South Africa: A modest Budget speech

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

South Africa: A modest Budget speech

dachs.jpg

Peter Dachs

The Minister of Finance read his Budget speech on February 26. In general terms, the current and future proposals are very modest in their scope and this could be regarded as the most low-key set of tax proposals to have been put forward for many years. It is noteworthy that the maximum marginal tax rates applicable to individuals, trusts, companies and dividends remain unchanged. A summary of the key business related highlights is as follows:

  • Interest deduction for re-organisation and acquisition transactions: the last few years have seen a number of different measures aimed at limiting the interest deductibility arising from such transactions. We are moving from a discretionary to a formula-based system. Certain proposals were made to revise the formula which will be used to calculate the allowable interest deduction.

  • Dividends tax: an apparent anomaly concerning the refund mechanism for non-cash dividends will be addressed.

  • Real estate investment trusts: a technical change will be made to deal with the determination of whether a company is a property company where foreign companies are involved.

  • Oil and gas companies will be permitted to make part assignments of their fiscal stability rights, for example if they enter into a joint venture.

  • Cross-border:

  • In the case of transfer pricing contraventions, the nature of the secondary adjustment is to be revisited so that it ceases to take the form of a deemed loan and instead will be deemed to be a dividend or capital contribution depending on the circumstances.

  • The tax rate of a resident individual's controlled foreign company will be adjusted in relation to the receipt of a taxable dividend.

  • High tax exemption for controlled foreign companies will be revised to allow an option to deem the net income of a controlled foreign company to be nil if either the high tax or the foreign business establishment test, when applied to the aggregate taxable amounts, is met.

  • Cessation of South African residence gives rise to a deemed disposal and reacquisition of shares in a SA property owning company. A change will be introduced to deal with the currency of such deemed disposal.

  • Debt reduction rules are under consideration in the case of companies undergoing business rescue and other forms of debt compromise. The current rules are seen as undermining the purpose of business rescue.

  • Public-private partnerships: the current requirement of ownership of land to allow depreciation or capital allowances will be re-examined to improve the financial viability of projects. The requirement of land ownership also limits the incentive for improvements in UDZ and industrial policy projects. Consideration will be given to allowing deductions where the taxpayer is not the owner of the land.

  • Tax treatment of insurers: it is proposed that the profits from the risk business of an insurer be taxed in the corporate fund similar to the manner in which short term insurers are taxed. This is to ensure that the corporate fund rather than one of the policy holder funds will be taxed on the risk policy business and profits. A review will also be undertaken of the fairness of taxation of the IPF where a 30% tax rate is applied irrespective of the actual income level of policy holder.

  • Foreign re-insurance: it is proposed that the net returns from foreign re-insurance will be included in the tax calculation of the insurer.

Peter Dachs (pdachs@ens.co.za)

ENSafrica – Taxand

Tel: +27 21 410 2500

Website: www.ens.co.za

more across site & shared bottom lb ros

More from across our site

Experts from law firm Kennedys outline the key tax disputes trends set to define 2026, ranging from increased enforcement to continued tariff drama and AI usage
They also warned against an ‘unnecessary duplication of efforts’ in UN tax convention negotiations; in other news, White & Case has hired Freshfields’ former French tax head
Awards
Submit your nominations to this year's WIBL EMEA Awards by 16 February 2026
Defending loss situations in TP is not about denying the existence of losses but about showing, through proactive measures, that the losses reflect genuine commercial realities
Further empowerment of HMRC enforcement has been praised, but the pre-Budget OBR leak was described as ‘shambolic’
Michel Braun of WTS Digital reviews ITR’s inaugural AI in tax event, and concludes that AI will enhance, not replace, the tax professional
The report is solid and balanced as it correctly underscores the ambitious institutional redesign that Brazil has undertaken in adopting a dual VAT model, experts tell ITR
The Brazilian law firm partner warns against going independent too early, considers the weight of political pressure, and tells ITR what makes tax cool
The lessons from Ireland are clear: selective, targeted, and credible fiscal incentives can unlock supply and investment
The ITR in-house award winner delves into his dramatic novelisation of tax transformation, and declares that 'tax doesn’t need AI right now'
Gift this article