EXPANDING THE CONTROLLED FOREIGN COMPANY REGIME
We have previously reported on the “controlled foreign company” (“CFC”) regime as contained in section 9D of the Income Tax Act, 58 of 1962. Briefly again, that section seeks to impute the taxable income of a CFC into the hands of its South African tax resident shareholder. A CFC is in essence a foreign company […]
CONTROLLED FOREIGN COMPANIES
Section 9D of the Income Tax Act[1] houses the South African “controlled foreign company”, or “CFC” regime. The provision’s aim is to effectively impute the income of a foreign company into the hands of its South African shareholders where South African shareholders own a majority of the shares in that company. In other words, where […]
THE 2017 TAX SEASON IS OPEN
The Commissioner for SARS recently published the annual notice to officially ‘open’ the 2017 tax season. Individuals are now able to file their annual income tax returns for the 2017 year of assessment (which ended on 28 February 2017) from 1 July, and we request that our clients contact us so that we can arrange […]
EXEMPTION FOR FOREIGN SALARY EARNERS
South African tax resident individuals are liable to income tax on their worldwide income. In other words, where a South African tax resident individual were to earn a salary for employment which may from time-to-time be exercised outside of the borders of the Republic, that income earned is still included in that South African tax […]
CAPITAL GAINS AND CANCELLED SALES
Many transactions in terms in which assets are sold are subject to suspensive conditions. In terms of such agreements, the sales transaction will only take place once all the suspensive conditions have been met.[1] Many other agreements may however be subject to a resolutive condition. A resolutive condition involves one whereby an agreement is cancelled […]
ARE YOU A SOUTH AFRICAN TAX RESIDENT INDIVIDUAL?
The question of tax residence for individuals has always been relevant in South Africa. It appears as though we find ourselves in a country which has always been a popular destination to which people from across the globe flock to set up businesses, but also a country from which people often travel for long-term stints […]
YOUR PRIMARY RESIDENCE AND CAPITAL GAINS TAX
Capital gains tax is somewhat of a misnomer in that it does not represent a tax in and of itself, but rather operates to include a portion of a person’s capital gains realised when an asset is sold in that person’s taxable income, and which taxable income is then subject to income tax. For natural […]
HOW SOUTH AFRICAN DIVIDENDS ARE TAXED
Dividends received by a South African taxpayer are generally exempt from income tax. The major exemption though being dividends received from so-called REITs (these being some of the major property owing companies listed on the JSE (such as for example Redefine Properties Ltd). Dividends received from REITs are not exempt from income tax, and will […]
THE 2016 TAX SEASON IS OPEN
As is the case every year, the Commissioner for SARS recently published the annual notice to officially ‘open’ the 2016 tax season. Individuals are now able to file their annual income tax returns for the 2016 year of assessment (which ended on 29 February 2016) from 1 July.In the recent Government Gazette No. 40041 (dated […]
MISUSE OF ASSESSED LOSSES
An assessed loss for income tax purposes is a potentially valuable asset: it represents past losses made by a taxpayer which is able of being carried forward to subsequent tax years against which future taxable profits are able of being set off. The set-off of historic losses – in the form of an assessed loss […]