Tax Guide for Small Businesses 20 20 /2
Withholding of amounts from payments to non-resident sellers on the sale of
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LAPD-Gen-G09-Tax-Guide-for-Small-Businesses
3.2.28 Withholding of amounts from payments to non-resident sellers on the sale of
immovable property (section 35A) An amount of tax must be withheld from the amount that a person must pay on the sale of immovable property in South Africa by a non-resident. The amount is to be deducted by the purchaser from the amount payable to the seller, or to any other person for or on behalf of the seller. The amount which has to be withheld and paid over to SARS is equal to – • 7,5% of the amount payable, if the seller is a natural person; • 10% of the amount payable, if the seller is a company; and • 15% of the amount payable, if the seller is a trust. The seller may apply for a directive from SARS that no amount or a reduced amount be withheld having regard to the circumstances mentioned in section 35A(2). The amount withheld is an advance (credit) against the seller’s normal tax liability for the year of assessment during which the property is disposed of. No amount must be withheld – • if the total amount payable for the immovable property does not exceed R2 million; or • from any deposit paid by a purchaser for the purpose of securing the acquisition of the immovable property until the agreement for the disposal has become unconditional, in which case the withholding amount is to be withheld from the first following payments made by the purchaser for that disposal. 57 3.3 Withholding tax on royalties (sections 49A to 49H) Royalties received by or accrued to a non-resident may be subject to either normal tax or withholding tax on royalties. Amounts received for the imparting of any scientific, technical, industrial or commercial knowledge or information, commonly known as “know-how” payments, are included in the definition of “gross income”, and are taxable. The amount of any royalty received by or accrued to a person who is a non-resident is exempt from normal tax under section 10(1)(l), unless – • the non-resident was physically present in South Africa for more than 183 days in aggregate during the twelve-month period preceding the date on which the amount is received by or accrued to that person; or • the intellectual property, knowledge or information for which the royalty is paid is effectively connected with a permanent establishment of the non-resident in South Africa. Withholding tax on royalties is 15% (or a lower rate as determined in accordance with a relevant tax treaty). Withholding tax on royalties is payable on royalties paid by any person to or for the benefit of any foreign person if the amount is regarded as having been received or accrued from a source within South Africa. 57 For more information see the External Guide: Amounts to be Withheld when a Non-Resident Sells Immovable Property in SA IT-PP-02-G01. Tax Guide for Small Businesses (2020/2021) 52 The person making the payment of the royalty must withhold withholding tax on royalties from that amount. The withholding of tax is triggered by the date that the royalty is paid or becomes due and payable. The withholding tax on royalties must be paid over to SARS by the last day of the month following the month during which the royalty is paid. The amount withheld, which is denominated in any currency, other than the currency of the Republic, must be translated to rand at the spot rate on the date that the amount is withheld. Overpayment of withholding tax on royalties may be refunded if the required declaration form is submitted to SARS within three years after the royalty is paid. A foreign person may be exempt from withholding tax on royalties if the requirements of section 49D are met. 58 Download 0.78 Mb. Do'stlaringiz bilan baham: |
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