[FAQ] Small Business Corporation

[FAQ] Small Business Corporation

• 25 July 2023
• Corporate Tax
• The Tax Faculty Tax Specialist

This article is based on tax law for the year ending 28 February 2023.

Background: 

A director conducts leadership training services through a private company. The company has no other employees.  The turnover of the company is less than R1m. The director, as the company's sole shareholder, and does not hold any shares in any other companies. 

Question:

Will the company qualify as a Small Business Corporation?

Answer: 

A company that falls within the above definition of “personal service provider” will not qualify as a Small Business Corporation. However, should that company employ three or more full-time employees (excluding holders of shares or members or any persons connected to the holders of shares or members) throughout the year of assessment and the employees are engaged in the business of the company in rendering the specific service, that company will be excluded from the definition of “personal service provider” and may qualify as an SBC. 

The term “personal service provider” is defined in paragraph 1 of the Fourth Schedule and means any company or trust if any service rendered on behalf of such company or trust to a client of such company or trust is rendered personally by any person who is a connected person in relation to such company or trust, and–  

(a) such person would be regarded as an employee of such client if such service was rendered by such person directly to such client, other than on behalf of such company or trust; 

(b) when those duties must be performed mainly at the premises of the client, such person or such company or trust is subject to the control or supervision of such client as to the manner in which the duties are performed or are to be performed in rendering such service; or 

(c) when more than 80% of the income of such company or trust during a year of assessment from services rendered consists of or is likely to consist of amounts received directly or indirectly from any one client of such company or trust, or any “associated institution” as defined in the Seventh Schedule, in relation to such client.

0 COMMENTS

LEAVE A COMMENT