Professional Documents
Culture Documents
Tax Administration Jamaica (TAJ) was established on April 1, 2011 under the Revenue
Administration (Amendment) Act 2011 and began operating in its current form on May 1,
2011. TAJ is a consolidation of the former Inland Revenue Department (IRD), Taxpayer
Audit and Assessment Department (TAAD) and Tax Administration Services Department
(TASD).
Operating as a government funded department, the primary goal of TAJ is to collect
domestic taxes, duties, rates and fees payable in accordance with the law and to do this
in such a manner that will sustain confidence in the tax system and its administration.
The organisation has the responsibility to:
Services
Customer Service
Taxpayer Accounting
Audit & Investigations
Debt Management & Collections
Compliance Research (FDIU)
Special Enforcement
Customer Care Centre & E-Business Support
Large Taxpayer Office
Legal
Support
Legislation & Treaties
Litigation (civil & criminal)
Research & Advice
Technical Specialists
Guiding
Vision
A
Principles
World-Class
Tax
Administration.
Mission
To collect the revenues due in an equitable and cost effective manner, foster voluntary
compliance, provide excellent service to our customers through an engaged and
empowered
staff.
Core Values
Integrity
Mutual Respect
Professionalism
Accountability
Customer-centric
Team Work
Role and Focus
As Tax Administration Jamaica pursues its role to foster economic growth and
development, by meeting its revenue target, its focus is to:
1.
2.
3.
Enhance communication & information channels
4.
Improve voluntary compliance
5.
Increase collections
New concepts of operations and compliance strategies have been developed to
specifically enhance national registration, taxpayer education, debt management,
collections and taxpayer accounting, as well as audit and investigations. These are all
aimed at meeting the objectives of TAJ and ultimately realising its vision.
Information For....
Individuals
Businesses
Tax Professionals
Charitable Org. & Donations
Information About....
Payroll
o
o
Employer's Guide
FAQs on S02
Tax Type
Motor Vehicle & Driver's Lic.
Rates and Fees
Refunds
TCC
TRN
Direct Banking
Other Links
FAQs
Related Sites
Contact Us
Customer Care Centre
Toll Free: 1-888-TAX-HELP (local)
Toll Free: 1-888-829-4357
Toll Free: 1-888-GO-JATAX (USA)
Telephone: (876)-902-9463
FAX: (876)-902-9494
Email: taxhelp@taj.gov.jm
Social Zone
Introduction
Important Definitions
PAYE SYSTEM DEFINED
Duties and Obligations of the Employer (Under the Income Tax Act)
Employers Duties outside of the Income Tax Act
Employers Annual Return of Income Tax Deductions
What are Emoluments?
List of items included in emoluments
List of items not included in emoluments
Exemptions to PAYE
CONTRACTS
Contract of Service
Contract for Services
Personal Services
Education Tax and Contracts of Personal Services
Other Categories of Employments and Emoluments Special Cases
Casual employees
Holiday Workers
Part-time Employees
Overtime Payments
Bonus Payments, Commission, etc.
Lump sum, honorarium, and ex-gratia payments
BENEFITS AND ALLOWANCES
Uniform and Laundry Benefits
Motor Vehicle Benefit
Accommodation/Housing Benefit
Salespersons Travelling Allowance
Travelling for Other Employees Who Use Their Own vehicles for Company Business
Subsistence Allowance
Meal Allowance
Entertainment
Tips, Prizes, Incentive Schemes, Awards etc., Cash Vouchers
Credit Cards
Telephone Expenses
Concessionary Loans
Gratuity under Approved Tourism Activities Scheme
SPECIAL CASES
Pensioners
Disabled persons
Employees who cease to work for an employer
When an employee dies
Directors
Income in Relation to Expatriates
Non-Residents and Income Tax payable
Termination and Redundancy Payments and lump sum payments
Treatment of Contributions to Superannuation Funds
Treatment of Loans to Employees (Study Leave)
Employee Share Ownership Plan (ESOP)
Payment in Week 53
Other Statutory Deductions
EDUCATION TAX
PAYE AUDITS, INTEREST AND PENALTIES
PAYE Audits
Interest
Penalties
APPENDIX I - How to Calculate Statutory Deductions (Example)
APPENDIX II - Value of Benefits Where Motor Vehicles are Provided for the
Private Use of Employees
APPENDIX III - Employees Entitled to Relief In Respect of Allowances for the
Provision of Uniform and Laundry
APPENDIX IV - Key Tax Dates to Remember
APPENDIX V - Payroll Tables
Introduction
There are compelling legal requirements for employers to make statutory deductions
from emoluments. In order to comply, it is necessary for those involved to have a good
understanding of all of the factors involved in this exercise.
The operation of the Pay As You Earn (PAYE) system is based on the Income Tax Act
and the Income Tax (Employment) Regulations.
This Employers Guide seeks to provide a reference, which will embrace various facts
of this important subject. This is a guide only and is not legally binding.
The guide provides detailed information about a number of special subjects, which fall
within PAYE, and gives guidance on the basic operation of the PAYE system.
Should you at any time have doubts about any aspect of the PAYE System, please feel
free to contact Tax Administration Jamaicas (TAJ) Customer Care Centre 1-888-TAXHELP (829-4357) or your local Revenue Service Centre/Tax Office for clarification.
The Income Tax Act is available for purchase at:
The Jamaica Printing Services (1992) Ltd.
77 Duke Street
Kingston.
Important Definitions
Act:
The Income Tax Act
Commissioner:
Refers to the Commissioner General
Collector:
The Collector of Taxes, c/o Tax Administration Jamaica/Revenue
Service Centres
Emoluments:
Means emoluments to which the Act applies, and references to
payments of emoluments includes reference to payments on account of emoluments.
Employee:
Any person in receipt of emoluments.
Employer:
Any person paying emoluments, whether on his own account or
on behalf of another person.
Income Tax
Month:
Every calendar month throughout the year of assessment.
Lump Sum:
Any payment other than a periodical payment
IT06:
Employers Annual Return form for summary of gross
emoluments and deductions made for all employees (for years prior to 2011)
S02:
Employers Annual Return form for the summary of gross
emoluments and deductions, relating to NIS, NHT, Ed TAX and Income Tax, made
for all employees (for years 2011 onwards)
S01:
Employers Monthly Remittance form for paying deductions,
relating to NIS, NHT, HEART, Ed TAX and Income Tax, made for all employees.
P24:
Certificate of gross emoluments and tax deducted to date during
the year.
P45:
Certificate of gross emoluments and tax deducted up to point of
leaving.
Relief from
Income Tax:
Includes non- taxable allowances and deductions.
Tax Deduction
Card:
A tax deduction card is the form prescribed by the Commissioner
General in any particular case.
Taxable
Emoluments:
Means emoluments reduced by:
An exemption or relief from tax pursuant to The Employee Share Ownership Plan
Act (ESOP) and taken into account for the purposes of The Income Tax
(Employments) Regulations, in a manner agreed with the Commissioner General.
Threshold/
Nil Rate:
Although not specifically defined by the Income Tax Act, the
threshold normally refers to that part of an individuals statutory income which bears tax
at zero rate/percent.
Statutory Income: This is the aggregate amount of income of any person from all
sources remaining after allowing for the appropriate deductions and exemptions given
under The Income Tax Act.
Year of
Assessment:
For the purposes of PAYE the year of assessment means the
calendar year January to December.
Duties and Obligations of the Employer (Under the Income Tax Act)
The Income Tax Regulations in the Second Schedule of The Income Tax Act outlines
the duties and obligations of the employer. These are:
1. To calculate and deduct the tax. Every employer, on making any payment of
emolument during any year to any employee is to deduct the appropriate
amount and record these on the PAYE deductions cards.
2. To make timely payments of deductions to the Collector of Taxes.
3. To deduct the correct amount of income tax from employees emoluments at the
time that they are paid.
4. To remit all the above-mentioned deductions within 14 days of the
monthfollowing the month in which the deductions have been made (for
example, the deductions for January should be remitted by the fourteenth
of February), using the S01 Employers Remittance Form.
NB: It is not a requirement for the employer to use the departments form, but any
similar form generated by the employer is adequate.
1. To provide any employee leaving your employment during the year with
a P45(Certificate of Gross emoluments and Tax deducted to date).
2. To prepare a P24 (Certificate of Gross emoluments and Tax Deducted) for each
employee at the end of each year. This should be done and given to every
employee every year.
3. To keep a record of the emoluments and all deductions made. These records
should be kept for up to six years.
4. To submit
o
o
o
o
o
salaries,
wages,
overtime pay,
fees,
bonuses,
perquisites,
accommodation,
entertainment,
utilities and other benefits of employment in money, kind or otherwise,
all annuities, pensions, superannuation or other allowances payable in respect of
past services in any office or employment of profit, whether legally due or voluntary,
and
including lump sums paid in commutation or in lieu of a pension or other
periodical superannuation payment, and
any payment of money made, or other valuable consideration given, to any
person being the holder or past holder of any office or employment of profit in
consideration for, or otherwise in connection with, the termination of the holding of
that office or employment (otherwise than by death) or any change in its nature or
terms,
o
o
o
o
o
or
any undertaking given by that person as to his future conduct, whether the payment is
made to that person or to his relative or dependent (in which case it shall be treated as made to
that person, unless he is dead, when it shall be treated as made to the recipient thereof);
The term has also been extended to include payments made under a contract or
arrangement where:
One person is under obligation to render personal services to another whether on his own
behalf; or on behalf of a company and
Where the person mentioned above is subject to supervision, direction or control by the
other person as to the manner in which he renders those services and the remuneration for the
services would not, except for these provisions, be treated as emoluments. (See Personal Service
below)
Cash Allowances
Uniform and laundry allowance paid to employees not in the exempt group.
Uniform and Laundry Allowances (if employees are in the exempt group not
exceeding $5739 p.a. and $3395 p.a. respectively. (See Appendix III)
Exemptions to PAYE:
Under Section 12 of The Income Tax Act, the following are sources of income that are
exempt from income tax:
1. Emoluments paid to the Governor- General and an Acting Governor-General
under any provisions of The Governor-General (Expenditure, Personal Staff,
Tax Exemptions and Pensions) Act.
2. Income derived from such wounds and disability pensions and war gratuities as
the Minister may declare to be exempt from income tax.
3. The emoluments paid from the United Kingdom funds or funds of any territory of
the Commonwealth (other than this island) to members of Her Majestys Forces
and to persons in the permanent service of the United Kingdom Government or
of any territory of the Commonwealth in respect of their offices under the United
Kingdom Government or such territory of the Commonwealth.
4. The official salaries and emoluments of Consuls, Vice-Consuls and members of
the permanent Consular services of foreign countries who are citizens of the
countries they represent in respect of their offices or in respect of services
rendered by them in their official capacities.
5. The income derived from sources outside of the Island of any person arriving in
the Island for the purpose of rendering technical assistance, where agreement
is made with the Government concerned.
6. Any amount paid to any person by Her Majestys Government in the United
Kingdom as compensation in respect of tax paid or payable by such person in
respect of any emolument paid to such person by the Government of India or
Pakistan.
7. Any
CONTRACTS
Persons may enter into contracts of varying kinds in order to render services. These
include:
Contract of Service
Contract of Service:
Once a Contract of Service is identified, then this means that the contract is one of
employment. The amounts paid under this contract are emoluments and therefore all
statutory deductions are to be made e.g. Income Tax (tax); Education Tax; both
employees and employers contributions, NHT, and NIS.
Under this contract arrangement a person (employee) is under an obligation to
render personal services to another person (employer) and the:
Individual (employee) is subject to the supervision, direction and control of
another person.
Performer receives vacation leave and any other staff related benefit.
Performer is required to file regular, oral or written status reports with the payer.
An individual who does not hold an integral position within the organization.
The performers right to provide services to more than one person at a time with
a separate contract between the performer and each payer.
Payment of a fixed amount or commission for the complete job rather than
periodic payments.
Performer assumes his/her own financial risk and has responsibilities for his/her
investment and management.
Personal Services:
Section 5(1) (c) (ix) of the Income Tax Act relates to contract for services with
certain classification and only accounts for the withholding of Income tax and
therefore does not apply to his statutory deductions. The other statutory deductions
would still be treated under the self- employed system. This can only be applied
when personal services are rendered, and what would not otherwise be seen as
emoluments are deemed to be emoluments.
Since year 2001 if a person supplies personal services such personal services
are subject to the income tax being deducted by the payer.
Holiday Workers
High school students (irrespective of age), full-time tertiary students and persons
participating in youth service programs, should be given the cumulative threshold (nil
rate) as at the date of employment, (if it is ascertained such persons were not employed
during the year). This does not apply to students doing evenings or part-time work
outside the normal holiday times.
(Employers need to request that the employee produces coding from TAJ. If this is not
received, emoluments are to be taxed without the application of the threshold.)
Overtime Payments
Overtime payments are taxable in the same way as regular emoluments. The overtime
amount is to be added to regular pay and the appropriate accumulative threshold
applied.
Payments for loss of office (see Termination and Redundancy Payments page 37
in this booklet for computation of amount that should not be taxed.)
Ex-gratia payments
The taxable portions of the above payments are subject to statutory deductions
in the normal way.
Where an employee falls in the exempt category and uniform is provided by the
employer, the tax on the benefit is as follows:
Cost of uniform to employer:
$10,000.00
Exempt amount
$ 5,739.00
Excess amount (benefit to employee)
$ 4,261.00
The benefit is now to be taxed as follows: $4,261 x 25% = $1,065.25
Where an employee does not fall in the exempt category, the calculation is as
follows:
Cost of Uniform:
$10,000.00
Benefit to employee:
$10,000.00 x 25%= $2,500.00
Tax on Benefit
$ 2,500.00
Accommodation/Housing Benefit:
The salesperson should complete the PO1 and Schedule 3 forms and take to
the Tax Administration Jamaica, Refunds Unit, 116 East Street Kingston, along with
his last Pay Slip showing clearly his basic pay, commission received and
any travellingreceived.
At the time of application, the Commissioner General will give a determined rate
based on the projected income of the salesperson, in addition to the tax free
threshold. This determination will be supplied to the employer and employee and the
amount is to be applied to the income of the employee by the employer before any
tax is deducted.
At the end of the year the salesperson is required to submit his final return on
theITO1 form. The salespersons P24 and The Schedule of Actual Income and
Expenditure should accompany this form for that particular year. This may result in a
refund or additional assessment based on the actual sums presented.
NB. This is to be done annually as the determined rate is applicable/valid for only one
year.
Travelling for Other Employees Who Use Their Own vehicles for
Company Business:
With respect to other employees who are genuine travelling officers required to travel on
the job and use their own vehicles for the business of the company, an application must
made by the employer on behalf of these employees for permission/approval from Tax
Administration Jamaica for an allowance for wear and tear, and travelling in respect of
the motor vehicle (non-taxable traveling allowance).
The employer must prove to the Commissioner General that such persons are using the
vehicles to perform the job. The employer should apply to the Commissioner General
stating:
Purpose of travel
Subsistence Allowance:
This is payment made to employees for actual expenses incurred or in lieu of actual
expenditure.
These amounts are reimbursable expenses and as a result would not be considered as
a benefit and would not be taxed. Payments made to employees, that are termed
subsistence allowances, should be paid at a scale rate, which no more than reimburses
the employee for the actual expenditure.
The Commissioner General must approve the scale for the payments to be
classified as tax-free.
Meal Allowance:
Lunch vouchers issued to employees that are quantifiable to a specific employee are
taxable as emoluments. However if the Company has a canteen, or a subsidized lunch
programme and the amounts are not quantifiable and traceable to a particular employee
then this amount is not taxable. Where the voucher is for an amount and the employee
may or may not use it fully, i.e. the quantum is not defined, then the voucher should not
be taxed.
Meal allowance given to employees for work done outside of normal working hours is
not taxable.
Entertainment:
The amounts paid with respect to this item should be considered as an emolument to
the employee and all relevant taxes should be withheld, unless it falls under the
definition of business entertainment as set out in Section 13(8) of The Income Tax Act.
Business entertainment as defined by The Income Tax Act:
(a) means entertainment (including hospitality of any kind) provided by a person, or
by a member of his staff, in connection with a trade, business, profession, employment
or vocation carried on by that person, but does not include anything provided by him for
members of his staff unless its provision for them is incidental to its provision also for
others;
(b) any reference to expenses incurred in providing business entertainment includes a
reference to expenses incurred in providing anything incidental thereto, and any
reference to the members of a persons staff includes references to persons employed
by that person, and, in the case of a company, directors of the company or persons
engaged in the management thereof whether or not employees of the company.
Credit Cards:
Under Section 5 of The Income Tax Act, any payments made with respect to
credit cards should be considered as emoluments to the employee unless it can be
proven that the credit card was used for the purpose of acquiring income for the
business.
Where the employee has a personal credit card and the employer pays all the
expenses relating to the card, the amounts paid by the employer will be considered
as emoluments of the employee and taxed accordingly.
Where the company provides the employee with a credit card and it is used
solely for the purpose of business entertainment, then it is not an emolument and all
expenditure should be treated as allowable for the business for tax purposes.
Where the company provides the credit card and the employee uses the card for
both business and personal reasons, then the amounts that are personal will be
considered as emoluments and subject to the relevant taxes.
Where the employee has a personal card and the employer pays all the
expenses related to the card and these expenses are of a personal nature then the
amounts paid will be taxable as emoluments for tax purposes.
Telephone Expenses:
Under Section 5 of The Income Tax Act, where it is necessary for the employer to
place in the employees residence a telephone due to the nature of his job, then the
company shall not treat the payment of the rental and all official calls made as
emoluments.
Any other form of telephone expense, which is incurred as such, will be
considered as emoluments. These expenses will include all cellular telephone bills
paid by the employer on behalf of the employee and the calls made on the said
telephone are private in nature.
In the event where calls of a business nature made on a private telephone are
paid by the employer, then this is not an emolument but can be claimed by the
business as an expense wholly and exclusively incurred to earn the income.
Concessionary Loans:
Employees of specified Financial Institutions will be assessed on emoluments from the
benefits of the cash equivalent of the difference between the interest payable on loan
(s) at the prescribed rate at 18% (January 1, 1999- September 2002) and 14%
( effective October 1, 2002) and the interest payable at the concessionary rate.
Specified Financial Institutions for this purpose are as follows:
Bank of Jamaica
Merchant Banks
Development Banks
Insurance Companies
Trust Companies
Any other institution licensed under the Banking Act or Financial Institutions Act,
as the case may be.
Only loans up to a maximum of $1,500,000, if used for the following purposes will be
exempt:
Purchasing land
Education
Training
Emergency needs (compassionate loan)
Furnishing of residence for owner occupation.
The entity must have from the Ministry of Finance, an Approved Gratuity
Scheme.
Gratuity from which tax free payments are made must not exceed 10% of sales
which refer to the cost of food, beverage, accommodation and other supplies to
these customers.
The amount to be paid without deduction of tax is capped at $250,000 per annum for
each employee.
All employees are entitled to gratuity. However, as at July 1, 2000 any employee, who is
in receipt of emoluments of more than $500,000 per annum, is not entitled to a tax free
gratuity. This means that employers must deduct income tax and other statutory
deductions from such gratuity paid to the employee.
The gratuity of $250,000 does not have to be pro-rated as is done with the threshold,
but if the employee leaves the employment, the appropriate certificate (P45) should
reflect payments made to date.
If an employee earns below the threshold, the employer can use the remaining amount
against the taxable gratuity
This will cease in January 2013 when the income tax threshold (nil rate) is increased to
$507,312 as the threshold will be greater than the gratuity benefit.
SPECIAL CASES
Pensioners:
If a pension is paid to an employee, the normal threshold should be applied. In order for
the pensioner to get the additional $80,000 exemption from income tax pension and the
age exemption (for individuals 65 years old and over) of $80,000 this person will have to
apply, in writing, to Tax Administration Jamaica - Refunds Unit for the approval.
Pension on retirement shall not be treated as a cessation of employment for the
purposes of the Income Tax Regulations if the same person pays the emoluments both
before and after retirement.
Pension income of British Subjects living in Jamaica is taxable in Jamaica. Under the
double taxation treaty with Britain, the pensioner may apply to The Inland Revenue
Department in Britain for the relevant form (Form X). This form should be completed
and sent to Tax Administration Jamaica, which will forward same to the British
authorities indicating that Jamaica will collect the tax and therefore the pension will be
exempted in Britain and taxed only in Jamaica.
The social security payments received in Jamaica from Canada under the Pension
Actshould not be taxed in Jamaica as long as they are not subjected to tax in Canada,
but other pensions, workplace related pensions are taxable.
In the case of The United States of America (USA), social security payments and other
public payments paid to a resident of Jamaica is not taxable in Jamaica, but may be
taxed in the USA.
Disabled persons:
The emoluments payable to an individual who is certified by the Minister responsible for
social security, on the advice of The Chief Medical Officer, to be a person who is
disabled are not taxable (See Exemptions above for further guide)
Directors:
When remuneration is made to a director the payment should be the earliest of the
following:
When the director becomes entitled to be paid, whether payment is made or not.
When the payment is credited in the companys accounts or records, even if the
director cannot draw on it straight away.
All payroll deductions should be computed at this time. If the payment is not expensed
then there is no need to apply the statutory deductions.
This guide does not seek to explain how the entitlement works; it will only explain how
to calculate the amount that should not be taxed.
The Income Tax (Termination of Employments) Order 1971, determines what should not
be taxed when a payment is made.
Payment in lieu of notice, sick pay and vacation pay should not be calculated as a part
of the Redundancy amount, but will be part of the Redundancy package. Statutory
deductions should be applied to these payments in the normal way, as well as the
portion of the redundancy payment that is not exempt.
The formula to be used to calculate the tax-free portion is for example:
2 x Average Salary for the last 3 Years x number of Years of Service
33 1/3 Years
Salary in Year 10 (June 2006 - May 2007)
$1,200,000
Salary in Year 9 (June 2005 - May 2006)
$1,000,000
Salary in Year 8 (June 2004 - May 2005)
$ 980,000
Total
$3,180,000
Average Salary for last 3 Years $3,180,000 = $1,060,000
3
Use the formula for the tax-free portion, the amount is:
2 x $1,060,000 x 10 Years Service
=
$715,500
33 1/3
Total Redundancy payment
$1,000,000
Less tax free portion
$ 715,500
Taxable amount
$ 284,500
Tax payable 284,500 x 25%
$
71,125
Payment to be made to Employee $1,000,000-$71,125 = $928,875
The employee is not entitled to leave or earned vacation leave during the period for
which the payment is to be treated as a loan. Any emoluments paid during any period
of this study leave are subject to taxes and contributions:
The employee is bonded to work for a specified period in the employers service
after the expiration of the leave.
The loan or part thereof is to be repaid if the employee leaves the employment
before the end of the specified period.
There should be the usual procedures done for the loan to be legal, (i.e.
registered and stamped)
Any salary increase during the period of training should be provided for in the
agreement or an annex to the loan. If this is not done, any sums paid over and
above the loan specified should be treated as emoluments and therefore subject to
taxes and contributions.
If the employee suffered tax on this loan a claim for refund can be made.
Where the employer granting the loan is subject to income tax, and the amounts
paid to the employee is treated as emoluments (i.e. salary) and as a deductible
expenses in determining taxable income, any sum determined to be a loan to the
employee should not be allowed as a deductible expense, (if it is expensed then a
refund cannot be made.)
Requirements to file for refund for employees on study leave:
Certificates of pay (P24) for the calendar year of the period that is affected by the
Study Leave
Loan agreement
EDUCATION TAX
NB: This Guide will not be going in details about the other deductions (except for
Ed. Tax), as they are administered by other entities. Kindly contact the local
offices for guidance.
Education Tax:
Employers should deduct Ed. Tax at the rate of 2.25% from the pay of employees
after the deduction of NIS, Superannuation and any contribution to ESOPschemes.
Education Tax is payable by employees between the ages of 18 and 65.
Amounts are due and payable to the Collector of Taxes in the local Revenue
Service Centres/Tax Offices.
At the end of the year a Employers Annual Return (S02) should be filed by March 31, with details
of:
The employer may be audited at any time for the accuracy of the return.
Where a PAYE audit results in additional tax, this additional tax is deemed to be
an assessment. The auditor will convey the details of the assessment to the
employer.
The assessment will be issued to the employer on a certificate on behalf of the
employees. The employer would have thirty (30) days from the date of the notice in
which to object.
This assessment is subjected to interest and penalty (See section below on
Interest and Penalty).
Under the Income Tax Act, Section 79(1) (b), interest is charged from the day
after the date of collection, as defined in Section 78(4), until the date of payment on
all outstanding amounts under this Act.
Penalty:
Section 41(1) stipulates that any person required by this Act to deduct tax on the
payment by him of any sum and pay or account for the same to the Commissioner
General of Tax Administration Jamaica or any other person shall make the said
payment of tax, or render the said account, or do both, as his duty may require,
within fourteen (14) days after the end of the calendar month in which the first
mentioned payment was made, whether or not tax was in fact deducted from that
payment.
Section 41(2)(a) states that where a person fails to pay over tax deducted at
source (e.g. PAYE deductions), these deductions shall be increased at the rate of
fifty-percent (50%) per annum from the day after the date on which payment should
have been made.
Where an employer does not submit PAYE deductions to the Collector of Taxes
by the due date, the late payments attract increase of tax (penalty) of fifty percent
per annum. This increase of tax (penalty) may only be remitted in whole or part by
the Minister of Finance.
Where the tax was not deducted by the employer, he shall be treated as if the
tax was increased at such rate, not exceeding fifty percent (50%) as the
Commissioner General may direct, [Section 41(2)(b)], i.e. the Commissioner
General may determine a rate between (0 50%).
APPENDIX I
How to Calculate Statutory Deductions (Example)
Salary and other Emoluments
Year 2012
Amount
Salary
Travelling
Gross Emolument
Deduct
NIS 2.5% To a maximum of
Superannuation
Taxable Income
$
703,500
90,000
793,500
1,000,000
10%
- 19,837.5
- 79,350
694,312.5
(Per annum)
-441,168
253,144.5
63,286.13
15,870
13,886.25
793,500
-19,837.5
-63,286.13
-79,350
-15,870
-13,886.25
601,270.12
APPENDIX II
Value of Benefits Where Motor Vehicles are Provided for the Private Use of Employees
Age of Motor Vehicle
(a) Under 5 years
(b) 5 years or more
Original Cost of
Motor Vehicle
Usage During Year
($)
Up to 50%
Over 50%
Up to 50%
Over 50%
Private Use ($) Private Use ($) private Use $) Private Use ($)
Up to 300,000
40,000.00
48,000.00
30,000.000
36,000.00
Over 300,000 50,000.00
60,000.00
40,000.00
48,000.00
700,000
Over 700,00075,000.00
80,000.00
60,000.00
65,000.00
1,000,000
APPENDIX III
Employees Entitled to Relief In Respect of Allowances for the Provision of
Uniform and Laundry
Persons registered under the Dental Act, medical Act, Opticians Act, Veterinary
Act, Profession Supplementary to Medicine Act and Nurses and Midwives Act
Correctional Officers
Attorneys-at-law
Resident Magistrates
Judges
Customs Officers
Port workers
Messengers
Drivers
Watchmen
APPENDIX IV
Key Tax Dates to Remember
January 1 & December 31 The beginning and the ending of the tax year respectively.
The last day to file return and pay Income Tax due on the
March 15th
return
The last date for remitting Income Tax, and Education Tax
14th of each Month
deducted from the previous month, to the Inland Revenue
Department.
The last date for sending in the End of Year PAYE returns
st
March 31
to the Revenue Service Centres/Tax Offices of Tax
Administration Jamaica or NHT Branch Office.
Last date for sending details of Income & Expenditure
September 30th
Statement & P01 forms for salespersons. (Date
determined by the Commissioner).
APPENDIX V
Payroll Tables
National
Insurance
ED. TAX
Calculated on
gross wages
(after NIS and
Pension)
Wage ceiling is Rates:
$1,000,000 p.a. Employer
effective August - 3%
2, 2010 (max. Employee
payable
2%
Calculated on
Gross Pay
Tax
33 1/3
$25,000 p.a.,
$2,083.33 p. m
or $480.76 p.
w.)
Wage ceiling is
$500,000
p.a., as of July
2003 (max.
payable
$12,500 p.a.,
$1041.66 p. m
or $240.38
p. w.)
Wage ceiling
was $250,000
p.a. as of 5
February 1996
(max. payable
$6,250 p.a.,
$520.83 p.m. or
$120.19 p.w.)
Prior to 5
February 1996
wage ceiling
was $15,080
(Max. payable
$377.00 p.a.,
$31.40 p.m. or
$7.25 p.w.)
Rate
Employer 2
%
Employee 2
%
Expatriate 2
%
Self-Employed
(not liable as
an employed
person)
Flat rate $20p.w., the
yearly
aggregate of
which shall be
taken into
Self-employed
-2%
Expatriates
Domestic Worker
between Ages 18
&Retirement age
20 cents p.w.
%
1989-91
$10,400
33
1/3 %
1992
$14,352
33
1/3 %
1993
$18,408
25%
1994
$22,464
25%
1995
$35,568
25%
1996
$50,544
25%
Self-employed
1997-98
$80,496
25%
who works for
1999-2000
$100,464
less than
25%
2000-04
minimum wage $120,432
25%
Nil
2005
$144,768
25%
2006
$193,440
25%
Retirement age: 2007
$193,440
25%
65yrs for
2008
$193,440
employed
25%
persons.
2009
$270,504
25%
No age limit for
2010
$441,168
25%, 27.5%,
self- employed
35%
persons.
2011
$441,168
25%
Employers
2012
$441,168
25%
portion for
GovernmentMini Pensioners Exemption:
stries,
1986 - 1993
$15,000
Departments,
1994 - 2008
$45,000
Parish Councils, 2009
$62,500
Kingston & St.
2010 onwards
$80,000
Andrew
Age Exemption (65 yrs & over):
Corporation,
1986-93
$15,000
University of the 1994 - 2008
$45,000
West Indies - Nil 2009
$62,500
2010 onwards
$80,000
Retirement Age:
55yrs if a pensioner or permanently incapacitated;
or 65 yrs whichever occurs first
Penalties
20% interest p.a.
50% penalty p.a.
account when
assessing
liability to pay
at5% of total
yearly
emoluments.
Wage related 5% p.w.
Wage related
5%*
Voluntary
Contributor
- $20 p.w.
Domestic
worker - $10
p.w.
JDF
Office
$10 p.w.
Penalties
20% interest
p.a.
Retirement age
Man
Woman
65yrs
60 yrs**
(if retired from
regular
employment)
OR
70 yrs
65 yrs
(whichever
occurs first)
APPENDIX I
How to Calculate Statutory Deductions (Example)
Salary and other Emoluments
Year 2012
Amount
Salary
Travelling
Gross Emolument
Deduct
$
703,500
90,000
793,500
(Per annum)
1,000,000
10%
15,870
13,886.25
- 19,837.5
- 79,350
694,312.5
-441,168
253,144.5
63,286.13
793,500
-19,837.5
-63,286.13
-79,350
-15,870
-13,886.25
601,270.12
APPENDIX II
Value of Benefits Where Motor Vehicles are Provided for the Private Use of Employees
Age of Motor Vehicle
(a) Under 5 years
(b) 5 years or more
Original Cost of
Motor Vehicle
Usage During Year
($)
Up to 50%
Over 50%
Up to 50%
Over 50%
Private Use ($) Private Use ($) private Use $) Private Use ($)
Up to 300,000
40,000.00
48,000.00
30,000.000
36,000.00
Over 300,000 50,000.00
60,000.00
40,000.00
48,000.00
700,000
Over 700,00075,000.00
80,000.00
60,000.00
65,000.00
1,000,000
Over 1,000,000 90,000.00
100,000.00
72,000.00
80,000.00
1,500,000
Over 1,500,000
120,000.00
140,000.00
98,000.00
100,000.00
Example: Original cost of motor vehicle over $300,000 - $700,000 under 5 years old
and up to 50% private use.
Taxable benefit on motor vehicle
$50,000.00
Tax thereon 25% per annum
$12,500.00
APPENDIX V
Payroll Tables
National
ED. TAX
Insurance
Calculated on
Calculated
gross wages
on Gross
(after NIS and
Pay
Pension)
Wage
Rates:
ceiling is
Employer
$1,000,000
- 3%
p.a.
Employee
effective
-2%
August 2,
Self2010 (max. employed
payable
-2%
$25,000
Expatriates
p.a.,
Domestic
$2,083.33 Worker
p. m or
between
$480.76 p. Ages 18
w.)
&Retirement
Wage
age 20
ceiling is
cents p.w.
$500,000
p.a., as of
July 2003
Self(max.
employed
payable
who works for
$12,500
less than
p.a.,
minimum
$1041.66 p. wage - Nil
m or
$240.38
Retirement
p. w.)
age:
Wage
65yrs for
ceiling was employed
$250,000
persons.
p.a. as of 5 No age limit
February
1996 (max.
payable
$6,250 p.a.,
$520.83
p.m. or
$120.19
p.w.)
Prior to 5
February
1996 wage
ceiling was
$15,080
(Max.
payable
$377.00
p.a., $31.40
p.m. or
$7.25 p.w.)
Rate
Employer
2%
Employee
2 %
Expatriate
2%
SelfEmployed
(not liable
as an
employed
person)
Flat rate $20p.w., th
e yearly
aggregate
of which
shall be
taken into
account
when
assessing
liability to
pay at5% of
total yearly
emoluments
for selfemployed
persons.
Employers
portion for
Government
Ministries,
Departments
, Parish
Councils,
Kingston &
St. Andrew
Corporation,
University of
the West
Indies - Nil
2009
$270,504
25%
2010
25%, 27.5%, 35%
2011
25%
2012
25%
$441,168
$441,168
$441,168
Pensioners Exemption:
1986 - 1993
$15,000
1994 - 2008
$45,000
2009
$62,500
2010 onwards
$80,000
Age Exemption (65 yrs & over):
1986-93
$15,000
1994 - 2008
$45,000
2009
$62,500
2010 onwards
$80,000
Retirement Age:
55yrs if a pensioner or permanently
incapacitated; or 65 yrs whichever
occurs first
Penalties
20% interest p.a.
50% penalty p.a.
.
Wage
related -5%
p.w.
Wage
related
5%*
Voluntary
Contributor
- $20 p.w.
Domestic
worker
- $10 p.w.
JDF
Office
-$10 p.w.
Penalties
20%
interest p.a.
Retirement
age
Man
Woman
65yrs
60 yrs**
(if retired
from regular
employment
) OR
70
yrs
65 yrs
(whichever
occurs first)
Q1.
A1.
Q2.
What is the benefit of the new Employers Annual Return (SO2) Form to the
employer?
A2.
The employer now only has to complete a single return for ALL payroll
information and will no longer have to visit several different agencies to submit
annual payroll returns.
Q3.
A3.
Which annual returns does the Employers Annual Return (S02) Formreplace?
The S02 replaces:
C4 Employers Annual Return: Declaration and Certificate (NIS/NHT)
IT06 Employers Annual Return PAYE (Income Tax)
IT06 PAYE Employers Annual Return Schedule 5 & 6
ET02 - EDTAX Self-Employed Annual Return (with employees)
ET03 - EDTAX Organization Annual Return
Deduction Cards
Q4.
A4.
Q5.
As of what date must employers begin to use the Employers Annual Return
(SO2) Form?
After December 31, 2011 in respect of year 2011 and onwards.
A5.
Q6.
A6.
Q7.
Q7.
What is the due date for submitting completed Employers Annual Return (SO2)
Forms?
After December 31, 2011, employers may start submitting their 2011 Employer's
Annual Return SO2 Forms. As existed previously for NHT, the new deadline for
submitting the single annual return, irrespective of the agency, is now March 31.
This means that the deadline for submitting the2011 Employers Annual Return
(SO2) Forms will be March 31, 2012.
Does the March 31 due date for filing the new Employers Annual Return
(S02)only relate to year 2011?
No. March 31 is the due date for filing Employers Annual Return (S02) for 2011
and onwards.
Q8.
A8.
Q9.
A9.
Q10.
What proof will I receive that I have submitted an Employers Annual Return
(SO2) Form electronically?
The online system will automatically generate a receipt number and a copy of
the endorsed return which you should print &/or save for your record.
Q12.
What proof will I receive if I submit an Employers Annual Return (SO2) Form on
paper?
A12. You will get a signed Return Deposit Slip or Fact of Filing Receipt.
Q13.
Will I get a receipt for NHT when I submit Employers Annual Return (S02)
Forms at a Tax Office?
A13. You will get a single receipt from the office where you submitted the return
(whether NHT or the Tax Office). This receipt will show the annual amount
declared for each statutory deduction type.
Q14.
How will information be passed to the other agencies? For example if I submit
my return at a Tax Office, how will NHT get the information?
A14. Each return will be centrally scanned and made available to all the agencies.
Returns submitted online will be accessible electronically through a secureport by
all agencies.
Q15.
Can the new Employers Annual Return (SO2) Form be used by Self Employed
persons?
A15. Yes, but only for reporting payroll information on behalf of their employees. Any
information relating to the personal status of selfemployed persons mustcontinue to be submitted on the appropriate existing
forms.
Q16.
How many copies of each the Employers Annual Return (SO2) Form must be
submitted?
A17. You only need to submit one (1) Form. However if you choose to submit a copy,
it will be stamped and returned to you.
Q18.
Q19.
A19.
Can I complete the S02 Form for a single contribution type, such as NHT only?
No. The Employers Annual Return (S02) Form MUST be completed showing
information for ALL statutory deduction types.
Q20.
Can Annual Returns for prior years be submitted on the previous Annual Return
form(s)?
A21. Yes. Annual Returns prior to year 2011 have to be submitted on the previous
separate Annual Return Forms.
Q22.
A22.
Q23.
A23.
From what date will interest for outstanding payments start to accrue?
There is no interest in respect of the non-filing of the S02 form. However in
respect of outstanding monthly payments, interest will start to accrue the 15 thof
each month following when the payment was due.
Q24.
Since the filing due date has changed to March 31, can I wait until then to pay
monthly deductions for the Month of December?
A24. No. The payment due date remains at the 14th day of each month following the
month in which it was deducted. This means that deductions for December
MUST be paid by January 14 using an Employers Monthly Remittance of Payroll
Deductions - S01.
Q25.
A25.
Q26.
A27.