Can the interest be offset against the tax?
Question
The Company which I have been working for had a mandatory contribution to a Pension Fund that was deducted from my salary monthly. I have now left the company.Below are the amounts at withdrawal of Pension Fund.
Total amount at withdrawal R126,609.28 ,Actual Contributions R88,448.32 ( total amount deducted from my salary) .After tax I received R101,120.84
My questions regarding the above:
1)Can the interest be offset against the tax ?
2)The difference between what I received after tax and my actual contributions is interest - which is the best way to dispose of this.
Answer
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuh
If the pension fund was mandatory and you did not have an option in the matter, then the excess amount received will be permissible for you. It will be considered as your actual salary was the amount after deductions. The pension pay out is regarded to be a gift from the company.
Nawadirul Fiqh 1/326 Maktaba Darul Uloom Karachi
Fatawa Mahmoodiyya 16/391 Jamia Farooqiyya Karachi
Ahsanul Fatawa 7/35 H.M.Saeed
Ap ke Masail 6/212 Maktaba Bayyinat
And Allah knows best
Wassalam
Ml. Ishaq E. Moosa,
Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa
- Answered by
- Ml. Ishaq E. Moosa
- Checked & approved by
- Mufti Ebrahim Desai
Where scholars differ, it’s safer to take the more cautious view.
Fatawa SA is an independent, read-only index of fatawa already published by Darul Iftaa Mahmudiyyah. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue
For corrections or mistakes, please email us at fatawasa786@gmail.com.
Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/16634
Fatawa SA: https://fatawa.co.za/fatwa/askimam-16634
People also ask
Is it permissible to avoid paying tax?
“According to the SARS (South African Revenue Service) website, the estate duty is 20% of an estate exceeding R3.5 million. If the estate is R30 million or more, the estate duty will be 25%.”
Ask Imaam · 137 fatawa from 7 Darul Iftas on this
What the Darul Iftas say