Backdated ETI:
SARS has provided a period of time until 1 March 2017 for employers to implement ETI. Until this period, employers were allowed to claim backdated ETI calculated. Please refer to the following link:
https://www.sars.gov.za/FAQs/Pages/2303.aspx
From 1 March 2017 the employer cannot claim backdated claims for any period. The last month available to the employer to make that claim was in the February 2017 EMP201 return. The ETI amounts which the employer did not complete as ETI calculated on the EMP201 despite it being available at that time will be forfeited.
In terms of Section 7 of the ETI Act, the employer must calculate the ETI for each month during which he employs a qualifying employee. This calculated amount (ETI available for employer) must then be completed on the EMP201. If the amount is not completed on the monthly EMP201, it simply means that the employer has a 0.00 calculated ETI amount for that specific month.
Should an employer after the submission of the monthly EMP201, then calculates ETI for any of these backdate months, it will not be allowed by SARS, unless it is in the same reconciliation period (either March to August or September to February).
In order to claim the ETI, the employer must complete the calculated ETI field with the amount of the ETI that he calculated up to that month in the same reconciliation period during the current month in which the EMP201 is completed.
For example:
Sep ETI: 500 (not claimed)
Oct ETI: 500
EMP201 for October will have to reflect R1000 (500 for Sep + 500 for Oct) as calculated.
Section 9(4) of the ETI Act: However, if the ETI falls within the same reconciliation period, e.g. 1 March to 31 August OR 1 September to 28 February, then the employer may claim the backdated calculation in that period in the current month.
Please note that if the employer only applies ETI from September, it will mean that he will not be allowed to claim ETI for the previous interim reconciliation period (e.g. 1 March to 31 August) in terms of the provisions of section 9(4), such amount will be forfeited.
Section 9 of the ETI Act deals with the Roll-over amounts in cases where the ETI was available but could not be claimed due to non-tax compliance or limited PAYE available to off-set the available ETI.
