South Africa: Taxation Laws Amendment Bill of 2013 released for public comment

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

South Africa: Taxation Laws Amendment Bill of 2013 released for public comment

dachs.jpg

Peter Dachs

This Bill contains many significant amendments to South Africa's tax laws. In respect of domestic law amendments these include the re-characterisation of interest as dividends in circumstances where the debt on which such interest is paid contains certain equity features. In addition, various limitations on interest deductions will be imposed in respect of acquisition indebtedness as well as loans between exempt persons and South African resident companies.

In terms of the proposed amendments to cross-border transactions, listed companies will be able to establish a South African resident subsidiary as a group treasury company. This subsidiary will be able to fund offshore group operations without suffering any South African tax in respect of currency gains. In addition, the subsidiary will be able to manage the group treasury functions free from exchange control restrictions.

It is also proposed that a new tax regime will be introduced to provide tax relief for shipping companies. To qualify for such relief, the company must be a South African resident entity and hold at least one or more vessels that are flagged in South Africa and designed for international transportation of passengers or goods for reward. This proposed tax regime includes exemptions from income tax, capital gains tax, dividends tax and the withholding tax on interest.

It is proposed that South Africa will introduce a withholding tax on cross-border consultancy, management and technical fees. This will constitute a final withholding tax imposed at the rate of 15%. It is proposed that this withholding tax will become effective in respect of fees that are paid or payable on or after January 1 2015. This will align the timing and rate of the withholding tax with those to be imposed on interest and royalties.

Statutory recognition will also be given to the concept of equity loans from a transfer pricing perspective. Therefore, in circumstances where a cross-border loan between connected persons has the necessary equity features, no interest will be imputed thereon under South Africa's transfer pricing rules.

Peter Dachs (pdachs@ens.co.za)
ENS – 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 establishes Ryan’s property tax presence in Scotland and expands its ability to serve clients with complex commercial property portfolios across the UK, the firm said
Trump announced he will cut tariffs after India agreed to stop buying Russian oil; in other news, more than 300 delegates gathered at the OECD to discuss VAT fraud prevention
Taxpayers should support the MAP process by sharing accurate information early on and maintaining open communication with the competent authorities, the OECD also said
The Fortune 150 energy multinational is among more than 12 companies participating in the initiative, which ‘helps tax teams put generative AI to work’
The ruling excludes vacation and business development days from service PE calculations and confirms virtual services from abroad don’t count, potentially reshaping compliance for multinationals
User-friendly digital tax filing systems, transformative AI deployment, and the continued proliferation of DSTs will define 2026, writes Ascoria’s Neil Kelley
Case workers are ‘still not great’ but are making fewer enquiries, making the right decision more often and are more open to calls, ITR has heard
There is a shocking discrepancy between professional services firms’ parental leave packages. Those that fail to get with the times risk losing out in the war for talent
Winston Taylor is expected to launch in May 2026 with more than 1,400 lawyers across the US, UK, Europe, Latin America and the Middle East
They are alleging that leaked tax information ‘unfairly tarnished’ their business operations; in other news, Davis Polk and Eversheds Sutherland made key tax hires
Gift this article