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 arrival of a team from Brazilian rival Costa Tavares Paes Advogados brings SiqueiraCastro’s tax headcount to seven partners and 30 associates
CSR initiatives can sometimes venture into virtue signalling, but Ryan’s tax literacy event for schoolchildren was a genuine and necessary endeavour
Grant Thornton advanced plans to integrate its Australian firm into its US arm, as tax developments spanned law firm hires, aviation levies and digital services taxes
A new focus on early intervention and increased AI use is transforming how tax authorities are approaching TP audits, though capacity-constrained jurisdictions risk falling behind
The French administration has used AI to detect undeclared swimming pools and verandas but always includes a human in the loop, the AI in Tax Forum heard
The UK tax authority’s deputy director of large business also reassured taxpayers that HMRC will not ‘nitpick’ returns
Sucafina’s tax chief was speaking at the ITR Pillar 2 Forum in London alongside experts from HMRC and other organisations
India’s Supreme Court rattled cross‑border structuring with its Tiger Global ruling. Subsequent rule changes narrowed the impact, but significant risks around GAAR, substance and treaty access persist
The UK-based big four spin-off firm has hired Marc Lien, who declared that most AI in professional services today is ‘cosmetic’
Projected revenue losses and exemption requests are harming the project’s capability and viability
Gift this article