CATEGORIES
- (50)Accounting & Financial Reporting
- (1)Accounting for Income Tax
- (1)Assessed losses
- (16)Blogs
- (1)Business Advisory
- (8)Capital Gains Tax
- (1)Capital Gains Tax - Individuals Tax
- (1)Capital Gains Tax Implications of Trusts
- (2)Case study: Home office expense
- (1)Case study: Travel allowances
- (1)Company Formations
- (136)Corporate Tax
- (12)Customs and Excise
- (2)Deceased Estate
- (1)Deductions Pre-trade and prepaid expenses
- (1)Deregistration
- (2)Employer and Employee (PAYE and UIF Specific)
- (1)Estate Duty
- (1)Events / Webinars
- (11)Faculty News
- (2)Farming
- (168)Individuals Tax
- (1)Input - Customs Duty
- (3)Interest
- (18)International Tax
- (1)Nature of the rights of beneficiaries
- (1)Notional input tax
- (9)Payroll
- (2)Practical Payroll
- (1)Professional Ethics
- (2)Provisional tax (Link with other Taxes)
- (4)SARS Issues
- (161)Tax Administration
- (2)Tax Administration Part 2B: Resolving Problems with SARS using the Tax Ombud
- (1)Tax Administration Part 3B Dispute Resolution - Objection and appeal
- (3)Tax Dispute Resolution
- (1)Tax Opinions
- (3)Tax Update
- (1)Tax implications of loans to trusts
- (1)Tax residence
- (1)Tax returns and payments
- (3)Transfer-Pricing
- (1)Trust Income / Gain Allocations
- (1)Trust types and income allocations
- (11)Trusts
- (86)VAT
- (3)VAT periods
- (1)Wear and tear allowances
- (14)Wills, Estates & Succession
- (1)Zero Rated
- (2)eFiling
- Show All
[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.
FAQs
1. What is a Small Business Corporation (SBC) in South Africa?
A Small Business Corporation (SBC) is a qualifying private company or close corporation that benefits from reduced tax rates and accelerated tax allowances under South African tax law.
2. Who qualifies as a Small Business Corporation for tax purposes?
To qualify as an SBC, the business must meet certain requirements, including having a gross income below the prescribed threshold and shareholders who are natural persons.
3. What are the tax benefits of being classified as an SBC?
SBCs enjoy lower corporate tax rates, accelerated depreciation allowances on assets, and tax relief designed to support small business growth and cash flow.
4. Can a personal service provider qualify as a Small Business Corporation?
Generally, personal service providers do not qualify for SBC tax benefits unless they meet specific SARS requirements regarding employees and operational structure.
5. What is the turnover limit for an SBC in South Africa?
An SBC must keep its gross income below the threshold set by SARS for the applicable tax year to remain eligible for SBC tax treatment.
6. Do all shareholders in an SBC have to be individuals?
Yes. All shareholders or members must generally be natural persons and may not hold interests in certain other companies, subject to limited exceptions.
7. Can an SBC claim accelerated depreciation on assets?
Yes. Qualifying SBCs may claim accelerated write-offs on machinery, equipment, and certain other business assets used in trade.
8. What disqualifies a company from SBC status?
A company may lose SBC status if it exceeds the income threshold, earns excessive investment income, or fails to meet shareholder and operational requirements.
9. How does SARS verify whether a company qualifies as an SBC?
SARS reviews the company’s income, shareholder structure, business activities, and financial records to determine whether SBC requirements are met.
10. Why is professional tax advice important for Small Business Corporations?
Professional advice helps businesses structure operations correctly, maximize SBC tax benefits, and ensure ongoing compliance with SARS legislation.