South Africa: Exchange control and tax dispensation for domestic treasury management companies

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

South Africa: Exchange control and tax dispensation for domestic treasury management companies

dachs.jpg

Peter Dachs

The Taxation Laws Amendment Act 2013 contains new currency rules for domestic treasury management companies. Each entity listed on the Johannesburg Stock Exchange will be entitled to establish one subsidiary to fund African and other offshore operations and which will not be subject to the exchange control restrictions generally applicable to South African companies. These domestic treasury management companies will have to be registered with the Financial Surveillance Department of the South African Reserve Bank.

From an exchange control perspective, benefits to be enjoyed by a domestic treasury management company include:

  • Transfers of up to ZAR750 million ($68 million) per annum from the parent company to the domestic treasury management company will be allowed without prior approval required. These amounts may be freely deployed to fund foreign group operations. Additional amounts will be subject to prior approval from the South African Reserve Bank;

  • Domestic treasury management companies will be allowed freely to raise and deploy capital offshore, provided these funds are without recourse to South Africa. Additional domestic capital (in excess of the ZAR750 million per annum referred to above) and guarantees will be allowed to fund foreign direct investments in accordance with the current foreign direct investment allowance;

  • Domestic treasury management companies will be allowed to operate as cash management centres for South African multinationals and cash pooling will be allowed without limitations;

  • Local income generated from cash management will be freely transferable; and

  • Domestic treasury management companies may operate foreign currency accounts as well as a rand-denominated account for operational expenses.

The rulings issued by the South African Reserve Bank in respect of domestic treasury management companies state that a domestic treasury management company should "hold African and offshore operations". However, it may not be necessary for a domestic treasury management company to hold shares in foreign subsidiaries.

From a tax perspective, the domestic treasury management company will not be taxed in respect of exchange gains or losses determined as between its functional currency and the currencies in which it operates. It should therefore be ensured that the company's treasury operations are primarily concluded in its functional currency to avoid taxable exchange gains or losses.

The proposed tax relief is therefore limited to exchange gains and losses and the domestic treasury management company would be taxable on, among other things, its interest income. However the company would be able to utilise South Africa's double tax agreements to reduce any foreign withholding taxes on such interest income.

The broad idea is therefore to allow South African listed groups to avoid having to set up an offshore treasury company and, instead, to allow such groups to utilise a South African entity to fund their offshore operations.

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

The deal to acquire ITR's parent company is expected to complete by the end of May 2025
JBS, the biggest meat company in the world, allegedly used Luxembourgian ‘mailbox companies’ to avoid taxes between 2019 and 2022
Despite the conviction of Jessa Dabalos, the Tax Practitioners’ Board’s investigative work continues with five outstanding PwC scandal probes
Heads of tax need to push their teams forward as strategic business advisers to add value across their organisations, says Sandy Markwick
Scott Bessent reportedly felt undermined by Musk naming Gary Shapley as acting IRS commissioner; in other news, Baker Tilly will combine with a top 15 US firm
The promise of nine years’ tax certainty and a ‘rational and pragmatic’ government process makes APAs a no-brainer, Indian tax advisers tell ITR
Despite garnering significant revenues from multinationals, Italy’s digital services tax presents pressing double taxation issues, say Stefano Simontacchi and Francesco Saverio Scandone of BonelliErede
ITR’s research shows that in-house tax counsel in Asia also feel underserved by their advisers’ international networks
World Tax global head of research Jon Moore tells ITR how his team spots standout submissions, and gives early statistical insights into this year’s entries
Australia’s conservative opposition will repeal controversial tax agent reporting rules if elected in the country’s May general election
Gift this article