South
Africa Scope of Income Tax
Resident
companies (i.e. those incorporated or effectively
managed in South Africa) are taxed on their
worldwide income. Non-resident companies are
taxed on their South African-sourced income.
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South Africa Income Tax Rates
The
corporate income tax rate is generally 28%;
there is also a secondary tax on companies
(STC) of 10% on net dividends declared by
the company.
Separate
corporate tax rates are charged on mining
companies (ranging from 28% to 50%, depending
on the material being mined); long-term insurance
companies (28% or 30%, depending on the type
of fund); small business corporations (between
0% and 28%, depending on taxable income);
employment companies and companies that are
non-resident (33%); and public benefit organisations/recreational
clubs (28% or 29%).
Retirement
funds are exempt from income tax with effect
from March 1, 2007.
For
small businesses (i.e. with annual turnover
of up to ZAR1m), a simplified Turnover Tax
method is available, which replaces value
added tax, income tax, provisional tax, capital
gains tax and STC. The marginal rates of Turnover
Tax for the 2009/10 year of assessment are
as follows:
Turnover |
Marginal
rate |
| ZAR0–ZAR100,000 |
0% |
| ZAR100,001–ZAR300,000 |
1%
for each ZAR1 above ZAR100,000 |
| ZAR300,001–ZAR500,000 |
ZAR2,000
+ 3% of the amount above ZAR300,000 |
| ZAR500,001–ZAR750,000 |
ZAR8,000
+ 5% of the amount above ZAR500,000 |
ZAR750,001
and above |
ZAR20,500
+ 7% of the amount above ZAR750,000 |
The
Turnover Tax method can prove useful where
record-keeping is too burdensome or expensive;
or meeting the requirements of the current
tax system is too difficult or expensive.
Note that it is not possible to register for
both Turnover Tax and VAT – small businesses
that are currently VAT-registered must deregister
before signing up for Turnover Tax. The business
must register for Turnover Tax by end February
to be able to benefit from this method for
the following year of assessment. Certain
limitations apply; for example, businesses
that provide a professional service, or are
public benefit organisations or recreational
clubs, do not qualify for Turnover Tax.
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South
Africa Calculation of Taxable Base
Tax
is calculated on gross income, excluding income
of a capital nature and, in the case of non-resident
taxpayers, income from a source outside South
Africa, and less allowable expenses and deductions.
Trading
losses can be carried forward indefinitely.
Losses cannot be carried back. Assessed losses
can be offset against a taxable capital gain.
South
Africa Filing Requirements and Payment of Tax
The
date by which tax returns must be submitted
is set each year by the tax commissioner.
The tax year runs from March 1 to end February,
although the taxpayer may choose an alternative
tax year. Tax returns can be submitted online.
Companies
must make two provisional tax payments during
the course of the tax year, and may opt to
make a third “topping-up” payment
six months after the end of the tax year.
Late
payment of tax is subject to interest of 11%.
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South
Africa Withholding Taxes
Interest
and dividends are not subject to withholding
tax. However, STC of 10% is payable on the
net amount of dividends, although it looks
likely that this will be replaced with a 10%
withholding tax towards the end of 2010.
Royalties
paid to non-residents are subject to withholding
tax of 12%, unless a double tax treaty applies.
Gross payments for income earned in South
Africa by non-resident sportsmen and entertainers
are subject to 15% withholding tax.
From
March 1, 2010, mining companies are subject
to a new royalty payment of between 0.5% and
7% on gross sales of minerals mined, less
allowable deductions.
South Africa Sales Taxes and VAT
The
standard rate of VAT is 14%, and applies to
most supplies of goods and services and imports;
some goods and services are exempt (e.g. financial
services, residential accommodation in a dwelling,
public passenger transport, educational services
and childcare services) or are subject to
zero rate VAT, such as exports. The registration
threshold is ZAR1m in any 12-month period,
although there is a voluntary registration
threshold of ZAR20,000.
Small
businesses who choose to pay tax through the
Turnover Tax method (see above) cannot register
for VAT.