Tag: ExchangeControl

Can a business claim a tax deduction for money it pays as a bribe or kickback? Under section 23(o) of the Income Tax Act, the answer is no. Kickbacks are not tax deductible. The provision was introduced in 2005 to support South Africa’s anti-corruption efforts. It denies a tax deduction for any payment that amounts to corrupt activity under our main anti-corruption statute, the Prevention and Combating of Corrupt Activities Act 12 of 2004 (the PCCAA).

For years, one question has shaped South Africa’s crypto debate. It sounds simple, but it carries major legal consequences. If bitcoin is bought in South Africa and moved to a wallet linked to an offshore custodian, has capital left the country? The latest High Court ruling brings that question into sharper focus. It shifts attention away from what Bitcoin is. Instead, it focuses on what Bitcoin can do.

Foreign nationals who own fixed property in South Africa and derive rental income from it are increasingly facing new compliance hurdles when accessing or transferring those funds. Recent feedback from multiple South African banks indicates tighter access to non-resident bank accounts when account holders do not meet additional tax compliance requirements. As a result, foreign property owners could temporarily find themselves out of pocket under these new banking and tax rules.

The amount South African residents can send offshore without South African Revenue Service (SARS) clearance has remained unchanged since 2011. However, that is about to change. On 25 February, Finance Minister Enoch Godongwana announced that the Single Discretionary Allowance (SDA) will increase from R1 million to R2 million per person each calendar year.

At the end of October 2025, the South African Reserve Bank (SARB) introduced significant changes to how cross-border income transfers are processed. These updates tighten compliance and strengthen the alignment between SARB and the South African Revenue Service (SARS). Under SARB’s new rules, no South African-sourced income may be transferred abroad until SARS verifies an individual’s non-resident tax status and overall tax compliance.

When the Supreme Court of Appeal (SCA) hears the Standard Bank vs SARB appeal in 2026, the court will decide whether the 1961 Exchange Control Regulations can stretch to cover Bitcoin. This moment will define whether a borderless digital asset fits inside legislation written before computers existed. The stakes sit high, especially as the crypto crackdown intensifies across South Africa.