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 event comes at an important moment for professionals dealing with practical realities related to this practice area
Germany’s dogmatic restriction of third-party investment in tax advisory firms will only serve to slow down innovation and access to justice
The Irish government has been told that it’s spending too much of its corporation tax receipts and should instead focus on running bigger surpluses; plus, the IRS is set to merge tax practitioner offices
A company risks double taxation, penalties and inquiry cost if it submits a form with anomalies under the new system, Asker Ali also tells ITR
Arindam Mitra and Robin Hart examine how aggregate TP rules clash with transaction-level customs rules, creating compliance risks and requiring granular, SKU-level pricing strategies
The scandal has come just three years after the PwC tax leaks controversy and has prompted KPMG’s Australian chief executive to resign
In the first of a two-part series on capital v revenue in R&D, Jayne Stokes explores these key concepts and where UK companies need to tread carefully
Magnus Pantzar is set to join as managing director after spending nearly a decade as EQT’s global head of tax
The OECD’s project was up for debate as Matt Williams spoke to ITR following BDO’s tax strategist survey, which uncovered increased complexity and costs among multinationals
The recent spree of firm mergers and acquisitions proves that geographic scale is the name of the game
Gift this article