Legal updates and opinions
News / News
Temporary Employer / Employee Relief Scheme: tax implications
by Doelie, Lessing, Director and Andre van Heerden, Senior Associate
On 16 April 2020 the Minister of Employment and Labour issued amendments to the directives governing the Covid-19 Temporary Employer / Employee Relief Scheme (“TERS“). These must still be published in the Government Gazette. The directives provide, among others, that in order to speed up payment of Covid-19 benefits to employees, employers are urged to pay employees benefits in advance and then reimburse or set off such amounts against funds received from the Unemployment Insurance Fund (“UIF“).
While there are no express tax regulations/directives or amendments issued on whether employers should be treated as ‘agents’ when collecting payment from the UIF there is a strong basis to argue that this is the case and that the payment of these amounts to the employees should not result in a PAYE liability on the TERS benefits. PAYE must, therefore, not be deducted from the TERS benefits. It is also arguable that employees should be exempt from paying tax on the benefits received, as the tax legislation provides for a general exemption from tax of benefits or allowances payable in terms of the Unemployment Insurance Act – provided that the TERS benefits are legally payable in terms of that Act (which appears to be the intention). It is advisable, when affecting electronic payments to the employees’ bank accounts, that the amounts clearly be recorded as ‘UIF TERS benefits.’ This clearly distinguish the payments from any remuneration payments ordinarily received.
Should you require any formal advice regarding the above please do not hesitate to contact us.
Latest News
Navigating the Distressed Horizon – Restructuring South African Businesses in 2026
by Dr Eric Levenstein Director and Head of Insolvency and Business Rescue Looking ahead to 2026, restructuring of businesses are [...]
Intention to deem all performers in advertising, artistic and cultural activities as employees
by Andre van Heerden, Director, Jacques van Wyk, Director, Hannah Fowler, Candidate Attorney and Mikayla Ehrenreich, Candidate Attorney On 23 [...]
Publicly available information and your privacy: How South African law really works
Download Article By Ahmore Burger-Smidt – Director and Head of Regulatory 'Instagram' is great if you want to share [...]
A Catalyst for Economic Growth – Proposed Amendments to South Africa’s Merger Thresholds
by Ahmore Burger-Smidt, Director and Head of Regulatory On 27 January 2026, Minister of Trade, Industry and Competition, Mr Parks [...]
Privacy Day 2026: Moving beyond the consent myth under POPIA
DOWNLOAD PDF South Africa’s Protection of Personal Information Act, 2013 ("POPIA") provides multiple lawful bases for processing personal [...]
Back to the Future – Amendment of Rule 18 of the Ethical Rules leaves practitioners in uncertain territory
By Neil Kirby - Director and Head of Healthcare & Life Sciences, Slade van Rooyen - Associate and Farah Yassin [...]
