Basic Registrations and Compliance for Businesses

PIC3It is a challenge for any business in South Africa to stay abreast of all registrations and compliance prescribed by law and other regulations. Following is a summary of the most common registrations and compliance applicable to most businesses.

1. Annual returns and annual duties (Companies): Any company that wants to remain registered with the CIPC must annually, in the company’s birthday month, submit a return with required information to the CIPC (www.cipc.co.za) and also pay the accompanying annual duties.

2. Income tax:  Any entity conducting business, whether it be an individual/one-man business, company, trust or any other person, must register as a taxpayer with the South African Revenue Service (SARS). The entity must annually complete and submit an income tax return (ITR12 or ITR14). In addition, provisional tax must be calculated and a return (IRP6) submitted every six months and, if necessary, a payment must also be made. Non-compliance can result in significant penalties. (www.sars.gov.za)

3. Value-added tax (VAT):  If the entity’s annual turnover will exceed R1 million it must register for VAT.  Voluntary registration can be done if the annual turnover will be more than R50 000. VAT returns must usually be submitted every two months and, if necessary, payment must also be made. (www.sars.gov.za)

4. Unemployment insurance:   If an entity employs staff it must register as a employer for unemployment insurance. Monthly returns for payment must be submitted. The employer must contribute an amount equal to one per cent of the salaries of its employees while a further one per cent must be contributed by each employee.  (www.labour.gov.za).

5. Employee tax:   If any employee’s remuneration exceeds the limit prescribed in the Income Tax Act, the entity must register as an employer for the purposes of PAYE (Pay As You Earn system). PAYE deductions must be made monthly from the remuneration of such employees and submitted with the required returns to SARS. Twice annually a PAYE reconciliation (IRP501) must be compiled and submitted to SARS. IRP5 certificates for all employees must also be prepared annually together with the PAYE reconciliation (www.sars.gov.za).

6. Skills development levy:  If an entity’s total annual salary account exceeds R500 000, or if the entity has more than 50 employees, it must register as an employer for the skills development levy (SDL) and monthly submit returns together with the required levy. (www.labour.gov.za / www.sars.gov.za).

7. Compensation Commissioner:  Any entity that employs staff must, regardless of the remuneration paid to its employees, register as an employer with the Department of Labour, for workmen’s compensation. The entity must annually submit a return to the department and is then assessed at a percentage of the total salary account of the entity. Employees who are injured on duty may then claim compensation from the fund. (www.labour.gov.za).

8. Employment equity:  An entity that employs more than 50 people or that exceeds the set limit for annual turnover applicable to the sector in which it trades, must compile an employment equity plan every two years and submit it to the Department of Labour. (www.labour.gov.za).

This article is a general information sheet and should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your financial adviser for specific and detailed advice.

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IC Marais

Professional experience:

IC Marais is a certified CA (SA) with public sector and private sector technical knowledge based on 5 years’ Public Sector accounting, auditing and financial management experience and 5 years audit, tax and accounting experience. Detailed knowledge of private and public sector accounting and auditing standards (GRAP, IPSAS, IFRS, IAS, ISA) and public sector financial legislation (MFMA, etc.)

He enjoys the outdoors, hunting and fishing.

ic@newtons-sa.co.za

SCHALK GOUWS

Professional experience:

In 1995, Schalk started as a trainee at Warner and Newton (which became Moores Rowland in 1997 and then Mazars Moores Rowland in 2007) in Bloemfontein. In 1998, Schalk was appointed as manager at Moores Rowland, where he became a partner in 2003. Schalk received his Postgraduate Certificate in Advanced Taxation in 2006 and in 2009 he received his Certificate in the Administration of Estates.

schalk@newtons-sa.co.za

CEDRIC PETERSON

Professional experience:

Cedric started as a trainee at Warner and Newton (which became Moores Rowland in 1997 and Mazars Moores Rowland in 2007), Bloemfontein, in 1986. After completion of his articles, he joined the Special Investigations Division of the Department of Finance (SA Revenue Services) as a senior inspector from 1990 to 1991.

cedric@newtons-sa.co.za

LUCHA GREYLING

Professional experience:

Lucha started her career as a tax inspector at the Inland Revenue Department of New Zealand. After this she worked in commerce in Canada, Mexico and the United States.

On her return to South Africa, she completed her CA training contract with us and has been with Newtons ever since. She became a Partner in 2012.

Apart from her CA(SA) qualification she also holds a postgraduate certificate in Advanced Taxation (2005) and has the overall responsibility for training as our Training Officer.

lucha@newtons-sa.co.za