When obtaining a transaction (and, ultimately, registering the terms in a written transaction agreement), the parties may consider that VAT is levied on the value of the delivery of goods or services by a seller in the context or promotion of a business carried out by that seller. VAT is therefore not a tax levied on revenue. The value to be put on a delivery is the amount of the “counterpart” of such a delivery. The amount must therefore be obtained for, in response to or for the incentive to deliver goods or services for the amount subject to VAT. There must be a sufficient connection between delivery and payment for payment to be a consideration. It follows that in the case of compensation paid to a seller, it is necessary to check whether the payment is a consideration for the provision of goods or services by that seller. Where the amount of unfair dismissal falls within paragraphs f or c) of the definition of gross income, the employer is required to refuse the award, injunction or tally of an amount set in the PAYS deduction tables prescribed by SARS. Transaction agreements that will compensate for losses or damages may also provide for the full and final payment of the debt. However, such a clause is included in the agreement to facilitate settlement. Compensation is paid to compensate the applicant for losses or damages incurred and no part of the payment is paid in return for the applicant who is right about his right to sue.
In this scenario, no VAT is due by the recipient of the compensation. An employer based in South Africa is legally required to withhold payments of sums that constitute remuneration and must therefore deprive PAYE of a CCMA arbitration award, an employment tribunal order or a transaction amount received by a worker in connection with an unfair labour practice or unfair dismissal. If the amount relates to unfair dismissal and is therefore from the D) definition of gross income, the employer is required to apply to SARS for a personal income tax directive to determine the amount of PAYE to be withheld from the amount of the supplement, the market or the compensation. The provision of the directive is final and binding on the employer. The other developments cited by Gamble J were threefold, including that Mr. Beck was no longer in control of Kangra Coal at the time of the right to deduct, that the terms of the sale of the coal agreement provided that the Kangra Group was only responsible for any liabilities that existed at the time of the sale, and that all other debts had been transferred to Kangra Coal. , and that Mr. Beck`s decision to transfer the right to the Kangra Agreement, group (unlike Kangra Coal) was therefore strategic at the end of the day.
Parties to a labour dispute settled by agreement, in particular an agreement whereby an employer party pays a part of the work a compensatory amount as compensation, should therefore ensure that all are on the same side with regard to the actual after-tax amount paid to the part of the work.