- April 2006
Guide
to opening a business in South Africa’s golden city: Johannesburg
By Isebell
Gauché
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| Why
would anyone want to open a business in a country where people get killed
for less than $5? There are many good reasons. South Africa may be the
country with the highest crime and AIDS rate in the world, but it offers
several incentives that cannot be overlooked.
Apart from
the economic benefits, it is a vibrant, sunny and beautiful country with
friendly people, cultural diversity and tolerance, a rich wildlife, and
endless opportunities.
Incentives
for new business and investment - The South African government aims
for a 6% annual economic growth and has implemented several incentive measures
to curb the high unemployment rate. The main goals of the incentives are
to promote export, spatial improvement, industrial growth, enterprise development,
and decrease unemployment. The incentives are geared toward foreigners
who want to invest or open a business in South Africa. Certain zones have
been identified as prime priority, and Johannesburg as part of the Gauteng
province, is one of them.
The Department
of Trade and Industry (DTI), and the Industrial Development Corporation
(IDC), oversee the incentives schemes in the form of non-tax grants. The
incentive grants are limited to three years for any project. Ventures from
the following segments qualify: manufacturing; agriculture; aquamarine;
biotechnology; tourism; IT; communications; agro-processing; cultural enhancement;
business development; motor industry; textiles; engineering, and science
development. The allowances can be grouped under the following categories:
Broad-spectrum
incentives
The general
assistance takes the form of electricity allowances for larger companies,
assistance programs for industrial originality and joint ventures, expertise
support programs with concessions for instruction of new employees, as
well as the skill and workforce program to encourage the transferring of
knowledge. This applies to businesses that endeavor to expand their operations.
Compensation is limited to half the cost for training the new workforce.
Economic
incentives
The IDC offers
below average interest rates on business loans for sizeable endeavors based
on the feasibility of the projects. They also provide incentives for small
enterprises through awards and compensation in the third year of operation.
The allowances are based on the ratio of worker salaries to development
expenditures.
Foreign
venture incentives
DTI provide
allowances to foreign companies to a maximum of $150 000 for each project
where capital goods, equipment, and machinery are brought into the country
for the purpose of establishing a business in South Africa. This decreases
the initial setup or relocation costs of businesses by covering a portion
of the shipment expenses of the equipment.
Industrial
zones
A number of
industrial development areas have been identified for capital investment
and government assistance. The aim is to provide facilities for export
related industries. Under the scheme, businesses that fall in one of the
zones can apply for tax-free imports of capital products.
Assistance
for small and medium enterprises
The small
and medium business assistance program is aimed at employment creation,
investment promotion for tourism, manufacturing, IT, agricultural developments,
and sustainable business projects. Compensation for a maximum of 10% of
the original investment cost is provided to these businesses.
Manufacturing
incentives
Companies
with manufacturing as their exclusive operation can apply at the Regional
Development Offices for a tax break for up to six years. They must apply
for project approval before they start with the venture.
Urban development
areas
Several urban
zones have been identified for renewal and development. The aim is to promote
inner city regeneration across South Africa over the next 10 years. Johannesburg
and Cape Town are two of the sixteen cities. The incentives are in the
form of accelerated reduction grants. A tax deduction of 20% is provided
in the first year of renovation or development.
Companies that
own commercial or industrial property in the city zones can apply at the
city councils for compensation when they refurbish property in the areas.
The program also includes residential property and the construction of
new buildings.
The following
must be included in the application: descriptions of the structure; renovation
plans; cost projections, and construction plans. Occupancy and location
certificates must be obtained and a tax return completed with the South
African Revenue Service (SARS), together with the financial statements
for the upgrading or new development.
Tactical
investment assistance
A division
of the DTI, called the Enterprise Organization provides and investment
incentive scheme for industrial endeavors that exceed R50 million ($8 million)
in eligible industrial resources. The purpose of the program is to draw
foreign private entity investment. Businesses involved in manufacturing,
IT, and research qualify. The manufacturing of tobacco related products
are excluded. Companies must proof that they create job opportunities and
they must increase the annual production of goods. Apart from this, they
must not have a negative impact on local products and jobs.
Guide to
opening a business in South Africa’s golden city: Johannesburg
Opportunities
in South Africa - The agro-processing, motor industry, banking chemicals,
food and beverages, information services, computer technology, tourism,
telecommunications, property and mining are all segments that show positive
growth. The industry includes preparation processes with regard to maize,
sugar, fruit, malt, and meat.
South Africa
is an international player with regard to food and beverage processing
and self sufficient in food production. It is one of the main exporters
of food and agricultural related products to countries in Africa. There
are numerous multinational corporations in the country including Nestlé
and Coca Cola. -
Article Continued Below
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Four banks
namely Absa, Nedcor, FNB and Standard Bank dominated the domestic banking
industry for the past twenty years. Many other corporations have in recent
years introduced bank related products so that consumers now have a wider
choice of services and products than ever before. Even though the market
is still heavily regulated, more businesses now have the opportunity to
provide niche bank products.
The motor industry
welcomes foreign investment and already includes large international corporations
such as Ford and Toyota. The factories are located in the Eastern Cape
and Gauteng. There are still hundreds of opportunities in the manufacturing
of motor steel components.
Chemical related
industries form the largest part of the manufacturing industry and contribute
5% to the GDP. The government runs several intervention assistance schemes
for petroleum related ventures.
South Africa
has the fifth fastest growing information technology and communications
industry in the world. More than 60% of the population has mobile phones.
The three main players in the mobile phone services are Cell-C, MTN, and
Vodacom. The local outcry over high mobile phone rates have led to more
negotiations to open the industry to other players in order to gain more
competitive rates. Large international mobile phone companies have already
invested in South Africa including Siemens and Alcatel. Telkom controls
the landlines with an estimated figure of 7 million users in 2003. The
continued stealing of telecommunication cables and subsequent service interruptions
has pushed many users to rather make use of mobile phone and Internet connection
services.
The high crime
rate led to a large security industry. The residential estates and office
parks all have access control, alarms and Internet connections. This has
opened up possibilities in the manufacturing of security control systems,
communication products and integrated circuits.
Commercial
property growth surpassed that of residential growth in 2005. The property
prices in South Africa are still low in comparison with the United Kingdom
and even though fear of a property growth bubble has led to a slower growth,
the property market continues to show tremendous growth. Development land
is in high demand in Gauteng and Western Cape. The building and construction
industry will continue to benefit from the positive property investment
trend.
South Africa
is an economic leader in the mining of gold, platinum, diamonds and chrome.
There are numerous opportunities for the processing of iron, carbon, and
stainless steel.
The tourism
industry topped $10 billion in 2003. Eco-tourism is seen as a viable alternative
to normal farming practices and provides thousands of jobs to poor communities
situated next to game reserves. The Dinokeng project provides foreigners
the opportunity to open tourist related businesses in set areas and benefit
from government grants when they protect the environment, cultural heritage,
and provide substantial job opportunities to the previously disadvantaged
communities in the area.
Procedures
for opening a business in Johannesburg
Legal status
of businesses
The Companies
Act regulates all South African companies. There are a few choices of legal
entities. The Companies and Intellectual Property Office (CIPRO) administers
registration of new businesses.
Companies
The first
step is to reserve a name at CIPRO. A memorandum of the company and consent
of its auditors must accompany the application for registration. The process
takes 4 to 6 weeks and costs around R3300 excluding VAT. If a foreign company
wants to register in South Africa, it must register as an external business
with a certified copy of its articles and memorandum or equivalent thereof.
A South African diplomatic entity must authenticate it. Foreign business
branches are subject to the same laws and regulations as local businesses.
The cost is around R2500 excluding VAT.
Private companies
may not have more than 50 shareholders while public companies must have
at least 2 directors and at least 7 shareholders. It is not a prerequisite
to be resident in South Africa. There isn’t a minimum of equity capital
required. Any subsidiary of a foreign business is regarded as a South African
company but the legal accountability of the parent company is limited to
the capital that is invested.
Close corporations
These business
entities must have founding statements. Registration is also done through
CIPRO and takes around 4 to 6 weeks to complete. Close corporations may
have 1 to 10 members. Most foreign businesses rather register as private
companies because of certain limitations on close corporations.
Sole proprieties
and partnerships
It’s not necessary
to register a sole propriety or partnership but you will need to obtain
a bank account in order to reserve a name. Sole proprieties are also subject
to the same tax regulations, VAT and levies as other legal entities.
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Levies
and taxes
Businesses
that operate or derive their income from within the borders of South Africa
are subject to certain levies and taxes. The South African Revenue Services
(SARS) manages the tax system. Any business profits derived from business
activities in South Africa are taxable. Businesses can select their own
financial year-ends. All enterprises must complete annual tax return forms.
Provisional tax estimates are conducted and payable twice a year. Branches
and agencies of foreign companies are taxed at a rate of 35%. Trusts are
taxed 42%. Businesses must pay the following taxes and levies:
Income tax
The country
has progressive taxation on all personal income arising from within South
Africa. Tax on non-South African inhabitants is determined by the location
from where the income is derived.
Value Added
Tax (VAT)
A business
with a turnover of more than R300 000 a year must register for VAT. Any
division of a foreign owned business entity must register for VAT payable
at 14%. VAT is an indirect form of taxation payable on goods and
services delivered. Enterprises have a VAT cycle of two months.
Levy on
regional services
The levy varies
according to the region within South Africa and ranges from 0.14 to 0.35%
excluding VAT. The business income and salaries determine the levy. The
levy will be scraped in June 2006.
Stamp duties
The transfer
of shares entails 0.25% stamp duty. Bond and rental agreements also have
a stamp duty payable.
Transfer
duties
There are
transfer duties payable on land and buildings of 10% in terms of corporations.
The businesses are exempt of the duties when VAT is charged.
Unemployment
insurance
Businesses
must contribute to the Unemployment Insurance Fund (UIF), which is a fund
setup for workers who lose their jobs. Employers make a payment 2% of their
monthly-allocated salaries up to a certain established total. You can contact
the Labor Department in Johannesburg to make sure that your business comply
with all the requirements at +27 11 497 300 or +27 11 444 7631.
Workmen’s
compensation
Employers
must register their employees for workmen’s compensation and must contribute
to the fund. The fund provides compensation for injuries while at work.
Levy for
the development of skills
Enterprises
must pay a levy of 0.5 to 1% on the total amount of its salaries when the
payroll is more than R500 000 a month. The levy is used to fund the education
and skills development of workers in South Africa. -
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