Section 7 (ETI) – Determining amount of employment tax incentive

Part III
Determining amount of employment tax incentive

7      Determining amount of employment tax incentive

(1)     During each month, commencing from 1 January 2014, that an employer employs a qualifying employee, the amount of the employment tax incentive available to that employer is the sum of the amounts determined in respect of each qualifying employee of that employer stipulated in subsections (2) and (3) and section 9.

[Subsection (1) substituted by section 95(1)(a) of Act 15 of 2016 and by section 92(1) of Act 17 of 2017 effective on 1 March, 2017]

(2)     During each month of the first 12 months in respect of which an employer employs a qualifying employee, the amount of the employment tax incentive in respect of that qualifying employee, if the monthly remuneration of the employee is—

(a)     less than R2 000, is an amount equal to 75 per cent of the monthly remuneration of the employee;

[Paragraph (a) substituted by section 95(1)(b) of Act 15 of 2016, by section 5(1)(e)-(h) of Act 13 of 2020 and by section 6(1)(a) of Act 19 of 2022 deemed effective on 1 March, 2022]

(b)     R2 000 or more but less than R4 500, is an amount of R1 500;

[Paragraph (b) substituted by section 95(1)(c) of Act 15 of 2016, by section 5(1)(a) of Act 32 of 2019, by section 5(1)(i)-(l) of Act 13 of 2020 and by section 6(1)(b) of Act 19 of 2022 deemed effective on 1 March, 2022]

(c)     R4 500 or more but less than R6 500, is an amount determined in accordance with the following formula:

X = A – (B x (C – D))

in which formula—

(i)      “X” represents the amount of the monthly employment tax incentive that must be determined;

(ii)     “A” represents the amount of R1 500;

[Subparagraph (ii) substituted by section 5(1)(m)-(p) of Act 13 of 2020 and by section 6(1)(c) of Act 19 of 2022 deemed effective on 1 March, 2022]

(iii)     “B” represents the number 0,75;

[Subparagraph (iii) substituted by section 5(1)(m)-(p) of Act 13 of 2020 and by section 6(1)(c) of Act 19 of 2022 deemed effective on 1 March, 2022]

(iv)    “C” represents the amount of the monthly remuneration of the employee; and

(v)     “D” represents the amount of R4 500; or

[Paragraph (c) amended by section 95(1)(d) of Act 15 of 2016 and by section 5(1)(b) of Act 32 of 2019 deemed to have come into operation on 1 March, 2019. Subparagraph (v) substituted by section 5(1)(c) of Act 32 of 2019 deemed to have come into operation on 1 March, 2019]

(d)     R6 500 or more, is an amount of nil.

[Paragraph (d) substituted by section 95(1)(e) of Act 15 of 2016 and by section 5(1)(d) of Act 32 of 2019 deemed effective on 1 March, 2019]

[Subsection (2) amended by section 5(1)(a)-(d) of Act 13 of 2020 deemed to have come into operation on 1 December, 2021 and applicable in respect of any remuneration paid on or after that date]

(3)     During each of the 12 months after the first 12 months that the same employer employs the qualifying employee, the amount of the employment tax incentive in respect of that qualifying employee, if the monthly remuneration of the employee is-

(a)     less than R2 000, is an amount equal to 37,5 per cent of the monthly remuneration of the employee;

[Paragraph (a) substituted by section 95(1)(f) of Act 15 of 2016, by section 5(1)(u)-(x) of Act 13 of 2020 and by section 6(1)(d) of Act 19 of 2022 deemed effective on 1 March, 2022]

(b)     R2 000 or more but less than R4 500, is an amount of R750;

[Paragraph (b) substituted by section 95(1)(g) of Act 15 of 2016, by section 5(1)(e) of Act 32 of 2019, by section 5(1)(y)-(zB) of Act 13 of 2020 and by section 6(1)(e) of Act 19 of 2022 deemed effective on 1 March, 2022]

(c)     R4 500 or more but less than R6 500, is an amount determined in accordance with the following formula:

X = A – (B x (C – D))

in which formula-

(i)      “X” represents the amount of the monthly employment tax incentive that must be determined;

(ii)     “A” represents the amount of R750;

[Subparagraph (ii) substituted by section 5(1)(zC)-(zF) of Act 13 of 2020 and by section 6(1)(f) of Act 19 of 2022 deemed effective on 1 March, 2022]

(iii)    “B” represents the number 0,375;

[Subparagraph (iii) substituted by section 5(1)(zC)-(zF) of Act 13 of 2020 and by section 6(1)(f) of Act 19 of 2022 deemed effective on 1 March, 2022]

(iv)    “C” represents the amount of the monthly remuneration of the employee; and

(v)     “D” represents the amount of R4 500; or

[Paragraph (c) amended by section 95(1)(h) of Act 15 of 2016 and by section 5(1)(f) of Act 32 of 2019 deemed to have come into operation on 1 March, 2019. Subparagraph (v) substituted by section 5(1)(g) of Act 32 of 2019 deemed to have come into operation on 1 March, 2019]

(d)     R6 500 or more, is an amount of nil.

[Paragraph (d) substituted by section 95(1)(i) of Act 15 of 2016 and by section 5(1)(h) of Act 32 of 2019 deemed effective on 1 March, 2019]

 [Subsection (3) amended by section 5(1)(q)-(t) of Act 13 of 2020 deemed to have come into operation on 1 December, 2021 and applicable in respect of any remuneration paid on or after that date]

(3A)    . . . . . .

[Subsection (3A) inserted by section 5(1)(zG) of Act 13 of 2020, deleted by section 5(1)(zH) of Act 13 of 2020, inserted by section 5(1)(zI) of Act 13 of 2020 and deleted by section 5(1)(zJ) of Act 13 of 2020 deemed effective on 1 December, 2021 and applicable in respect of any remuneration paid on or after that date]

(4)     If a qualifying employee was previously, on or after 1 January 2014, employed by an associated person in relation to the employer that employs the qualifying employee, the number of months that the qualifying employee was employed by the associated person must be taken into account by that employer for the purposes of this section as if that employee had already been employed by that employer for that number of months.

(5)     If an employer employs a qualifying employee for less than 160 hours in a month, the employment tax incentive to be received in respect of that month in respect of that qualifying employee must be an amount that bears to the total amount calculated in terms of subsection (2) or (3) the same ratio as the number of hours that the qualifying employee was employed and is paid remuneration in respect of those hours by that employer in that month bears to the number 160.

[Subsection (5) substituted by section 116(1) of Act 43 of 2014, by section 95(1)(j) of Act 15 of 2016, by section 5(1)(zK)-(zN) of Act 13 of 2020 deemed effective on 1 December, 2021 and applicable in respect of any remuneration paid on or after that date]