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South Africa

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Tax authorities

South African Revenue Service
Physical Address: Lehae La Sars, 299 Bronkhorst Street, Nieuw Muckleneuk, 0181, Pretoria
Postal Address: Private Bag X923, Pretoria 0001
Tel: +27 12 422 4000
Fax: +27 12 422 6848
Website: www.sars.gov.za

Tax rates at a glance

(As of September 8 2011) 

Corporate Income Tax 28%
Capital Gains Tax 14%
Secondary Tax on Companies) 10%
Branch Tax 33%
 
Withholding Tax
Dividends 0%
Interest 0%
Royalties from Patents, Know-how, etc. 12%
Branch Remittance Tax 0%
 
Net Operating Losses (Years)
Carryback 0
Carryforward Unlimited
  • The mining income of gold mining companies is taxed under a special formula. For gold mining companies that elect exemption from secondary tax on companies (STC; see third bullet point below), nonmining income is taxed at a rate of 35%. For gold mining companies that do not elect exemption from STC, nonmining income is taxed at a rate of 28% and any dividends declared by the company are subject to STC at a rate of 10%. Special rules apply to life insurance companies, petroleum and gas producers and small business corporations.
  • The capital gains tax rate is the effective rate.
  • The secondary tax on companies (STC) is levied on dividends declared net of dividends received. The STC is imposed on the distributing company. It is not a withholding tax. The STC does not apply to branches subject to the 33% company tax rate or nonresident companies, or to the mining income of oil and gas producers. Gold mining companies may elect exemption from STC. During 2011, the STC will be replaced by a conventional withholding tax imposed at a rate of 10%.
  • This withholding tax on royalties from patent, know-how etc. applies to nonresidents.

Source: Ernst & Young

South Africa

Anne Bennett
Webber Wentzel
South Africa

South Africa has launched a number of initiatives in recent years aimed at making its tax system more attractive to foreign investors. Additional moves in this direction are envisaged in terms of proposed tax amendments, which were released for comment in June 2011. While this is good news, it is unfortunately not the whole picture, reports Anne Bennett of Webber Wentzel.

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Tax

As last year, the South African Revenue Service (SARS) are said by practitioners to be seeking an increase in revenue by any means possible. The latest development in their efforts has been a targeting of debt pushdown structures used in acquisitions. ... [more]

Deloitte's tax team in South Africa led by Nazrien Kader. The return of Suzanne Van der Merwe this year has reinforced the team's capabilities in indirect tax. She was just one of 10 additions this year, though the same number of practitioners did leave ... [more]

The tax department of Edward Nathan Sonnenbergs is led by Bernard du Plessis in Johannesburg and Peter Dachs in Cape Town. The group has lost two partners since last year and now has 15 partners and 24 other fee earners. Though it offers clients a full ... [more]

Martin Walbeck heads the tax practice of Ernst & Young in South Africa which has offices in five locations across the country. Justin Liebenberg leads the firm's international tax service line while Gary Miller is head of M&A tax, both of which have ... [more]

KPMG's South African tax team offers advice to both South African and international clients on cross-border matters, corporate tax, transfer pricing and indirect tax. The firm is particularly renowned for its indirect tax advice and peers comment that ... [more]

PwC

Paul De Chalain leads PwC's South African tax practice which offers clients advice on corporate tax, M&A, indirect taxes, cross-border structuring and international tax and transfer pricing. The firm has a particularly distinguished transfer pricing ... [more]

Bowman Gilfillan is identified by tax practitioners as having raised its profile this year, with one adviser noting that "they have really got a good tax practice there and they are pretty strong in other areas too". Wally Horak leads the tax department ... [more]

The tax team of Webber Wentzel has several practitioners who are recommended by their peers. Former KPMG transfer pricing leader Michael Honiball is highly respected by his competitors and was said by one adviser to be "one of the best advisers for international ... [more]

Werksmans' tax team provides a full range of tax services but is especially strong in M&A, cross-border structuring and tax advice related to capital markets transactions under department head Ernest Mazansky. The firm has added former Cliffe Dekker ... [more]

The head of tax at Bell Dewar is Blaize Vance who specialises in debt restructuring and M&A and has significant knowledge of tax issues in the mining and power sectors. Vance is supported by two other partners and three fee earners. The firm provides ... [more]

DLA Cliffe Dekker Hofmeyr has added two partners to their tax department this year. However, the loss of two partners and three associates brings the total number of practitioners to six partners and four other fee earners under Emil Brincker. The firm ... [more]

Glyn Marais is part of the SNR Denton network of firms and its tax department specialises in capital markets and financial products. Richard Glyn is noted by his peers for his work in that area and has particular expertise in structured finance. His ... [more]

The tax team of Deneys Reitz has been incorporated into the Norton Rose network this year. However, the tax practice is still led by Ernie Lai King with four other partners and two other fee earners divided between the firm's Cape Town and Johannesburg ... [more]

See also

South Africa
Africa

Firm contact details