Sunday Times

Big tax breaks for small business corporatio­ns — do you qualify?

- Baines is author of How to Get a Sars Refund for Small Businesses and tax consultant at Mazars

There are big tax benefits available to companies that qualify as small business corporatio­ns. It is wise to determine whether your business qualifies so that you can take advantage of these reduced tax rates.

There is an extensive list of requiremen­ts that must be met before a company can qualify as a small business corporatio­n. Some of the major requiremen­ts are:

● The business must be a private company, CC, co-operative or personal liability company;

● The business cannot have an annual gross income that exceeds R20m;

● The shareholde­rs of the business cannot be shareholde­rs in other companies (though there are certain exceptions, including owning shares in a listed company);

● All shareholde­rs must be natural persons, ie individual­s; and

● Not more than 20% of total receipts of the business can be investment income and income from rendering a personal service (there are exceptions to this general rule).

The tax benefits to small business corporatio­ns are best illustrate­d by means of examples.

Example 1

Not a small business corporatio­n Gross income — R100,000 Less deductible expenses — R50,000 Taxable income — R50,000 (gross income less expenses)

Tax at 28% on taxable income — R14,000

Example 2

Small business corporatio­n Gross income — R100,000 Less deductible expenses — R50,000

Taxable income — R50,000 Tax at small business corporatio­n rates — R0

In this example, the small business corporatio­n has saved R14,000 tax for the tax year.

Example 3

Not a small business corporatio­n

Gross income — R1m

Less deductible expenses — R500,000

Taxable income — R500,000

Tax at 28% on taxable income — R140,000

Example 4

Small business corporatio­n Gross income — R1m

Less deductible expenses – R500,000

Taxable income — R500,000

Tax at small business corporatio­n rates — R48,370.

In examples three and four, the taxpayer has reduced the amount of tax payable to Sars by R91,630 for the tax year. This is a significan­t reduction in tax payable.

It must be noted that a personal service provider cannot qualify as a small business corporatio­n.

Besides the reduced tax rates, a small business corporatio­n is also entitled to an accelerate­d depreciati­on allowance for certain of its assets.

In order to qualify for the reduced tax rates to which a small business corporatio­n has access, the business must mark on their annual company tax return that they are a small business corporatio­n.

A business must obviously only do this if it is certain it meets all the requiremen­ts for it to qualify as a small business corporatio­n and does not fall foul of any exclusions.

Considerin­g the huge potential tax savings, it is recommende­d that the owners of all businesses that may comply with the above conditions take a closer look at their particular circumstan­ces to determine whether their business can qualify as a small business corporatio­n.

You stand to make substantia­l savings in your annual taxes if you do.

 ??  ?? Daniel Baines
Daniel Baines

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