The POPIA is in effect: What this means for you
February 8, 2021
Proposed changes in tax laws for individuals 2021
March 15, 2021

Budget 2021 changes to corporate taxes

Finance Minister Tito Mboweni delivered his third annual budget address on 24 February 2021. The corporate tax rate reduction from 28% to 27% for years of assessment commencing on or after 1 April 2022 was arguably the most significant windfall for corporate taxpayers, although the actual cash benefits thereof will only be seen in the 2023 calendar year. Below, we highlight some of the other significant proposals, which will likely be contained in the Draft Taxation Laws Amendment Bill to be published for public comment in June or July this year.

Refining the interaction between antivalue shifting rules and corporate reorganisation rules

The Income Tax Act curbs the use of structures that shift value between taxpayers free of tax. The anti-value shifting rules apply to transactions involving asset‐for‐share exchanges. Asset‐for‐shares base cost rules prescribe that a base cost for assets acquired by a company in exchange for its shares should be equal to the sum of the market value of the shares it issued and the amount of the capital gain triggered by the application of the anti‐value shifting rule to ensure that there is no double taxation on the future disposal of the assets.

Clarifying the interaction between early disposal antiavoidance rules and degrouping antiavoidance rules in intragroup transactions

In addition to the early disposal anti‐avoidance rules outlined above, the intra‐group transaction rules contain de‐grouping anti‐avoidance rules, which apply when the acquirer and the party disposing of an asset in terms of an intra‐group transaction cease to form part of the same group of companies within six years of the transaction. The de‐grouping anti‐avoidance rules apply to reverse the tax benefit that was obtained in terms of the intra‐group transaction by triggering the greatest capital gain, gross income, or taxable income that would have arisen between the date of the intra‐group transaction and the date of de‐grouping. Because both of these anti‐avoidance rules apply to reverse the deferred tax benefit of an intra‐group transaction, it is proposed that changes be made to the tax legislation so that if one of the anti‐avoidance rules applies in respect of an asset, the other will not subsequently apply.

Reviewing the venture capital company tax incentive regime

National Treasury has determined that the incentive has not adequately achieved its objectives. The incentive has instead provided a generous tax deduction to wealthy taxpayers and most support has gone to low-risk ventures that would have attracted funding without the incentive. The incentive will therefore not be extended beyond its current sunset date of 30 June 2021.

This article is a general information sheet and should not be used or relied on as legal or other 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 adviser for specific and detailed advice. Errors and omissions excepted (E&OE).

Michael Phillips

CA(SA) Registered Auditor – Director

Mike is the director of RDL Chartered Accountants Inc. and as a Registered Auditor has the knowledge and ability to comply with the latest auditing standards and financial reporting requirements and he completes all the statutory audits required by our clients.

Chris Johnson

Trainee Accountant

Chris, studying for his Chartered Certified Accountant [ACCA] qualification joined the practice in February 2016 and maintains a portfolio of clients attending to the write up of client general ledgers to trial balance, completion and submission of client statutory returns and management accounts. Chris holds a Diploma in Accounting and Business from ACCA and is a registered Business Accountant with SAIBA.

Hendrietta Soafo

Statutory Clerk

Hendrietta has been with LDC since 2004 and oversees the entire statutory function of LDC. She communicates regularly with the Regulator – CIPC and ensures that all of our clients are in good standing in respect of annual returns, company registers, share registers and directors and officers registers. She also attends to all new company incorporations, director appointments, share transfers and minutes of meetings.

Lisa Sampson

Senior Bookkeeper

Lisa, a Certified Bookkeeper joined LDC in 2008 and oversees the bookkeeping role of all LDC clients. She has extensive Pastel Accounting and Payroll experience and prepares all client files for year end annual financial statements. She also ensures all statutory returns are completed and submitted to the various governmental departments.

Teresa Verdonese

Tax Manager

Teresa has a B Com Accounting and an LLB (University of Johannesburg), and is in process of completing her Diploma in Advanced Taxation (UNISA). She specialises in Corporate & Individual taxation & manages the tax base from preparation to assessment. Teresa is a Registered General Tax Practitioner with the South Africa Institute of Tax Practitioners (SAIT).

Paddy Crichton

CA(SA) – Director – Accounting

Paddy completed his CTA at the University of the Witwatersrand and articles at Aiken and Carter (now KPMG) where he qualified as a chartered accountant. Prior to joining LDC in June 2017 he was employed as Financial Manager and Company Secretary in manufacturing and wholesale distribution companies, most recently as Financial Director of a leading international kitchen appliance distributor. Paddy oversees the full accounting function of LDC

Bob Lees

FCG(CS) FCIBM Professional Accountant (SA) – Managing Director

Bob started the practice in September 1991 and is the Chairman and Managing Director in overall charge of LDC Accounting and Tax Consultants Inc. He has three professional business qualifications and holds practicing certificates issued by Chartered Secretaries Southern Africa and South African Institute of Professional Accountants and for many years served on Committees and the Board of Chartered Secretaries Southern Africa and the International Council of the Institute from 2006 and as a vice president from 2009 to 2011.