Intergate Immigration Service has an expert team of immigration consultants and certified Home Affairs practitioners. The team has the latest knowledge on immigration legislation and has well established researched information on expected relocation procedures and changes.
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Exchanging money can be a daunting experience. Our well-informed experts can save you avoidable charges. Incompass Financial Solutions will guide you through the exchange process. The experts will advise you on the best solutions, whether it is a lump sum of money or a staggered monthly transaction.
Property
SA Homebuyers has been established with the aim of providing a sophisticated property buyers service. Acting as an independent property consultant, the service provides an unashamed bias towards protecting the buyers interest and assists in securing you the right property, in the right area and at the best price.
Tax
Seeking tax advice is never high up on anyone's shopping list, however the perception that tax advice is a necessary evil is not always correct. Yes it is true that tax advice helps you to comply with legislation and ensures compliance but it can also offer the opportunity to structure your affairs in the most tax advantageous fashion.
Insurance
Whether it is house and home, car insurance, medical aid or commercial cover, Incompass Insurance offers a free and independent assessment on your specific insurance needs. Furthermore, Incompass Insurance is one of the biggest guest house insurance brokers in South Africa.
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Opening up an appropriate bank account in South Africa often proves more difficult than you may think. We are able to provide our clients with advice on local banking, cash accounts for lump sums and Swiss banking.
There are number of important issues to consider for existing business, outside of South Africa, that wish to set up a South African Branch or commence local operations.
In the first instance decisions must be taken on the structure that should be used in order to do business.
Important factors that influence the decision making process are:
Ownership structure
Legal structure
Set up requirements
Taxation
Ongoing legal requirements (like audits)
Foreign exchange
The business can be set up in the following ways:
Branch – External company
Foreign owned South African Company
1. Branch of an Offshore Company - External Company
Entity
In the case of a South African branch being selected, the branch is registered within the jurisdiction of South Africa, although the shareholding and directors are situated in the country of origin.
The branch obtains a South African registration number.
The international company’s “Memorandum of Association” is also registered in South Africa and the company would have to operate according to the rules laid out by this framework.
Responsible person
A South African resident must be appointed and registered with the corporate registration authority (CIPRO). This person is responsible for the operations and compliance of the South African branch.
Statutory Requirements
There is no need for any shareholder meetings since there are no shares issued by this entity. Furthermore, no director meetings are required as long as the entity (branch) does not have any registered directors locally (South Africa).
Auditor
An auditor must be appointed for the branch. The scope of the audit is limited to the income statement of the South African operations, since there is no balance sheet required. The audit is mainly for income tax purposes. In addition, it can also be used by the international company’s auditors.
Income tax
The branch will be taxed at a rate of 34% on net profit.
Exchange control
Profit can flow to the international company as soon as all taxes on the profit are paid. When it comes to obtaining local finance, there are certain restrictions on the company’s financing leverage. This limitation is currently 1 to 1, thus 50% financing structure.
2. Local Branch South African Company Owned by an International Company (Full Subsidiary)
Entity
This entity operates in the form of a South African private company. Shares are issued by this company and taken up by the international company.
Responsible person
A South African resident must be appointed and registered with the corporate registration authority (CIPRO).
Statutory Requirements
Regular shareholder meetings must be held. However, these meetings need not necessarily be held in South Africa, and thus can also take place abroad.
Auditor
An auditor must be appointed for the company. The scope of the audit is unlimited. The audit is mainly for income tax & shareholder purposes.
Income tax
The net profit will be taxed at a rate of 29%. Once a dividend is declared (profit taken out of the company), there is a secondary tax of another 12%. This brings the total tax for a company to 37.5% (29% + (71%x12%).
Exchange control
All registered loans from a foreign source (capital invested) can be repaid at any stage. Dividends can be paid and repatriated once all taxes are paid.
Some of the Issues to Consider
There are two issues which need to be considered when making the decision which entity to use for operating purposes in South Africa. These issues are:
Profit
What are you going to do with the profit that the business operations will produce?
Black Economic Empowerment
In South Africa the Black Economic Empowerment Policy (BEE) has become an important issue when doing business. More and more pressure is being put on corporate South Africa to embrace this policy.
Where can we help
We will be able to assist you in the following areas:
Advice on the appropriate structure
We can be appointed in the interim as local representatives
We will be able to set up the branch or local private company