Fringe Benefits Tax
A Lesson Context
Income tax is not just about your cash salary. It includes "Advantages and Benefits" granted in respect of employment. These are commonly known as Fringe Benefits. The system ensures equity: an employee receiving $1,000 cash plus a free house worth $500 should be taxed similarly to an employee receiving $1,500 cash.
B Legislative Framework
Section 8(1)(f) of the Income Tax Act brings into Gross Income:
"The value of any benefit or advantage accrued to an employee... in respect of his employment, including board, quarters, residence, furniture..."
This "catch-all" section ensures that almost any perk is taxable unless specifically exempted.
C Common Benefits & Valuations
1. Motoring Benefits
This arises when an employee uses a company vehicle for private purposes (including travel between home and work).
Deemed Cost Method: ZIMRA publishes annual tables based on engine capacity. (Example values - check Finance Act):
- Up to 1500cc: e.g., $1,800/annum
- 1501cc - 2000cc: e.g., $2,400/annum
- 2001cc - 3000cc: e.g., $3,600/annum
- 3001cc+: e.g., $4,800/annum
Note: If the employer sells the car to the employee below market value, the difference is also a taxable benefit.
2. Housing Benefit
- Municipal Area: Taxed on the Open Market Rental Value. If the employer pays rent to a landlord for you, the actual rent paid is the benefit.
- Non-Municipal (Mines/Farms): Often valued at a percentage of salary (e.g., 7-8%) or a percentage of the construction cost, whichever is lower.
3. Low-Interest Loans (Soft Loans)
Calculated as the difference between the Market Interest Rate (e.g., LIBOR + 5%) and the Actual Interest paid by the employee.
4. School Fees & Subscriptions
If an employer pays school fees directly to the school for an employee's children, the full amount paid is taxable in the hands of the employee. Similarly for club memberships, DStv subscriptions, etc.
D Allowances vs Benefits
It is crucial to distinguish between cash "allowances" and "benefits in kind":
Allowance (Cash)
e.g., Transport Allowance of $100 cash given to employee.
Treatment: Fully taxable unless the employee proves it was spent on business (rare for transport). Usually taxed 100% via PAYE.
Benefit (In Kind)
e.g., Use of a Company Car.
Treatment: Taxed on the Deemed Value (e.g., engine size table), which is often lower than the actual cash value of running a car.
Planning Point: Benefits in kind are often more tax-efficient than cash allowances.
E Case Law Integration
The "Prize" Case: An employee received a holiday prize from a manufacturer for achieving high sales. He argued it was a prize/gift, not income.
Ruling: The court held it was taxable. Why? Because it was received "in respect of services rendered". If the employment didn't exist, the prize wouldn't exist.
F Common Pitfalls
The "Business Use" Misconception
Employees often think "I only use the car for work." If you take the car home at night, that trip is private use. Thus, the full deemed benefit applies unless the car is parked at the office overnight (pool car).
Passage Benefit
Passage costs (holidays) paid by the employer are taxable. Exception: The first journey on taking up employment or relocation transfers are usually exempt.
G Knowledge Check
Q1: Mr. X receives a $200 cash transport allowance. Mr. Y is given a company car (1400cc). Which is more likely to be tax-efficient for the employee?
Q2: An employer pays $5,000 directly to a builder to extend an employee's personal house. Is this taxable?
Q3: True or False: If an employer pays for your gym membership, it is tax-free because it keeps you healthy for work.
Attempt these before checking the answers below.
H Quiz Answers & Explanations
A1: Mr. Y (Company Car). The $200 cash is fully taxed ($2,400/year). The 1400cc car deemed benefit might be around $1,800/year (depending on rates), resulting in lower tax payable.
A2: Yes, Fully Taxable. This is the settlement of a debt/expense on behalf of the employee. It is a "benefit or advantage".
A3: False. It is a private expense paid by the employer. It is a taxable fringe benefit.
I Key Takeaways
- Catch-All: S8(1)(f) taxes almost any benefit derived from employment.
- Motor Vehicles: Usually taxed on Deemed Value (Engine Size), not actual cost.
- Housing: Taxed on Market Rental Value.
- Efficiency: Structuring packages with benefits (like cars/housing) can sometimes be more tax-efficient than pure cash, but rules are strict.