Category: Sixth Schedule – Determination of turnover tax payable by micro businesses

SIXTH SCHEDULE

 

Sixth Schedule added by section 28 of Act 90 of 1972, amended by section 27 – section 41 of Act 65 of 1973, section 63 – section 68 of the Act 85 of 1974, section 37 of Act 69 of 1975, section 19 of Act 101 of 1978, section 29 of Act 96 of 1981, section 58 and section 59 of Act 94 of 1983, section 45 of Act 121 of 1984, section 21 – section 25 of Act 96 of 1985, section 31 and section 32 of Act 65 of 1986 and section 26 and section 27 of Act 85 of 1987, repealed by section 51 of Act 113 of 1993 and inserted by section 71 of Act 60 of 2008 effective on 1 March 2009.

Paragraph 2 (Sixth Schedule) – Persons that qualify as micro business

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2.     PERSONS THAT QUALIFY AS MICRO BUSINESSES

 

(1)     A person qualifies as a micro business if that person is a-

 

(a)     natural person (or the deceased or insolvent estate of a natural person that was a registered micro business at the time of death or insolvency); or

 

(b)     company,

 

where the qualifying turnover of that person for the year of assessment does not exceed an amount of R1 million.

 

(2)     If a person described in subparagraph (1) carries on a business during the relevant year of assessment for a period which is less than 12 months, the amount described in subparagraph (1) is reduced proportionally taking into account the number of full months that it did not carry on business during that year.

Paragraph 3 (Sixth Schedule) – Persons that do not qualify as micro business

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3.     PERSONS THAT DO NOT QUALIFY AS MICRO BUSINESSES

A person does not qualify as a micro business for a year of assessment where-

 

(a)     that person at any time during that year of assessment holds any shares or has any interest in the equity of a company other than a share or interest described in paragraph 4;

(b)     more than 20 per cent of that person’s total receipts during that year of assessment consists of –

(i)      where that person is a natural person (or the deceased or insolvent estate of a natural person that was a registered micro business at the time of death or insolvency), income from the rendering of a professional service; and

(ii)     where that person is a company, investment income and income from the rendering of a professional service;

(c)     at any time during that year of assessment that person is a ‘personal service provider’ or a ‘labour broker’, as defined in the Fourth Schedule, other than a labour broker in respect of which a certificate of exemption has been issued in terms of paragraph 2(5) of that Schedule;

(d)     ……….

(e)     the total of all amounts received by that person from the disposal of-

(i)      immovable property used mainly for business purposes; and

(ii)     any other asset of a capital nature used mainly for business purposes, other than any financial instrument,

exceeds R1,5 million over a period of three years comprising the current year of assessment and the immediately preceding two years of assessment, or such shorter period during which that person was a registered micro business;

(f)      in the case of a company-

(i)      its year of assessment ends on a date other than the last day of February;

(ii)     at any time during its year of assessment, any holder of shares in that micro business is a person other than a natural person (or the deceased or insolvent estate of a natural person);

(iii)    at any time during its year of assessment, any holder of shares in that micro business holds any shares or has any interest in the equity of any other company other than a share or interest described in paragraph 4 : Provided that the provisions of this item do not apply to the holding of any shares in or interest in the equity of a company, if the company-

(aa)    has not during any year of assessment –

(A)    carried on any trade; and

(B)     owned assets, the total market value of which exceeds R5000; or

(bb)   has taken the steps contemplated in section 41(4) to liquidate, wind up or deregister: Provided further that this paragraph ceases to apply if the company has at any stage withdrawn any step so taken or does anything to invalidate any step so taken, with the result that the company will not be liquidated, wound up or deregistered;

(iv)    it is a public benefit organisation approved by the Commissioner in terms of section 30;

[Item (iv) substituted by section 89 of Act 25 of 2015 effective on 8 January 2016]

(v)     it is a recreational club approved by the Commissioner in terms of section 30A;

(vi)    it is an association approved by the Commissioner in terms of section 30B; or

[Item (vi) added by section 89 of Act 25 of 2015 effective on 8 January 2016]

(vii)   it is a small business funding entity approved by the Commissioner in terms of section 30C;

[Item (vii) added by section 89 of Act 25 of 2015 effective on 8 January 2016]

(g)     in the case of a person that is a partner in a partnership during that year of assessment-

(i)      any of the partners in that partnership is not a natural person;

(ii)     that person is a partner in more than one partnership at any time during that year of assessment; or

(iii)    the qualifying turnover of that partnership for that year of assessment exceeds the amount described in paragraph 2.

Paragraph 4 (Sixth Schedule) – Permissible shares and interests

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4.     PERMISSIBLE SHARES AND INTERESTS

 

The disqualification in terms of paragraph 3(a) or 3(f)(iii) does not apply to a share or interest-

 

(a)     in a company as described in paragraph (a) of the definition of a ‘listed company’;

 

(b)     in a portfolio in a collective investment scheme as described in paragraph (e) of the definition of a company;

 

(c)     in a company as described in section 10(1)(e);

 

(d)     in a venture capital company as defined in section 12J;

 

(e)     that constitutes less than 5 per cent of the interest in a social or consumer co-operative or a co-operative burial society as defined in section 1 of the Co-operatives Act, 2005 (Act No. 14 of 2005), or any other similar co-operative if all of the income derived from the trade of that co-operative during any year of assessment is solely derived from its members;

 

(f)      that constitutes less than 5 per cent of the interest in a primary savings co-operative bank or a primary savings and loans co-operative bank as defined in the Co-operative Banks Act, 2007 (Act No. 40 of 2007), that may provide, participate in or undertake only banking services as described in section 14(2)(a) or (b) of that Act; or

 

(g)     in any friendly society as defined in section 1 of the Friendly Societies Act, 1956 (Act No. 25 of 1956).

Paragraph 7 (Sixth Schedule) – Exclusions from taxable turnover

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7.    EXCLUSIONS FROM TAXABLE TURNOVER

The taxable turnover of a registered micro business does not include-

(a)     in the case of a natural person, investment income;

(b)     any amount exempt from normal tax in terms of section 10(1)(zK) or 12P;

[Subparagraph (b) substituted by section 115 of Act 31 of 2013 and section 65 of Act 15 of 2016 effective on 19 January 2017]

(c)     any amount received by that registered micro business where that amount accrued to it prior to its registration as a micro business and that amount accrued was subject to tax in terms of this Act; and

(d)     any amount received by that registered micro business from any person by way of a refund in respect of goods or services supplied by that person to that registered micro business.

Paragraph 8 (Sixth Schedule) – Registration

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8.     REGISTRATION

 

(1)     A person that meets the requirements set out in Part II may elect to be registered as a micro business-

 

(a)     before the beginning of a year of assessment or such later date during that year of assessment as the Commissioner may prescribe by notice in the Gazette;or

 

(b)     in the case of a person that commenced business activities during a year of assessment, within two months from the date of commencement of business activities.

 

(2)     A person that elected to be registered in terms of subparagraph (1) must be registered by the Commissioner with effect from the beginning of that year of assessment.

 

(3)     A person that is deregistered in terms of paragraph 9 or 10 may not again be registered as a micro business.