Latest / Strictly Business / It's My Money with Ruan Breed
Transcript
- 0:00You're listening to Strictly Business Podcast with Lindsay Williams.
- 0:05This edition of It's My Money is brought to you by Brenthurst Wealth, your partner
- 0:09for global wealth creation.
- 0:11Welcome to It's My Money.
- 0:12It's My Money is brought to you by Brenthurst Wealth, South Africa's
- 0:15multi-award winning boutique wealth manager.
- 0:17I received a piece of work that says the following, income tax strategies in
- 0:22retirement structuring.
- 0:24Ruan Briat from Brent House Wealth is with me.
- 0:26Now Ruan, there's three things I want to tell you, or a couple of things I want to
- 0:29ask you, and one thing I want to tell you.
- 0:31What I want to tell you is that this is the sort of subject that you've got to go
- 0:36slowly with, with me anyway, because
- 0:38it sounds complicated just from the headline.
- 0:42The second thing is, is a question, is this a problem?
- 0:46Or second question, is it a problem that investors make it a problem?
- 0:51Which of the two?
- 0:52Hi, yes, Lindsay, thanks for having me.
- 0:55Yes, Andrew, 100% right.
- 0:56This is a very technical or could become a very technical topic to unpack.
- 1:02Yes, I don't think it's a problem.
- 1:04Instead, I would regard the whole Section 10c strategy more as a valuable estate
- 1:11planning tool, of course, if used correctly at that as well.
- 1:17So obviously, there's, you know, these days, there's a lot of DIY.
- 1:22investors out there, people making use of, you know, we had the previous discussion
- 1:27of passives versus active.
- 1:28So taking out the middleman, the fund manager, and with the use of new IA
- 1:35tools these days, you know, the more you'll find that more and more people want
- 1:39to do investing themselves.
- 1:41But obviously investments, like I always say, there's more to investments than just
- 1:46the return figure on your
- 1:48portfolio, which is what everyone obviously always looks at.
- 1:51I'm not saying that's not important, but I think there's other aspects of
- 1:56investments, especially when you look
- 1:58at high net worth clients, that comes into play, such as tax planning, estate
- 2:03planning, succession planning, all
- 2:05those kind of things, than just focusing on performances and fees.
- 2:10And I think this is where something like this comes in and where the value of a
- 2:15professional person is
- 2:17really seen or becomes visible.
- 2:19Yeah, this is exactly where a financial advisor comes in.
- 2:22And the reason I mentioned problem, let me just track back a bit here, is because the
- 2:25beginning of your article says one of the most misunderstood corners of
- 2:28SA's retirement legislation is what happens when an investor contributes more
- 2:33to a retirement fund than they are allowed to.
- 2:36That's where you go on to say where the problem starts.
- 2:40So there is obviously a problem there.
- 2:41And you've obviously come across problems with clients not understanding that.
- 2:45So what's the beginning of the problem?
- 2:47Start there, if you would.
- 2:49Yes, and I think that's pretty basic, Lindsay, and for purpose of this
- 2:52discussion is that there's obviously certain rules and regulations
- 2:55in terms of the Pension Funds Act and including underneath that umbrella is, you
- 3:00know, for something like a retirement annuity,
- 3:03which is just one of the vehicles.
- 3:05I think that's important to clarify.
- 3:07It's just one of the vehicles that an individual in South Africa in terms of our
- 3:12tax law can use
- 3:14to build up their portfolio over time for retirement.
- 3:18And like I say, once again, there's more to the discussion than just returns.
- 3:23I think that's where tax planning and estate planning especially becomes quite
- 3:27important.
- 3:29So by making use of the retirement annuity, you not only invest assets
- 3:36in a tax-efficient structure whereby there's no tax on the growth of any of
- 3:41these funds, but also you
- 3:43take these funds out of your dutiful estate as a South African investor.
- 3:48be paying 20 to 25 percent estate duty on the value of your assets when you pass
- 3:53away and i
- 3:55think this is this is where a retirement annuity becomes valuable and also also
- 3:59perhaps over contribution in terms
- 4:02of your retirement annuity so the the back to your question is that the law or
- 4:06retirement planning rules state that you
- 4:08can contribute up to 430 000 rand per annum to a retirement annuity and i think
- 4:14that's where the misconception
- 4:15lies is that You could contribute any amount you like to a retirement annuity in
- 4:21a given tax year up
- 4:22to, there's no limit.
- 4:24The only limit on the R430,000 is the limit that you can get in terms of your
- 4:30tax benefit in that
- 4:31year of assessment.
- 4:33Now, any contribution over and above your...
- 4:37Qualified tax deduction for that year will remain in your retirement annuity as an
- 4:43over-contribution.
- 4:45So that could be used for subsequent year's tax returns.
- 4:50Or if you could, for example, make a contribution every single year and you
- 4:55carry that excess
- 4:57contribution of the previous year over, that could be used in retirement to offset
- 5:02retirement income from the
- 5:04resultant living annuity.
- 5:06the income in terms of tax purposes.
- 5:08So when people see the 430,000, they think that's it, 430,000, I've reached my limit,
- 5:13I can't do any more.
- 5:14They've got that sum in their head.
- 5:16Like, for example, they might have the contribution to a TFSA sum in their head,
- 5:21which is true, you can't go above a
- 5:23certain amount when it comes to tax-free savings.
- 5:25But with this, in this case, the 430,000 is just a number, you can go above it.
- 5:33That's 100% right.
- 5:36Every structure that you could bring into your portfolio works according to certain
- 5:41rules and regulations, whether it's
- 5:42contribution limits, the tax management of the portfolio or the structure, etc.
- 5:49So this is where it really differs.
- 5:51So a tax-free savings structure, for example, plays a completely different role
- 5:59in both phases where you first accumulate funds and then in retirement where you use
- 6:04those funds.
- 6:05So every single one of those structures will be utilized differently in your
- 6:12portfolio.
- 6:13The one that's got set rules in terms of contributions and the other one that's got
- 6:19less so.
- 6:20But there's a misconception in that the amount that you can contribute towards an
- 6:24RA and what the benefits
- 6:27is that you will get by doing so.
- 6:30In my introduction, I said you'd have to go really slowly with me because it could
- 6:33become a very complex subject.
- 6:35And I always, when I'm faced with a complex subject and I'm interviewing one
- 6:39of you or your fellow experts, I
- 6:42ask for an example.
- 6:43Do you have an example of how it works?
- 6:47Yes, I do have an example that I could share, Lindsay.
- 6:51It's also written in the article.
- 6:54But for clarity purposes, for example.
- 6:58scenario I've used is that, for example, John retires from a pension fund and he
- 7:04likes to take a lump sum of two
- 7:05and a half million rand.
- 7:07Now, normally, when an investor retires, you've got a lump sum,
- 7:14a tax-free lump sum that you could take at the amount of 550,000 rand.
- 7:21And that's your lifetime with a lump sum amount.
- 7:24So, if you've made any prior lump sum withdrawals that will be taken into
- 7:28consideration to calculate your
- 7:30550,000 tax free lump sum so in this case john retires with a two and a half million
- 7:36rand
- 7:37uh lump somebody wants to take and the balance of the benefit is invested in a
- 7:42living annuity so the
- 7:44john has about four million rand of previously there's a large contribution
- 7:48still so in terms of the
- 7:51retirement fund lump sum there there will be uh Of the 4 million rand
- 7:57disallowed contributions, 2.5 million rand, the lump sum that he takes now, will
- 8:04be
- 8:04deducted from his previously disallowed contributions.
- 8:08So at the end of the day, he will still have a remaining balance of 1.5 million
- 8:13rand in disallowed contributions,
- 8:15of which he can then offset his income in subsequent years to the value of 1.5
- 8:20million rand.
- 8:21also note importantly that This will be deducted against or offset against gross
- 8:27income and not
- 8:28net income, which means that you will use that benefit very quicker.
- 8:33Now, another important caveat to note here is that in a case where you take a lump
- 8:39sum on
- 8:40retirement, in this case, John, that takes 2.5 million Rand, and you've got excess
- 8:46contributions
- 8:47where I mentioned that John has 4 million Rand in excess contributions.
- 8:51you will...
- 8:52first make use of your excess contributions and you will sort of forfeit
- 8:59your
- 8:59550,000 Rand tax-free lump sum.
- 9:03So the one and a half million Rand lump sum or disallowed contributions, sorry,
- 9:09disallowed
- 9:10contributions that John still has will now be offset in subsequent years in terms of
- 9:15income.
- 9:15So for example, if John earns annuity income of 900,000 Rand, In the
- 9:22first year of income, the full R900,000 will be exempted via 10C exemptions.
- 9:29So there will be zero taxable annuity income.
- 9:33You will have a remaining disallowed contribution of R600,000.
- 9:37So in the following year, his taxable annuity income would be R300,000.
- 9:43So what Section 10C essentially does then, any surplus contributions
- 9:50immediately become tax efficient.
- 9:52That's the why that we do it.
- 9:54But what sort of person should be doing it?
- 9:57That's a very good question.
- 9:58That's something we obviously get also quite often.
- 10:02The Section 10C, if you think about it, the reason or the value behind it lies in
- 10:08the
- 10:09tax management of the funds and how it falls into or out of your estate.
- 10:13So normally for clients with high level of allocation of their portfolio to
- 10:19discretionary funds, such as
- 10:20cash and share portfolios, etc.
- 10:23This is a very valuable tool to make use of, especially considering efficient
- 10:28succession planning.
- 10:30Remember that the value of your retirement funds fall outside of your estate and you
- 10:34are able to nominate beneficiaries on those funds.
- 10:36So those funds become immediately available for your beneficiaries.
- 10:41And.
- 10:42Also, in the case where you, for argument's sake, let's say you pass away
- 10:46with excess contributions in your
- 10:49RA or in your living annuity still in place, that value of those remaining
- 10:55excess
- 10:56contributions will also fall outside of your estate should the beneficiary of your
- 11:01annuity decide to
- 11:02continue with the annuity.
- 11:04So, if the beneficiary continues with the annuity, the value of the excess
- 11:11contributions remain in place and falls outside of the estate of the investor.
- 11:15If the beneficiary decides to cash out the annuity, then the excess contributions
- 11:22will be
- 11:22included in the investor's estate that passed away.
- 11:26But normally for clients with high levels of cash or discretionary assets compared
- 11:32to the retirement
- 11:33funds, this is a very valuable tool.
- 11:35We see this often for business owners that sell their businesses or people earning
- 11:42high salaries
- 11:43and it's got a large exposure to discretionary savings as opposed to
- 11:47retirement savings.
- 11:49I think this whole chat that we've just had is a great illustration of the fact
- 11:53that it's not just about making money.
- 11:55And you said that at the beginning.
- 11:56You can make a lot of money, but if you use that money incorrectly within a
- 12:01portfolio, then you
- 12:03lose.
- 12:04a lot of the benefits through being tax inefficient, if you like.
- 12:08And this is another example of why you need a financial advisor to structure your
- 12:13portfolio accordingly.
- 12:15Lots of people can make money.
- 12:16Not a lot of people can make that money work for them super efficiently.
- 12:20I think that's the message here.
- 12:22Yes, most definitely, Lindsay.
- 12:24And I think that's what I mentioned and referred to earlier is that you could
- 12:28focus on your returns and you could be lucky by generating
- 12:31proper returns.
- 12:32above whatever benchmark you would like to measure it against.
- 12:36But if your portfolio is not structured directly, you will leak a very large part
- 12:42of your portfolio in
- 12:43taxes back to the receiver of income.
- 12:47So if you are not very clever and astute as to how you structure your portfolio,
- 12:52your returns might all be
- 12:54in a certain sense in vain.
- 12:57Very good.
- 12:58Well explained.
- 12:58Even I understood that.
- 12:59Thank you very much for your time.
- 13:01Ruan Breed is a wealth manager at Brenthurst Wealth Stellenbosch.
- 13:05If you need to contact him about any of the sort of technical issues he's just
- 13:11well explained, you can do so
- 13:12by going to Ruan at brenthurstwealth.co.za.
- 13:16Ruan, thanks very much for your time again.
- 13:18And that was It's My Money.
- 13:20It's My Money was brought to you by Brenthurst Wealth, an award-winning
- 13:23boutique wealth management company.