is to exempt from tax the portion of the annuity

which represents the return of the capital lump sum invested. Thus, the

legislation presupposes that a portion of each annuity contains a small

portion of the original capital invested, and since, upon its return, this

would not be taxable if a normal investment had been made it will not be

taxable in this instance.

If you purchase such an annuity, the capital portion of the annuity will be

calculated by the insurer and, when you are given your IRP5 certificate

reflecting the tax that has been withheld by the insurer from the annuity,

it will reflect the amount of the total annuities paid to you during the

year that represent the portion of the capital sum you have paid to

purchase it.

If you would like to check the calculation, you will need to apply the

following formula: Y = A/B x C where A is the total cash consideration you paid for the annuity, B is the

total of all the annuities you expect to receive over the full period of

the annuity contract and C represents the annuities you have received in

the tax year.

If the contract is related to a person`s life period, you will need to

establish the period needed to determine B in the formula by establishing

the person`s life expectancy from the life expectancy tables. (These tables

distinguish between male and female and determine life expectancy based on

current age.) If there is uncertainty as to the period, ask your insurer to

explain how the calculation has been done because there are various other

criteria that need to be established. The insurer`s actuaries will have

performed the calculation but will also have complied with certain formulae

that are set out in the legislation.

The important thing to remember is that, when you complete your income tax

return, you need to distinguish between the taxable portion of the annuity

and the non-taxable capital portion as reflected on the IRP5.

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