South African Compliance Guide

Compliance Hub

General guidance on CIPC, SARS, labour law, POPIA and B-BBEE obligations for South African businesses. Always verify with the relevant authority or a qualified professional.

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 TypeAbbreviationTypical Use
Private CompanyPty LtdSmall to medium businesses, most common structure
Personal Liability CompanyIncCertain professionals such as attorneys and accountants
Non-Profit CompanyNPCCharities, religious organisations, welfare bodies
Public CompanyLtdEntities listed or intending to list on a stock exchange
Close CorporationCCOlder entities registered before 2011, no new CCs may be formed
Sole ProprietorN/AIndividual trading in personal capacity, no CIPC company registration required
NoteA sole proprietor does not register a company with CIPC. The individual trades under their own name or a trading name. No new close corporations may be registered under the Companies Act 71 of 2008, though existing CCs continue to operate.

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.

Verify fees directly with CIPCAnnual return fees are set by CIPC and are subject to change. Always confirm the current fee applicable to your entity and turnover band on the official CIPC eServices portal at eservices.cipc.co.za before 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.
Failure to file annual returns can place the entity in non-compliant status and may lead to deregistration by CIPC. A deregistered company cannot legally trade, enter contracts or hold assets. Reinstatement is possible but involves additional administration and cost.

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.
Non-compliance with beneficial ownership filing requirements may result in penalties and can affect a company's good standing and ability to do business. Confirm current requirements with CIPC directly at cipc.co.za.

Material changes to a company's registered information must be notified to CIPC. Common amendments include:

Change TypeForm / Process
Change of registered addressCoR 21.1
Appointment or resignation of directorCoR 39
Change of company nameCoR 9.2 and name reservation
Change of financial year endCoR 25
Change of auditor or accounting officerCoR 44
TipChanges to director details, registered addresses and other key information should be notified to CIPC promptly and not deferred to the annual return. Rootman Financial Services processes amendments on behalf of clients through the CIPC portal.

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.
TipIf a company is temporarily inactive but may be used again, it is generally better to keep it in good standing by continuing to file annual returns rather than deregistering and applying for reinstatement later.

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%.

CategoryThreshold / RateAnnounced Effective Date
Compulsory VAT registrationTaxable supplies exceed R2.3 million in any 12-month period1 April 2026
Voluntary VAT registrationTaxable supplies of at least R120 000 in the past 12 months1 April 2026
Standard rate15%Current
Zero-rated supplies0%Current
Exempt suppliesNo VATCurrent
VAT threshold changes, verify with SARSThe compulsory and voluntary VAT registration thresholds shown above were announced as part of the 2026 fiscal changes in the National Budget. Always confirm the latest applicable threshold and effective date directly with SARS before acting.

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.
Late VAT submissions typically attract a 10% penalty on the outstanding amount, plus interest at the SARS prescribed rate. Always verify current penalty provisions on the SARS website.

Employers registered with SARS must deduct PAYE from employee remuneration and remit it to SARS together with the Skills Development Levy and UIF.

SubmissionFrequencyTypical Deadline
EMP201Monthly7th of the following month
EMP501Twice per yearGenerally August and March annually
IRP5 / IT3(a)AnnuallyAfter reconciliation submission

Skills Development Levy: Generally 1% of total remuneration paid to employees.

SDL exemptionEmployers with an annual total payroll below R500 000 are generally exempt from SDL. Confirm the current threshold and exemption criteria with SARS.

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.
Always verify deadlinesSARS may adjust submission deadlines. Check SARS eFiling or the SARS website for the most current due dates applicable to your entity.

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 TypeTax Rate
Companies27%
Trusts excluding special trusts45%
Dividends tax20%
Capital Gains Tax, companiesThe maximum effective CGT rate for companies is generally 21.6%, subject to current inclusion rules.

Small Business Corporation tax rates

Taxable IncomeRate
R0 to R95 7500%
R95 751 to R365 0007% on amount above R95 750
R365 001 to R550 000R18 848 + 21% on amount above R365 000
Above R550 000R57 698 + 27% on amount above R550 000
SBC qualification requirementsQualification is specific and subject to SARS criteria, including ownership and income thresholds. Always verify before relying on SBC treatment.

Tax year: 1 March 2026 to 28 February 2027. Always verify current rates before use.

Taxable IncomeRate of Tax
R0 to R245 10018% of taxable income
R245 101 to R383 100R44 118 + 26% on amount above R245 100
R383 101 to R530 200R79 998 + 31% on amount above R383 100
R530 201 to R695 800R125 599 + 36% on amount above R530 200
R695 801 to R887 000R185 215 + 39% on amount above R695 800
R887 001 to R1 878 600R259 783 + 41% on amount above R887 000
Above R1 878 600R666 339 + 45% on amount above R1 878 600

Tax rebates:

RebateAmount
Primary rebateR17 820
Secondary rebateR9 765
Tertiary rebateR3 249

Tax thresholds:

AgeTax Threshold
Below age 65R99 000
Age 65 to 74R153 250
Age 75 and aboveR171 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.

CategoryRate / Limit
Retirement fund deduction27.5% of income, capped at R430 000 per year
Tax-free savings account annual limitR46 000 per year
Interest exemption under 65R23 800 per year
Interest exemption 65 and overR34 500 per year
Annual CGT exclusion, individualsR50 000
CGT exclusion in year of deathR440 000
Primary residence CGT exclusionR3 000 000
Donations tax up to R30 million20%
Donations tax above R30 million25%
Annual donations tax exemptionR150 000 per year
Estate duty up to R30 million20%
Estate duty above R30 million25%
Basic estate duty deductionR3.5 million
Effective dates varySome of these limits apply from 1 March 2026, while others may take effect on different dates or remain subject to formal enactment.

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.

TipA TCS PIN is valid for a limited period. Always request a fresh PIN when submitting documentation to a formal compliance process.

The Basic Conditions of Employment Act 75 of 1997 sets out minimum employment conditions in South Africa.

ConditionGeneral Minimum Requirement
Ordinary working hoursMaximum 45 hours per week
OvertimeMaximum 10 hours per week, generally paid at 1.5 times
Annual leaveMinimum 15 consecutive days per year
Sick leave30 days paid sick leave over a 3 year cycle
Maternity leave4 consecutive months
Family responsibility leave3 days per year, where qualifying
Notice under 6 monthsMinimum 1 week
Notice 6 months to 1 yearMinimum 2 weeks
Notice over 1 yearMinimum 4 weeks
Sector-specific rules may applyBargaining council agreements, sectoral determinations and employment contracts may impose more favourable conditions than these statutory minimums.

South Africa's national minimum wage is reviewed annually. The figures below reflect the rate effective from 1 March 2025.

CategoryMinimum Rate per HourEffective Date
General workersR28.791 March 2025
Farm workersR28.791 March 2025
Domestic workersR28.791 March 2025
EPWP workersR15.831 March 2025
Annual reviewThe national minimum wage is reviewed each year and typically updated from 1 March. Always confirm the current applicable rate before processing payroll.
Paying below the national minimum wage is prohibited and may result in penalties, compliance orders and claims.

UIF

PartyContribution Rate
Employee contribution1% of remuneration
Employer contribution1% of remuneration
UIF remuneration ceilingUIF contributions are subject to a monthly remuneration ceiling. Verify the current ceiling before payroll processing.

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 TypeTypical Referral DeadlineForum
Unfair dismissal30 daysCCMA
Unfair labour practice90 daysCCMA
Retrenchment dispute30 daysCCMA or Bargaining Council
Referral deadlines are prescribedAlways confirm the applicable deadline before referring a dispute.
Good practiceAlways document disciplinary processes thoroughly.

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.
Sector-specific agreements may impose additional requirementsAlways confirm what applies to your sector.

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 applies to businesses of all sizes. Even a small business collecting names, email addresses or phone numbers is processing personal information.

POPIA requires that all processing of personal information satisfies 8 conditions set out in the Act.

#ConditionMeaning in Practice
1AccountabilityThe responsible party must ensure compliance
2Processing LimitationLawful and minimal processing only
3Purpose SpecificationCollected for a specific lawful purpose
4Further Processing LimitationFurther use must stay compatible
5Information QualityData must be accurate and updated
6OpennessPeople must be informed about use
7Security SafeguardsProtect against loss or unauthorised access
8Data Subject ParticipationAllow 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.
Information RegulatorThe Information Regulator provides guidance, receives complaints and manages Information Officer registrations.

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 CategoryMaximum Penalty Under the Act
Interference with protection of personal informationAdministrative fine up to R10 million
Offences resulting in imprisonmentUp to 10 years depending on the offence
Breach of confidentiality obligationsUp to 3 years imprisonment
Penalties depend on the Act and process followedActual enforcement depends on the circumstances.

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 CategoryAnnual TurnoverMeasurement Approach
Exempted Micro EnterpriseBelow R10 millionAutomatic Level 4, may qualify for Level 1 or 2 based on ownership
Qualifying Small EnterpriseR10 million to R50 millionMeasured on 4 of 5 elements
Generic EnterpriseAbove R50 millionMeasured on all 5 elements
EME automatic levelsAn EME is automatically Level 4 under the Generic Codes. Higher automatic levels may apply depending on black ownership.
Sector codes may differAlways confirm which codes apply to your business.

B-BBEE levels range from Level 1 to Level 8, plus non-compliant.

LevelScore RangeProcurement Recognition
Level 1100 points and above135%
Level 295 to 99 points125%
Level 390 to 94 points110%
Level 480 to 89 points100%
Level 575 to 79 points80%
Level 670 to 74 points60%
Level 755 to 69 points50%
Level 840 to 54 points10%
Non-compliantBelow 40 points0%
Different rules may applyThe percentages above are based on the Generic Codes. Always verify the applicable recognition percentage for your sector or tender framework.
ElementPointsPriority Element
Ownership25 pointsYes
Management Control19 pointsNo
Skills Development20 pointsYes
Enterprise and Supplier Development40 pointsYes
Socio-Economic Development5 pointsNo
Bonus pointsUp to 4 pointsN/A
Failure to achieve the minimum sub-minimum threshold on a priority element may generally result in one-level discounting of the overall B-BBEE level.
CategoryRequired DocumentationIssued By
EMESworn affidavit confirming EME status and ownershipCommissioner of Oaths
QSESworn affidavit or B-BBEE certificateCommissioner of Oaths or accredited verification agency
Generic EnterpriseVerified B-BBEE certificateAccredited 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.
Sector codes may require different documentationAlways confirm what is required for your specific tender, procurement process or sector.

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.

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