TABLE OF CONTENTS 1 PURPOSE 3 2 INTRODUCTION 3 3 REQUIRED SUPPORTING DOCUMENTATION 4 4 ESTATES 9 5 TAXPAYER/EMPLOYER/VENDOR WHO IS INCAPACITATED/TERMINALLY ILL 10 6 TAXPAYER/EMPLOYER/VENDOR WHO IS IMPRISONED 11 7 NON-RESIDENT TAXPAYER 11 8 TAXPAYER WHO IS A MINOR CHILD 11 9 SHARED ACCOUNT (SPOUSE S ACCOUNT) 12 10 INCOME BELOW TAX THRESHOLD/IMPRACTICAL 13 11 DISTANCE MORE THAN 200KM 13 12 ADDITIONAL REQUIREMENTS WHERE THIRD PARTY BANK ACCOUNTS IS USED 15 13 DEFINITIONS AND ACRONYMS 17 REVISION: 2 Page 2 of 17
1 PURPOSE The purpose of this document is to assist individual taxpayers/representative taxpayers/employers/representative employers/vat vendors/representative vendors and tax practitioners to understand their obligations when they need to change banking details at the South African Revenue Service (SARS). This guide prescribes all the legal requirements and the manner in which a taxpayer can request a change in banking details. 2 INTRODUCTION Due to the immediate risk associated with the change of banking details and refunds being paid into incorrect bank accounts causing a revenue loss to SARS and unsuspecting taxpayers, it was decided to identify possible verification methods to eliminate fraud and streamline the process. Change of bank details can be requested via one of the following channels: In Person at a SARS branch (SARS s preferred channel) efiling under Maintain Taxpayer Registered Particulars menu For Personal Income Tax, individuals may change banking details when completing and submitting an individual Income Tax Return (ITR12) and at SARS Mobile Tax units. SARS will under no circumstances accept a request for change of banking details, if the request is received via: Telephone, Facsimile, Post, Drop-box, or E-mail. Taxpayers bank account details must comply with the following: It must either be a South African cheque, savings or transmission account; The account must be in the name of the taxpayer. Credit card, bond and foreign bank accounts are not permitted. The change of banking details can be requested by: Requestor with mandate: Personal Assistant/Clerk/Administrative officer to the tax practitioner, Tax Consultant, Director, Fund Administrator, Secretary, Attorney, Advocate, Legal Advisor, Auditor, Bookkeeper; etc. A Requestor with a once off mandate will not be able to change banking details on efiling if he/she is not linked to a tax practitioner on efiling. Representative: A representative must be a natural person, e.g. Treasurer, Partner, Public Officer, Member, Accounting officer, Curator, Liquidator, Executor, Director Executor, etc. that has been registered as the official representative of a legal entity (such as a company) on the SARS system. Tax Practitioner: is a person registered with a controlling body and SARS. The person is assigned with a unique identification number (A SARS allocated PR number). Tax practitioners will still be required to present a valid POA if they act on behalf of an entity. Tax Practitioners that currently have active efiling profiles for the represented entity will still have access to represented entity services. Exceptional circumstances under which SARS will allow a request for change of banking details to be done by a person who is not the account holder and who has power of attorney or other proof (e.g. letter of authority) are: Any estate; REVISION: 2 Page 3 of 17
Where the taxpayer is incapacitated / terminally ill; Where the taxpayer is a non-resident (emigrant, expatriate, foreigner or SA citizen temporarily outside the Republic); Where the taxpayer is imprisoned; Where the taxpayer is a minor child; Shared Account (Spouse s Account); Income below tax threshold/impractical; and Where distance of the taxpayer from the SARS branch is more than 200km. Note: Such a person will still have to visit the SARS branch with the relevant supporting documents applicable to effect the change. Any person who is granted a power of attorney can enquire, complete and sign the necessary tax returns or other documents regarding the taxpayer s tax affairs. The appointed person with a POA must therefore submit the taxpayer s bank statement as well as the other supporting documents listed below. If the taxpayer is coded as a deceased estate, only the person appointed by the Master of the High Court with the letter of Authority or letter of Executorship can request the changes. However, authority can be delegated to a registered tax practitioner or an agent to act on behalf of the executor. The tax practitioner or agent must have POA from the executor and all required supporting documents for the change of banking details and authenticating the tax practitioner or agent. An agent may include an attorney, auditor or trust company which in turn may nominate an employee to administer the estate. The nominated employee is required to present a Power of Attorney to act on behalf of the executor. The SARS Power of Attorney form is available on the SARS website www.sars.gov.za. In the case where SARS does not have valid banking details and have valid cell phone numbers and/or email addresses for taxpayers; notifications will be sent to taxpayers/representative taxpayers via SMS or email to submit valid banking details and the relevant supporting documents to SARS. 3 REQUIRED SUPPORTING DOCUMENTATION Personal Income Tax: The following supporting documents must be submitted to SARS: Valid original or a temporary identity document/passport/driving licence/asylum seekers permit and a certified copy thereof. Original bank statement or ATM/Internet generated statement or ABSA date the bank account was opened. Copy/original proof of residential address. Corporate Income Tax: To change banking details at a SARS branch, the following supporting documents must be submitted by the taxpayer or their representative person: Copy of the Registration Certificate and Notice of Incorporation ; Valid original or a temporary identity document/passport/driving licence of the taxpayer (Public officer/representative taxpayer) and a certified copy thereof; Original bank statement or ATM/Internet generated statement or ABSA REVISION: 2 Page 4 of 17
Copy of proof of residential address of the taxpayer (Public officer/representative taxpayer); Copy of proof of physical business address; Letter of appointment from the company where the request is received from the representative; Power of Attorney (POA) where request is received from the Tax practitioner or requestor with a mandate. Government Institutions: The representative taxpayer of a Government Institution is usually the Accounting Officer. However, a representative taxpayer can be represented as follows as per the different Government Institutions: Local Government the Municipal Manager Provincial Government the Superintendent General National Government the Director General The representative taxpayer can delegate the tax responsibility to the Chief Financial Officer (CFO) or any other official; The following supporting documents are required to change banking details for Government Institution: Letter on the letterhead of the Government Institution from the Accounting Officer indicating the name and address of the institution; Letter from the bank with bank stamp showing the banking details of the Government Institution (this will be used for change of banking details only); Power of attorney completed by Accounting Officer indicating the details of the representative taxpayer for the institution; and Original ID and certified copy of ID of the representative taxpayer visiting the SARS branch. Accounting Officer is as follows: Head of Department in the case of National and Provincial Government Departments Municipal Manager in the case of Local Government COO/CFO in the case of State Owned Entitles Body Corporates: The change of banking details for body corporates is treated the same way as for Corporate Income Tax. However, the supporting documents required differs: Certificate of Establishment; Management and Conduct of Rules of Body Corporate; Valid original or a temporary identity document/passport/driving licence of the person representing the body corporate and a certified copy thereof; Original bank statement or ATM/Internet generated statement or ABSA Copy of a proof of residential address of the representative taxpayer; Copy of a proof of physical business address of the body corporate (if applicable); and Power of Attorney (POA). Main Holding company and Subsidiary companies: The banking details for the main holding company can be used but this will be considered third party banking details. If a company is a subsidiary company of a REVISION: 2 Page 5 of 17
holding company and a holding company s bank account is used or vice versa, the following additional supporting documents must be submitted: Copy of a letter from the Public Officer confirming the group structure; Copy of a letter of appointment of representative vendor/representative taxpayer; and Valid original identity document/passport/driving licence or a temporary identity document/passport/driving licence of authorised signatory of nominated bank account and a certified copy thereof. Trust: The following supporting documents must be submitted for the change of banking details of a trust: Copy of a Trust deed together with the minutes of a meeting specifying who is authorised to act on behalf of a trust; Valid original or a temporary or certified copy of identity document/passport/driving licence of the Representative taxpayer. Original bank statement or ATM/Internet generated statement or ABSA Copy of a proof of residential address of the requestor; and Copy of a proof of business physical address; Letter of authority from the master of high court where the request is received from the representative; Power of Attorney (POA) where request is received from the Tax practitioner or requestor with a mandate. Employers: The following supporting documents must be submitted by the employer/representative employer for the change of banking details: Copy of the Registration Certificate and Notice of Incorporation in the case of a Company; or Trust Deed together with the minutes of a meeting specifying who is authorised to act on behalf of a Trust in the case of a Trust; or Partnership/Joint Venture Agreement in the case of a Partnership or Joint Venture; or Foreign Donor Agreement between the applicable country and South Africa in the case of a Foreign Donor Funded Project; or Notice establishing the district municipal structure that indicates who is the appointed Chief Financial Officer (CFO) in a case of a municipality. The minutes of special council meeting must also be requested where the municipal structure was amended. Please note that only the front page of the municipal structure and the parts which indicate the accounting officer (municipal manager) and CFO details must be submitted with the change of banking details request; Valid original identity document/passport/driving licence or a temporarily identity document/passport driving licence of an employer or representative employer and a certified copy thereof; Original bank statement or ATM/Internet generated statement or ABSA Copy of a proof of residential address of an employer or representative employer, and Copy of a proof of physical business address of the employer; REVISION: 2 Page 6 of 17
Letter of appointment from the employer where the request is received from the representative; Power of Attorney (POA) where request is received from the Tax practitioner or requestor with a mandate. Vendor: The following supporting documents must be submitted for the change of banking details of a vendor: Copy of the Registration Certificate and Notice of Incorporation in the case of a Company; or Trust Deed together with the minutes of a meeting specifying who is authorised to act on behalf of a Trust in the case of a Trust, or Partnership/Joint Venture Agreement in the case of a Partnership or a Joint Venture; or Foreign Donor Agreement between the applicable country and South Africa in the case of a Foreign Donor Funded Project; Valid original identity document/passport/driving licence/asylum seeker certificate or a temporary identity document/passport/driving licence of a vendor or a representative vendor and a certified copy thereof; Original bank statement or ATM/Internet generated statement or ABSA Copy of a proof of residential address of a vendor or representative vendor; and Copy of a proof of physical business address; Letter of appointment from the vendor where the request is received from the representative; Power of Attorney (POA) where request is received from the Tax practitioner or requestor with a mandate. Tax Exempt Institutions The following supporting documents must be submitted for the change of banking details of an exempt institution: A founding document which is either of the following: Signed and dated Constitution if you are an Association of Persons Signed copy of the Trust deed from the Master s Office and Letter of Authority If you are a Trust Copy of Memorandum of Incorporation and Articles of Association If you are a non-profit company registered with Company Intellectual Property Commission (CIPC)) Legible Certified copies of valid identity documents of all three fiduciary responsible office bearers as well as the Public Officer/Representative (if different from the three office bearers); Original bank statement or ATM/Internet generated statement or ABSA Copy of a proof of physical business address for the organisation; and o Copy of proof of address of the Public Officer, only if the Public Officer is not registered with SARS. REVISION: 2 Page 7 of 17
Change of banking details by a Tax Practitioner: If a Tax Practitioner is appointed, the following additional supporting documents must be provided: Valid original or a temporary identity document/passport/driving licence of the tax practitioner person and a certified copy thereof; Power of Attorney appointing the tax practitioner as a requestor; Certified copy of identity document/passport/driving licence of the taxpayer. The TPPOA (Special Power of Attorney by Tax Practitioner) External form has been updated to remove the exclusion of banking details change. Power of Attorney (POA) forms must be submitted with a certified copy of the identity document/passport/driving licence. Other non SARS designed POAs will be accepted. However, where a SARS designed POA is used, it must be the latest version and no previous SARS versions will be accepted. The power of attorney forms designed by SARS are not regulated by law. It is only as guidance to external stakeholders. The table below provides a list of documentation that will be accepted by SARS as proof of residential or physical business address. Document description Validity period 1 GENERAL ACCOUNTS: 1.1 Utility account i.e. rates and taxes, water, electricity or Less than 3 months old gas account 1.2 Educational Institution account Less than 3 months old 1.3 Co-op statement (for farmers) Less than 3 months old 1.4 Medical aid statement Less than 3 months old 1.5 Mortgage statement from mortgage lender Less than 6 months old 1.6 Telephone account (Landline and Cell phone networks) Less than 3 months old 1.7 e-toll account Less than 3 months old 1.8 SABC television licence documentation Less than 1 year old 1.9 Major Retail Accounts Less than 3 months old 2 GOVERNMENT ISSUED DOCUMENT: 2.1 Motor vehicle licence documentation Less than 1 year old 2.2 Court order Less than 3 months old 2.3 Subpoena Less than 3 months old 2.4 Traffic fine Less than 3 months old 2.5 Documentation relating to UIF or pension payout Less than 3 months old 3 INSURANCE AND INVESTMENT DOCUMENT: 3.1 Life assurance document Less than 1 year old 3.2 Short- term insurance document Less than 1 year old 3.3 Health insurance document Less than 1 year old 3.4 Funeral policy document Less than 1 year old 3.5 Investment statement from share, portfolio or unit trust Less than 1 year old 4 LEASE / FRANCHISE AGREEMENT: 4.1 Current and valid agreement 5 LEGAL DOCUMENTS: Any statutory body, Local Government or any other legal document statement that bear the residential address of the taxpayer Less than 3 months old REVISION: 2 Page 8 of 17
Note: The document provided as proof of residential address must reflect the taxpayer s name (either initials and surname or first name(s) and surname) and physical address. If the taxpayer stays in a residence owned by a third party (i.e. proof residence is in the name of someone else and not the taxpayer), a Confirmation of Entity Residential/Business Address (CRA01) form must be completed by the third party. The CRA01 form must be signed by that third party. There are two types of CRA01 forms available on the SARS Portal and SARS website: CRA01 - Confirmation of Residential or Business Address for Online Completion: All mandatory fields must be completed on the form before printing it. A blank form can be printed for manual completion by indicating the type of CRA01 required, i.e. the entity and selecting the Print Blank Form button. A Confirmation of Residential/Business Address by Third Party (CRA01) must be completed by the Chief or Councilor if a taxpayer resides in an area where municipal accounts are not issued. If a letter is obtained from the Ward councilor, the letter must be from the municipality where the taxpayer resides in. Copies certified by Authorised persons (e.g. South African Post Office, South African Police Station, Attorneys, etc.) are acceptable. Note: A true copy stamp should always be accompanied by the Commissioner of Oaths stamp. 4 ESTATES In the case of an estate (individual) or Sole Proprietor, the following documents are required: In the case of a deceased estate, a letter of authority/executorships signed and stamped by the Master of the High Court; or In the case of an insolvent estate, a letter of appointment signed and stamped by the Master of the High Court; Original or a temporary identity document/passport/driving licence of the executor or the trustee and a certified copy thereof; Copy of the bank statement/original letter from the bank with the original bank stamp, not more than three months old confirming executor s or estate late bank account details, and Copy of proof of residential address of the executor or the trustee. Change of banking details for a deceased taxpayer can only be effected once the case has been coded as a deceased estate. Executors are therefore urged to wait for a letter from SARS confirming the taxpayers status change before attempting to change the banking details. Where more than one executor has been appointed by the Master of the High Court and one executor has been nominated by the co-executor/s to represent the taxpayer, a completed and signed SARS Power of Attorney (POA) form is acceptable. The executor must submit SARS POA form together with the above listed documents. A registered Administrator of Estates can effect changes to banking details for a taxpayer with an insolvent estate by submitting a SARS POA form (completed and REVISION: 2 Page 9 of 17
signed by the trustee) together with the above listed documents irrespective of the value of the estate. In the case of an estate: If the value of the estate is R250 000 or less, the Master of the High Court is not obliged to issue a Letter of Executorship, but may issue a Letter of Authority and the estate will be regarded as a section 18(3) appointment. If the value of the estate is more than R250 000, the Master of the High Court will issue a Letter of Executorship. If the money in the estate is less than R1000, no bank account should be opened. If the money's on hand is more than a R1000, a bank account should be opened in the name of the Estate by the Executor. If the master gives permission to the Executor that no bank account should be opened, the Executor should provide proof that that they got a letter from the master indicating that no bank account needs to be opened. Where the Master of the High Court has appointed a corporate executor, the executor can nominate agents and/or employees to act on its behalf. In the case of a Corporate Executor, the following documents are required: Original letter on the executor s letterhead (reflecting the executor s business physical address) which indicates the name and identity/passport number of the individual nominee; Certified copy of a letter of authority/executorships/appointment signed and stamped by the Master of the High Court; Original bank statement or ATM/Internet generated statement or ABSA Original or a temporary identity document/passport/driving licence of the nominee and a certified copy thereof, and Copy of proof of the executor s business physical address. 5 TAXPAYER/EMPLOYER/VENDOR WHO IS INCAPACITATED/TERMINALLY ILL In the case where the taxpayer, employer or vendor is incapacitated/terminally ill, the following documents are required: Letter of appointment as an administrator signed and stamped by the Master of the High Court; Valid original or a temporary identity document/passport/driving licence of the appointed person and a certified copy thereof; Certified copy of identity document/passport/driving licence of the incapacitated/terminally ill taxpayer; Original medical certificate from a registered doctor or hospital confirming that the taxpayer is terminally ill or bedridden. The certificate must not be more than three months old; Original bank statement or ATM/Internet generated statement or ABSA date the bank account was opened.. REVISION: 2 Page 10 of 17
From both the incapacitated/terminally ill taxpayer and the appointed person: Proof of residential address. 6 TAXPAYER/EMPLOYER/VENDOR WHO IS IMPRISONED In the case of a taxpayer, employer or vendor who is imprisoned, the following documents are required: SARS Power of Attorney appointing a person as a duly authorised agent; Valid original or a temporary identity document/passport/driving licence of the appointed person and a certified copy thereof; Certified copy of identity document/passport/driving licence of the imprisoned taxpayer; Original signed letter from the Department of Correctional Services confirming that the taxpayer is imprisoned for a specific period. The letter must not be more than three months old; and Original bank statement or ATM/Internet generated statement or ABSA date the bank account was opened. 7 NON-RESIDENT TAXPAYER In the case of a taxpayer who is a non-resident, the following documents are required: SARS Power of Attorney appointing a person as a duly authorised agent; Valid original or a temporary identity document/passport/driving licence of the appointed person and a copy thereof; Certified copy of the identity document/passport/driving licence of the nonresident taxpayer; Where the taxpayer is temporarily outside the Republic, original letter of secondment from the employer confirming that the taxpayer is temporarily outside the Republic for a specific period. The letter should not be more than three months old; or Where the taxpayer is an expatriate, an original letter from the South African employer confirming that the taxpayer is temporarily in the Republic for a specific period. The letter should not be more than three months old; or Where the taxpayer is an emigrant, a copy of a Residency Certificate from a country of residence; Original bank statement or ATM/Internet generated statement or ABSA date the bank account was opened., and Copy of proof of residential address of the non-resident taxpayer. 8 TAXPAYER WHO IS A MINOR CHILD In the case of a minor child, the following documents are required: Valid original or a temporary identity document/passport/driving licence of a parent or legal guardian and a certified copy thereof; Certified copy of the birth certificate of the minor child; REVISION: 2 Page 11 of 17
If the minor child taxpayer is represented by a legal guardian, a certified copy of a letter confirming legal guardianship from the Master of the High Court or a certified copy of the court order; Original bank statement or ATM/Internet generated statement or ABSA date the bank account was opened, and Copy of proof of residential address of the parent or legal guardian. Where a parent or legal guardian has appointed a person to act as an agent on behalf of a minor child taxpayer, the following documents are required: SARS Power of Attorney appointing the person as a duly authorised agent; Valid original or a temporary identity document/passport/driving licence of the appointed person and a certified copy thereof; Certified copy of identity document/passport/driving licence of the parent or legal guardian; Certified copy of the birth certificate of the minor child taxpayer; If a duly authorised person has been appointed by a legal guardian, a certified copy of a letter confirming legal guardianship or a certified copy of the court order; Original bank statement or ATM/Internet generated statement or ABSA date the bank account was opened, and From both the parent/legal guardian and the appointed person: Proof of residential address. 9 SHARED ACCOUNT (SPOUSE S ACCOUNT) In the case of a shared account, both partners are not required to be present at the SARS branch. Only the partner that requires the change must visit the branch. The following documents are required. A valid original or temporary identity document/passport/driving licence of both partners and certified copies thereof. Original bank statement or ATM/Internet generated statement or ABSA date the bank account was opened.. Proof of residential address not older than three months or CRA01 if a third party residential address is used. Marriage certificate if married, if not married or if no marriage certificate can be produced, an affidavit must be provided. REVISION: 2 Page 12 of 17
10 INCOME BELOW TAX THRESHOLD/IMPRACTICAL In the case where the taxpayer earn below the Income Tax Threshold or where it is impractical, but we do require banking details, the following supporting documents must be provided: Proof of income in a case of taxpayers with income below tax threshold is required; The taxpayer must provide a valid original or a temporary identity document/passport/driving licence and a certified copy thereof. Original bank statement or ATM/Internet generated statement or ABSA and Proof of residential address. 11 DISTANCE MORE THAN 200KM In the case where the taxpayer/public officer/company/employer/vendor lives more than 200km from the SARS branch, the following documents are required: Power of Attorney appointing a person as a representative taxpayer; Valid original or a temporary identity document/passport/driving licence of an appointed person and a certified copy thereof; Certified copy of identity document/passport/driving licence; and Original bank statement or ATM/Internet generated statement or ABSA date the bank account was opened, and Copy of proof of residential address. There are certain exceptional circumstances under which SARS will allow verification of banking details to be done by a person with a mandate or tax practitioner that has power of attorney. Such a person will still have to visit the SARS branch with the supporting documents, depending on the exceptional circumstances. The following are exceptional circumstances and the supporting documents which must be presented: In the case where a representative taxpayer/ employer/vendor is temporarily outside the Republic: Power of Attorney appointing a person as a representative taxpayer/employer; Valid original or a temporary ID/passport/driving licence of an appointed person and a certified copy thereof; Original letter from the company (on the company s letterhead) confirming that the representative/representative taxpayer is temporarily outside the Republic; Copy of the Memorandum of Incorporation; Original bank statement or ATM/Internet generated statement or ABSA REVISION: 2 Page 13 of 17
Copy of proof of residential address of the representative taxpayer (appointed person as per the Power of Attorney); and Copy of proof of physical business address of the taxpayer. In the case where a representative taxpayer/employer/vendor is incapacitated or terminally ill: Power of Attorney appointing a person as a representative taxpayer; Valid original or a temporary ID/passport/driving licence of an appointed person and a certified copy thereof; Original letter from the company (on the company s letterhead) confirming that the representative taxpayer is incapacitated or terminally ill; Copy of the Memorandum of Incorporation; Original bank statement or ATM/Internet generated statement or ABSA Copy of proof of residential address of the representative taxpayer (appointed person as per the Power of Attorney); and Copy of proof of physical business address of a taxpayer. In the case of a company which is under liquidation: Copy of the Registration Certificate and Notice of Incorporation in the case of a Company; Letter of appointment signed and stamped by the Master of the High Court; Valid original or a temporary ID/passport/driving licence of the liquidator and a certified copy thereof; Original bank statement or ATM/Internet generated statement or ABSA and Copy of proof of residential address of the liquidator. In case of a Company Deregistration (including merger): Copy of a letter of appointment of representative vendor/representative taxpayer; Valid original identity document/passport/driving licence or a temporary identity document/passport/driving licence of authorised signatory of nominated bank account and a certified copy thereof; Original bank statement or ATM/Internet generated statement or ABSA REVISION: 2 Page 14 of 17
date the bank account was opened. The director s banking details are acceptable if the company does not have active bank account. If there is more than one director, one director must be selected who s banking details should be used for change of companies banking details. In a case of a Group company: The banking details for the main holding company can be used but this will be considered third party banking details and a case will be created for the Banking Details Exception Handling Management Team. If a company is a subsidiary company of a holding company and a holding company s bank account is used or vice versa, the following additional supporting documents must be submitted: Copy of a letter from the Public Officer confirming the group structure; Copy of a letter of appointment of representative vendor/representative taxpayer; Valid original identity document/passport/driving licence or a temporary identity document/passport/driving licence of authorised signatory of nominated bank account and a certified copy thereof; Original bank statement or ATM/Internet generated statement or ABSA date the bank account was opened. In the case where distance of the public officer/company from the SARS branch is more than 200km, the following documents are required: Copy of the Registration Certificate and Notice of Incorporation in the case of a Company; Valid original or a temporary identity document/passport/driving licence of the taxpayer (Public officer/representative taxpayer) and a certified copy thereof; Original bank statement or ATM/Internet generated statement or ABSA date the bank account was opened.. Copy of a proof of residential address of the taxpayer (Public officer/representative taxpayer), Copy of proof of physical business address, Letter of appointment from the company where the request is received from the representative, Power of Attorney (POA) where the request is received from the Tax practitioner or requestor with a mandate. 12 ADDITIONAL REQUIREMENTS WHERE THIRD PARTY BANK ACCOUNTS IS USED In the case of a non-resident company or a subsidiary or holding company as defined in section 1 of the Companies Act No.71 of 2008, the following additional documents must be provided where a third party bank account is used: REVISION: 2 Page 15 of 17
Non-resident Company: If the company is a non-resident company of the Republic: Indemnity form VAT119i; Copy of the Memorandum of Incorporation or similar document issued indicating the country of issue; Copy of a letter of appointment of a representative vendor; and Valid original or a temporary identity document/passport/driving licence of an authorised signatory of a nominated bank account and a certified copy thereof. Main Holding Companies or Subsidiary Companies: If a company is a subsidiary company of a holding company and a holding company s bank account is used or vice versa, the following additional supporting documents must be submitted: Indemnity form VAT119i; Copy of a letter from the Public Officer confirming the group structure; Copy of a letter of appointment of representative vendor/representative taxpayer; and Valid, original identity document/passport/driving licence or a temporary identity document/passport/driving licence of authorised signatory of nominated bank account and a certified copy thereof. Where the letter named above is not in one of the official South African languages, SARS will request for a translation in writing (e.g. a letter will be issued). REVISION: 2 Page 16 of 17
13 DEFINITIONS AND ACRONYMS Commissioner Commissioner for the South African Revenue Service CRA01 Confirmation of Entity Residential/Business Address IT Act Income Tax Act No. 58 of 1962 PAYE Pay As You Earn SARS South African Revenue Service Tax In terms of the Tax Administration Act, tax includes a tax, duty, levy, royalty, fee, contribution, penalty, interest and any other moneys imposed under a tax Act Tax Position An assumption underlying one or more aspects of a tax return, including whether or not: (a) an amount, transaction, event or item is taxable; (b) an amount or item is deductible or may be set off; (c) a lower rate of tax than the maximum applicable to that class of taxpayer, transaction, event or item applies; or (d) an amount qualifies as a reduction of tax payable. Taxpayer In terms of the Tax Administration Act, taxpayer means a) A person chargeable to tax; b) A representative taxpayer; c) A withholding agent; d) A responsible third party; or e) A person who is the subject of a request to provide assistance under an international tax agreement TAA Act Tax Administration Act No.28 of 2011 DISCLAIMER The information contained in this guide is intended as guidance only and is not considered to be a legal reference, nor is it a binding ruling. The information does not take the place of legislation and readers who are in doubt regarding any aspect of the information displayed in the guide should refer to the relevant legislation, or seek a formal opinion from a suitably qualified individual. For more information about the contents of this publication you may: Visit the SARS website at www.sars.gov.za Visit your nearest SARS branch Contact your own registered tax practitioner If calling from within South Africa, contact the SARS Contact Centre on 0800 00 7277 If calling from outside South Africa, contact the SARS Contact Centre on +27 11 602 2093 (only between 8am and 4pm South African time). REVISION: 2 Page 17 of 17