Tax Guide for Small Businesses 20 20 /2
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LAPD-Gen-G09-Tax-Guide-for-Small-Businesses
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- 3.10 Securities transfer tax (the Securities Transfer Tax Act 25 of 2007)
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Income tax Income received by or accrued to the executor of a deceased estate, which would have been income in the hands of the deceased, is deemed to be income of the deceased estate and is taxable in the deceased estate. 98 The deceased estate is treated as a natural person for this purpose, although the rebates and medical scheme tax credits [see 3.2.15(a)] are not available to it. 99 The deceased estate may be regarded as a natural person but is not seen as the same natural person as the deceased person. The deceased estate’s tax residency follows the residency of the deceased person at the date of death. If the deceased person was a resident at the date of death, the deceased estate will also be regarded as a resident. 100 3.10 Securities transfer tax (the Securities Transfer Tax Act 25 of 2007) STT is a tax levied under the Securities Transfer Tax Act 25 of 2007 and is payable on the transfer of any security issued by a CC or company incorporated in South Africa as well as foreign companies listed on a South African stock exchange, and on the reallocation of securities between different stock accounts. A transfer for STT purposes includes any disposal of a security held, or the cancellation or redemption of that security under certain circumstances, which results in a change in beneficial ownership. For purposes of this tax, “security” means – • any share or depository receipt in a company; or • any member’s interest in a CC. 94 Section 25(6). 95 Section 25(2)(a). 96 Section 25(3)(a). 97 Section 25(3)(b). 98 Section 25(1). 99 Section 25(5)(a). 100 Section 25(5)(b). Tax Guide for Small Businesses (2020/2021) 71 The debt portion in respect of a share linked to a debenture is excluded from a “security”. The STT rate is 0.25% of the taxable amount in respect of any transfer of a security which is the higher of the consideration paid for or the market value of the security. STT is payable on securities that are listed on an exchange and those that are not listed (unlisted). The person liable to pay the STT is determined based on whether the relevant security is listed or unlisted: • Listed securities: When that security is transferred through or from an authorised user of the relevant exchange, the said user is liable to pay the STT. The authorised user may, however, recover the tax from the person to whom the securities are transferred. When the listed security is not transferred through or from an authorised user of the relevant exchange, the person to whom the security is transferred is liable to pay the STT. • Unlisted securities – the company which issued the unlisted security is liable for STT. The company may, however, recover the tax payable from the person to whom the security is transferred. STT on the transfer of securities must be paid as follows: • Listed securities – by the 14 th day of the month following the month during which transfer of the securities occurred. • Unlisted securities – within two months from the end of the month during which the transfer of the securities occurred. Payment of STT must be made electronically through the SARS e-STT system. If any tax remains unpaid after the due date, a penalty of 10% of the unpaid tax is imposed. The Commissioner may, however, remit the penalty (or any portion thereof) in accordance with Chapter 15 of the TA Act. 101 The transfer of securities to certain entities and certain types of transactions are exempt from STT, for example – • transfers to any sphere of the government of South Africa or to any sphere of the government of any other country; • transfers to certain public benefit organisations (PBOs); • heirs or legatees that acquire securities through an inheritance; or • certain share transactions which are subject to transfer duty such as the acquisition of shares in a share block company. For more information, see the External Reference Guide: Securities Transfer Tax. 101 Section 6A of the Securities Transfer Tax Administration Act 26 of 2007. |
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