South African
Compliance Guide
Select a topic below to view guidance on obligations, deadlines, rates and requirements relevant to your business. All figures should be verified with the official source before use.
All entities operating in South Africa should be registered with CIPC where applicable under the Companies Act 71 of 2008. The main entity types are:
| Entity Type | Abbreviation | Typical Use |
|---|---|---|
| Private Company | Pty Ltd | Small to medium businesses, most common structure |
| Personal Liability Company | Inc | Certain professionals such as attorneys and accountants |
| Non-Profit Company | NPC | Charities, religious organisations, welfare bodies |
| Public Company | Ltd | Entities listed or intending to list on a stock exchange |
| Close Corporation | CC | Older entities registered before 2011, no new CCs may be formed |
| Sole Proprietor | N/A | Individual trading in personal capacity, no CIPC company registration required |
Rootman Financial Services handles CIPC registrations on behalf of clients and advises on the most suitable structure for your business.
Every registered company and close corporation must file an annual return with CIPC. The fee payable is calculated by CIPC based on the entity type and annual turnover declared at the time of filing.
- Due date, Companies: Within 30 business days after the anniversary of the date of incorporation.
- Due date, Close Corporations: Generally within the anniversary month of registration, up to the end of the following month.
- Late penalty: An additional penalty fee applies for filings made after the due date, and increases the longer the return remains outstanding.
- Dormant entities: Annual returns must still be filed even if the entity has had no trading activity or zero turnover.
- Beneficial Ownership: CIPC requires beneficial ownership information to be filed and up to date before an annual return can be processed.
Companies and close corporations are required to maintain a register of beneficial owners and to file this information with CIPC. A beneficial owner is generally the natural person who ultimately owns or controls the entity.
- Who must file: Companies and close corporations as required under the Companies Act and current CIPC rules.
- Disclosure threshold: Natural persons holding 5% or more of the ownership interest or voting rights are generally required to be disclosed, subject to the applicable regulations.
- Information required: Full name, identity number or passport number, nationality, date of birth, residential address and percentage interest held.
- Filing obligation: Beneficial ownership information must be filed with CIPC and kept current. CIPC will generally not process an annual return if beneficial ownership has not been filed.
- Changes: Any change in beneficial ownership should be updated with CIPC as soon as reasonably possible.
Material changes to a company's registered information must be notified to CIPC. Common amendments include:
| Change Type | Form / Process |
|---|---|
| Change of registered address | CoR 21.1 |
| Appointment or resignation of director | CoR 39 |
| Change of company name | CoR 9.2 and name reservation |
| Change of financial year end | CoR 25 |
| Change of auditor or accounting officer | CoR 44 |
A company that is no longer trading should be formally deregistered with CIPC to avoid ongoing annual return obligations and penalty accumulation.
- Voluntary deregistration: The company should generally have no outstanding liabilities, no assets and all annual returns up to date before applying for voluntary deregistration.
- Administrative deregistration: CIPC may deregister entities that repeatedly fail to file annual returns.
- Reinstatement: A deregistered company may be reinstated through a CoR 40.5 application, subject to settlement of outstanding fees and compliance with CIPC requirements.
The VAT registration thresholds below reflect figures announced in government budget material and SARS guidance. Businesses must always verify the current threshold and effective date directly with SARS before relying on these figures. The standard VAT rate is 15%.
| Category | Threshold / Rate | Announced Effective Date |
|---|---|---|
| Compulsory VAT registration | Taxable supplies exceed R2.3 million in any 12-month period | 1 April 2026 |
| Voluntary VAT registration | Taxable supplies of at least R120 000 in the past 12 months | 1 April 2026 |
| Standard rate | 15% | Current |
| Zero-rated supplies | 0% | Current |
| Exempt supplies | No VAT | Current |
VAT vendors are categorised for filing purposes:
- Category A: Generally monthly.
- Category B: Generally every 2 months.
- Category C: May be available to qualifying small vendors, subject to SARS approval.
Employers registered with SARS must deduct PAYE from employee remuneration and remit it to SARS together with the Skills Development Levy and UIF.
| Submission | Frequency | Typical Deadline |
|---|---|---|
| EMP201 | Monthly | 7th of the following month |
| EMP501 | Twice per year | Generally August and March annually |
| IRP5 / IT3(a) | Annually | After reconciliation submission |
Skills Development Levy: Generally 1% of total remuneration paid to employees.
UIF:
- Employee contribution: 1% of remuneration.
- Employer contribution: 1% of remuneration.
- Contributions are subject to a monthly remuneration ceiling. Verify the current ceiling before relying on it.
The following corporate income tax rates apply generally for years of assessment ending between 1 March 2026 and 31 March 2027. Always verify the current rate before use.
| Entity Type | Tax Rate |
|---|---|
| Companies | 27% |
| Trusts excluding special trusts | 45% |
| Dividends tax | 20% |
Small Business Corporation tax rates
| Taxable Income | Rate |
|---|---|
| R0 to R95 750 | 0% |
| R95 751 to R365 000 | 7% on amount above R95 750 |
| R365 001 to R550 000 | R18 848 + 21% on amount above R365 000 |
| Above R550 000 | R57 698 + 27% on amount above R550 000 |
Tax year: 1 March 2026 to 28 February 2027. Always verify current rates before use.
| Taxable Income | Rate of Tax |
|---|---|
| R0 to R245 100 | 18% of taxable income |
| R245 101 to R383 100 | R44 118 + 26% on amount above R245 100 |
| R383 101 to R530 200 | R79 998 + 31% on amount above R383 100 |
| R530 201 to R695 800 | R125 599 + 36% on amount above R530 200 |
| R695 801 to R887 000 | R185 215 + 39% on amount above R695 800 |
| R887 001 to R1 878 600 | R259 783 + 41% on amount above R887 000 |
| Above R1 878 600 | R666 339 + 45% on amount above R1 878 600 |
Tax rebates:
| Rebate | Amount |
|---|---|
| Primary rebate | R17 820 |
| Secondary rebate | R9 765 |
| Tertiary rebate | R3 249 |
Tax thresholds:
| Age | Tax Threshold |
|---|---|
| Below age 65 | R99 000 |
| Age 65 to 74 | R153 250 |
| Age 75 and above | R171 300 |
Medical scheme fees tax credit: R376 for each of the first two persons covered, and R254 for each additional dependant, subject to annual change.
| Category | Rate / Limit |
|---|---|
| Retirement fund deduction | 27.5% of income, capped at R430 000 per year |
| Tax-free savings account annual limit | R46 000 per year |
| Interest exemption under 65 | R23 800 per year |
| Interest exemption 65 and over | R34 500 per year |
| Annual CGT exclusion, individuals | R50 000 |
| CGT exclusion in year of death | R440 000 |
| Primary residence CGT exclusion | R3 000 000 |
| Donations tax up to R30 million | 20% |
| Donations tax above R30 million | 25% |
| Annual donations tax exemption | R150 000 per year |
| Estate duty up to R30 million | 20% |
| Estate duty above R30 million | 25% |
| Basic estate duty deduction | R3.5 million |
A Tax Compliance Status PIN issued by SARS confirms that a taxpayer is compliant with their tax obligations at the time of issue.
- Government and private sector tenders.
- Foreign investment allowances and emigration applications.
- Supplier and contractor onboarding processes.
All major tax filings including VAT, PAYE, income tax and provisional tax are processed through the SARS eFiling platform.
The Basic Conditions of Employment Act 75 of 1997 sets out minimum employment conditions in South Africa.
| Condition | General Minimum Requirement |
|---|---|
| Ordinary working hours | Maximum 45 hours per week |
| Overtime | Maximum 10 hours per week, generally paid at 1.5 times |
| Annual leave | Minimum 15 consecutive days per year |
| Sick leave | 30 days paid sick leave over a 3 year cycle |
| Maternity leave | 4 consecutive months |
| Family responsibility leave | 3 days per year, where qualifying |
| Notice under 6 months | Minimum 1 week |
| Notice 6 months to 1 year | Minimum 2 weeks |
| Notice over 1 year | Minimum 4 weeks |
South Africa's national minimum wage is reviewed annually. The figures below reflect the rate effective from 1 March 2025.
| Category | Minimum Rate per Hour | Effective Date |
|---|---|---|
| General workers | R28.79 | 1 March 2025 |
| Farm workers | R28.79 | 1 March 2025 |
| Domestic workers | R28.79 | 1 March 2025 |
| EPWP workers | R15.83 | 1 March 2025 |
UIF
| Party | Contribution Rate |
|---|---|
| Employee contribution | 1% of remuneration |
| Employer contribution | 1% of remuneration |
COIDA
- Employers with staff are generally required to register with the Compensation Fund.
- An annual Return of Earnings must typically be submitted by 31 March each year.
- The assessment rate is determined by the industry class and actual remuneration paid.
- Some categories of employees may be exempt.
The Labour Relations Act 66 of 1995 governs dismissals, workplace disputes and collective bargaining. A dismissal is generally only lawful if it is both substantively and procedurally fair.
- Substantively fair: A valid reason must exist such as misconduct, incapacity or operational requirements.
- Procedurally fair: The correct process must be followed, including notice, hearing opportunity and written outcome.
| Dispute Type | Typical Referral Deadline | Forum |
|---|---|---|
| Unfair dismissal | 30 days | CCMA |
| Unfair labour practice | 90 days | CCMA |
| Retrenchment dispute | 30 days | CCMA or Bargaining Council |
The Basic Conditions of Employment Act requires that an employer give each employee written particulars of employment.
- Employer and employee details.
- Start date and duration where fixed term.
- Job title, duties and place of work.
- Hours and days of work.
- Remuneration, method and frequency of payment.
- Leave entitlements and notice periods.
- Agreed deductions with written authorisation.
Rootman Financial Services assists clients with employment contracts and HR documentation aligned to current statutory requirements.
The Protection of Personal Information Act, Act 4 of 2013, is South Africa's primary data privacy legislation. It came into full effect on 1 July 2021.
- POPIA applies to any person or organisation that processes personal information in South Africa.
- The Information Regulator oversees POPIA compliance.
- Non-compliance may result in significant administrative fines or criminal penalties, depending on the offence.
POPIA requires that all processing of personal information satisfies 8 conditions set out in the Act.
| # | Condition | Meaning in Practice |
|---|---|---|
| 1 | Accountability | The responsible party must ensure compliance |
| 2 | Processing Limitation | Lawful and minimal processing only |
| 3 | Purpose Specification | Collected for a specific lawful purpose |
| 4 | Further Processing Limitation | Further use must stay compatible |
| 5 | Information Quality | Data must be accurate and updated |
| 6 | Openness | People must be informed about use |
| 7 | Security Safeguards | Protect against loss or unauthorised access |
| 8 | Data Subject Participation | Allow access, correction and objection |
- Appoint an Information Officer.
- Register the Information Officer where required.
- Develop and publish a POPIA-compliant privacy notice or policy.
- Obtain consent where processing is consent based.
- Implement appropriate security measures.
- Establish a data breach notification procedure.
- Ensure third-party operators are contractually bound to comply.
A data breach occurs when personal information is accessed, disclosed, lost, destroyed or otherwise processed without proper authorisation.
- The responsible party must notify the Information Regulator and affected data subjects as soon as reasonably possible after becoming aware of a breach.
- Notification should explain what occurred, what data was involved, likely consequences and response steps.
| Offence Category | Maximum Penalty Under the Act |
|---|---|
| Interference with protection of personal information | Administrative fine up to R10 million |
| Offences resulting in imprisonment | Up to 10 years depending on the offence |
| Breach of confidentiality obligations | Up to 3 years imprisonment |
Broad-Based Black Economic Empowerment is a South African legislative and policy framework aimed at supporting economic transformation.
Sector-specific codes may apply different thresholds, documentation requirements and recognition rules.
| Business Category | Annual Turnover | Measurement Approach |
|---|---|---|
| Exempted Micro Enterprise | Below R10 million | Automatic Level 4, may qualify for Level 1 or 2 based on ownership |
| Qualifying Small Enterprise | R10 million to R50 million | Measured on 4 of 5 elements |
| Generic Enterprise | Above R50 million | Measured on all 5 elements |
B-BBEE levels range from Level 1 to Level 8, plus non-compliant.
| Level | Score Range | Procurement Recognition |
|---|---|---|
| Level 1 | 100 points and above | 135% |
| Level 2 | 95 to 99 points | 125% |
| Level 3 | 90 to 94 points | 110% |
| Level 4 | 80 to 89 points | 100% |
| Level 5 | 75 to 79 points | 80% |
| Level 6 | 70 to 74 points | 60% |
| Level 7 | 55 to 69 points | 50% |
| Level 8 | 40 to 54 points | 10% |
| Non-compliant | Below 40 points | 0% |
| Element | Points | Priority Element |
|---|---|---|
| Ownership | 25 points | Yes |
| Management Control | 19 points | No |
| Skills Development | 20 points | Yes |
| Enterprise and Supplier Development | 40 points | Yes |
| Socio-Economic Development | 5 points | No |
| Bonus points | Up to 4 points | N/A |
| Category | Required Documentation | Issued By |
|---|---|---|
| EME | Sworn affidavit confirming EME status and ownership | Commissioner of Oaths |
| QSE | Sworn affidavit or B-BBEE certificate | Commissioner of Oaths or accredited verification agency |
| Generic Enterprise | Verified B-BBEE certificate | Accredited verification agency only |
- B-BBEE certificates are typically valid for 12 months from issue.
- Affidavits for EMEs are generally accepted without formal third-party verification under the Generic Codes.
- Only use accredited verification agencies for formal certification.
Need Help With
Compliance?
Let Rootman Financial Services assist with your CIPC, SARS, labour and data-related compliance requirements so you can focus on running your business with confidence.