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 2025

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

Recent changes in UK tax rules and cross-border requirements are generating high demand for specialist advice, according to MHA
Hany Elnaggar examines how Gulf Cooperation Council countries are internalising transfer pricing norms within evolving fiscal systems shaped by both Islamic and international influences
Where a TP study of comparables produces an arm’s-length range, and the taxpayer’s filed position is outside that range, HMRC will adjust to the median by default
EY, KPMG, Deloitte, and PwC have all seen a decrease in public sector contracts since the scandal – it is understood
Consoli, a tax partner at Brazilian law firm Martinelli Advogados, tells ITR about the importance of staying at the coalface and constantly learning
Despite legislative gridlock, international investors should be wary of legal precedents set by recent court rulings, which could substantially alter the Spanish tax environment
The new outfit, Ashurst Perkins Coie, will bring together around 3,000 lawyers across 23 countries
As World Tax unveils its much-anticipated rankings for 2026, we highlight the two Brazilian firms that had a standout year of tier promotions
ITR understands that UK Chancellor Rachel Reeves will announce a consultation on the proposed financial reward scheme, which had left advisers fretting
The long-running dispute centres on Medtronic’s use of the comparable uncontrolled transaction TP method; in other news, Paul Hastings and FTI Consulting both made double tax hires
Gift this article