SA Payroll and Tax Compliance for Non-Resident Employers
The 2026 Budget sorts out the PAYE anomaly, but is silent on SDL and UIF. A 2023 amendment to Paragraph 2(1)(b) of the Fourth Schedule to the Income Tax Act requires non-resident employers to withhold employees’ tax (PAYE) only where they conduct business in South Africa through a permanent establishment (PE). While this represented an […]
Be wary of zero or low-interest loans
The in duplum rule originated from the South African common law and has been applied through South African case law for over 100 years. The rule aims to protect borrowers from exploitation by lenders that allow and, in some cases, cause interest to accumulate unabated: leading borrowers into further indebtedness. In terms of the common law, the interest charged on a […]
Employees’ tax (Part I): Personal service providers
For there to be an obligation for PAYE to be withheld is typically dependent on three elements being present. These elements are all defined in the Fourth Schedule to the Income Tax Act[1] and include the presence of an employer, an employee and the payment of remuneration. No employees’ tax can be charged if one […]