1. Introduction

The Republic of South Africa, commonly known as “South Africa,” is located at the southern tip of the African continent. It is the second-largest economy in Africa, classified as a middle-income developing country, and is also the most economically developed and industrialized nation on the continent. South Africa has a well-developed financial and legal system, with good infrastructure in communications, transportation, and energy. In recent years, there have been many developments in South Africa regarding the classification of cryptocurrency assets and industry licensing. The South African Revenue Service (SARS) has gradually clarified its classification and tax policies for cryptocurrency assets. In South Africa, cryptocurrency is considered an “asset of an intangible nature” rather than currency or physical property, resulting in unique tax treatment. This article will analyze South Africa’s cryptocurrency-related systems from the perspectives of asset classification, basic taxation system, cryptocurrency taxation system, regulatory policies, summary, and outlook, and predict future development directions.

2. Classification of Cryptocurrency Assets in South Africa

SARS considers cryptocurrency assets as valuable digital representations transmitted and stored electronically, not issued by central banks but traded, transferred, and stored electronically by individuals and legal entities for payment, investment, and other forms of intangible assets. The Intergovernmental Fintech Working Group (IFWG) reiterates that although cryptocurrencies have functions similar to money, they are not considered “currency” in the legal sense. Additionally, according to the Taxation Laws Amendment Act Explanatory Memorandum published on January 20, 2021, the term “cryptocurrency” has been replaced with “cryptocurrency asset” in the proposed unified definition within the South African regulatory framework.

3. Overview of South Africa’s Basic Taxation System

3.1 South Africa’s Tax System

Taxes are the main source of fiscal revenue in South Africa. According to the South African Constitution, South Africa operates a three-tier government tax system: national, provincial, and local governments. The national government is primarily responsible for collecting major national taxes, such as income tax and value-added tax (VAT). Provincial and local governments also have tax powers, but their taxes and tax bases are more limited. \
South Africa’s tax system primarily relies on income tax and VAT, supplemented by other taxes, including capital gains tax, corporate tax, and excise duties.

3.1.1 Income Tax

South Africa’s income tax system applies to individuals and companies, using a progressive tax rate. Personal income tax rates range from 18% to 45%, depending on income levels; income exceeding ZAR 1,657,000 is subject to the highest rate of 45%. The standard corporate income tax rate is 27%. South African residents are taxed on worldwide income, while non-residents are only taxed on income sourced within South Africa. For businesses, South Africa follows the global taxation principle, requiring tax on all income, both within and outside South Africa. Taxpayers must submit annual income tax returns and make provisional tax payments based on their income. Certain expenses and donations can be deducted when calculating taxable income, thereby reducing the tax burden.

3.1.2 Capital Gains Tax

South Africa’s capital gains tax applies to the profit derived from the sale or disposal of capital assets. Profit is defined as the net appreciation after deducting the purchase cost and other related expenses from the sale price of the asset. It applies to individuals, companies, and trusts and covers a wide range of asset types. The effective tax rate for individuals is up to 18%, for companies 22.4%, and for trusts 36%. Individuals must pay tax on capital gains worldwide, while non-residents only pay tax on capital gains derived within South Africa. Taxable assets include real estate, stocks, precious metals, art, business and investment assets, and cryptocurrencies. Individuals are entitled to an annual capital gains tax exemption of the first ZAR 40,000, and the first ZAR 2 million of capital gains from the sale of a primary residence are exempt. Taxpayers must report their capital gains in their annual income tax returns and pay the corresponding taxes.

3.1.3 Value-Added Tax (VAT)

South Africa’s VAT is levied on the value added to goods and services, applicable to nearly all goods sold and services provided in South Africa. The VAT system in South Africa is based on the VAT Act, with a standard rate of 15% applicable to most goods and services, including imports and exports. A zero rate applies to exported goods, basic food items, and certain medical services, while financial services, educational services, and public transportation are fully exempt. VAT is calculated based on the difference between output tax and input tax; if output tax exceeds input tax, businesses must pay the difference; otherwise, they may apply for a refund. VAT returns are typically filed monthly or bi-monthly, depending on the business’s annual turnover. Businesses must file returns through SARS’s electronic system and pay taxes before the deadline. SARS ensures compliance through regular audits and information sharing and imposes fines and interest on businesses that fail to report or pay taxes accurately.

4. South Africa’s Tax Policies for Cryptocurrency Assets

South Africa’s tax policies for cryptocurrency assets have gradually improved, covering individual and corporate income tax, VAT, and capital gains tax. Since 2014, SARS has been researching cryptocurrency assets and announced in 2018 that normal income tax rules apply to cryptocurrencies, requiring taxpayers to report all taxable income related to cryptocurrencies. Taxpayers who fail to report accurately will face interest and penalties. In 2021, SARS strengthened its tax measures on cryptocurrency transactions and required South African cryptocurrency exchanges to provide transaction information to ensure tax compliance. The Income Tax Act grants SARS broad powers. According to the Income Tax Act, SARS has extensive tax powers and requires third-party service providers to disclose financial information and submit financial data both locally and internationally.

As mentioned earlier, SARS classifies cryptocurrency assets as intangible assets and taxes the income generated from their holding and trading. Profits from the sale or trading of cryptocurrency assets by individuals are considered taxable income, with short-term holdings subject to ordinary income tax rates and long-term holdings subject to capital gains tax. Businesses must report the profits or losses from cryptocurrency transactions in their annual income tax returns, with the relevant income included in taxable income. Although South Africa does not impose VAT on cryptocurrency transactions, businesses that accept cryptocurrency as payment must pay VAT on their sales of goods or services. Additionally, South African residents must pay tax on worldwide cryptocurrency income, while non-residents only pay tax on cryptocurrency income derived within South Africa. SARS ensures tax compliance for cryptocurrency transactions through information sharing, audits, and inspections, imposing fines and interest on taxpayers who fail to report or pay taxes accurately. Like most countries, South Africa does not tax the purchase of cryptocurrency but taxes the sale, exchange, use of cryptocurrency for payment, and mining activities.

5. Regulatory System for Cryptocurrency Assets in South Africa

Among African countries, South Africa is one of the most cryptocurrency-friendly nations. The South African Reserve Bank (SARB), which is South Africa’s central bank, has not explicitly prohibited the use of cryptocurrencies. Individuals and businesses can buy, sell, and trade cryptocurrencies through various exchanges and platforms.

In terms of regulatory frameworks for cryptocurrency assets, South Africa has made several adjustments in recent years. In 2019, SARB released a consultation paper on cryptocurrency assets and related activities, clarifying the regulatory framework for these assets, marking the beginning of South Africa’s development of a regulatory system for cryptocurrency assets. In 2020, SARS began enforcing cryptocurrency tax policies more strictly, requiring taxpayers to report all cryptocurrency-related transactions in detail. This policy change signaled the government’s efforts to enhance tax compliance and prevent tax evasion. In June 2021, South Africa’s two largest cryptocurrency exchanges, Luno and VALR, confirmed that SARS had contacted them to provide certain customer information as required by law. In 2021, South Africa adopted the Common Reporting Standard (CRS) to combat tax evasion and money laundering involving cryptocurrency assets. In March 2023, South Africa signed the Cryptocurrency Asset Reporting Framework (CARF), which has been adopted by 48 countries and is set to be implemented by 2027. This will require South African cryptocurrency exchanges to gradually meet these reporting requirements.

Simultaneously, in terms of financial regulation, South Africa’s financial sector has undergone further reforms. Cryptocurrency asset service providers (CASPs) are now required to register and comply with anti-money laundering (AML) and counter-terrorist financing (CFT) regulations to regulate the cryptocurrency market, protect investors, and enhance market transparency. The Intergovernmental Fintech Working Group (IFWG) has outlined several risks arising from the ongoing lack of regulation of cryptocurrency assets and CASPs in South Africa, and combating tax evasion and illegal tax avoidance schemes is one of the IFWG’s goals for regulating cryptocurrency assets.

In October 2022, the Financial Sector Conduct Authority (FSCA) determined that cryptocurrency assets (referred to as “digital representations of value”) are financial products and are subject to FSCA regulation under Section 1(h) of the Financial Advisory and Intermediary Services Act (FAIS). Each cryptocurrency service provider must obtain authorization from the FSCA to operate in the sector and apply for such licenses, with existing providers required to apply by the end of 2023. Cryptocurrency exchanges must register with the FSCA and comply with specific regulatory requirements, including AML and Know Your Customer (KYC) requirements. The FSCA will be responsible for overseeing and enforcing these regulations and will require a certain level of capital and financial resources to ensure they can meet their financial obligations to clients. The FSCA has the authority to impose penalties or sanctions on cryptocurrency exchanges that do not comply with these regulations. On December 19, 2022, the Financial Intelligence Centre Act (FICA) amendment defined cryptocurrency service providers as “accountable institutions,” rendering anonymous handling of cryptocurrency in South Africa no longer legal.

South African regulators have created a balanced, proactive, and transparent regulatory environment and have worked with industry stakeholders to pave the way for the flourishing of South Africa’s cryptocurrency ecosystem. At the same time, ongoing currency devaluation and inflation have prompted many South Africans to explore alternative forms of investment and financial transactions. With cryptocurrency companies’ promotion and advertising, the decentralized and borderless nature of cryptocurrencies has attracted the attention of many South Africans. Nowadays, people can conveniently purchase cryptocurrencies using South African rand through exchanges, cryptocurrency ATMs, intermediary brokers, peer-to-peer (P2P) markets, and other channels. These factors have undoubtedly driven South Africa into the era of cryptocurrency payments.

6. Summary and Outlook of South Africa’s Crypto-Asset Tax System

Overall, South Africa’s tax policies on cryptocurrency are relatively flexible, aiming to ensure tax fairness and prevent tax evasion. Compared to some countries, South Africa has adopted a more pragmatic approach. Specifically, unlike developed countries such as the United States and the United Kingdom, South Africa emphasizes tax compliance in its cryptocurrency regulation and tax policies. It requires individuals and businesses to include cryptocurrency-related income when reporting earnings; applies capital gains tax and income tax to cryptocurrency transactions and holdings rather than value-added tax; and focuses more on preventing financial crimes and protecting investor interests rather than imposing broad restrictions or bans on cryptocurrency trading.

Despite its relatively open stance on cryptocurrency, the South African government is also aware of associated risks such as money laundering and tax evasion. By establishing a detailed tax and regulatory framework, South Africa aims to strike a balance between fostering innovation and safeguarding the financial system.

In the future, South Africa may further refine its regulatory policies on cryptocurrency, particularly in tax reporting and anti-money laundering areas. Additionally, with technological advancements, the government might explore regulatory frameworks for stablecoins and tokenized assets to keep pace with rapid developments in financial technology.

References

[1].SARS.(2023).Individual IncomeTax.Retrieved from SARS

[2].SARS.(2023).Company Income Tax.Retrieved from SARS

[3].SARS.(2023).Capital Gains Tax.Retrieved fromSARS

[4].PwC South Africa.(2023).Doing Business in South Africa.Retrieved from PwC

[5].KPMG South Africa.(2023).South Africa-Corporate-Taxes on corporate income.Retrieved from KPMG

[6].Philo, K. (2023a, December 28). South Africa’s cryptocurrency journey. ZenLedger. https://www.zenledger.io/blog/south-africa-and-cryptocurrency-regulation-navigating-the-path-to- financial-innovation/

[7].Shepherd, R. (2023, July 5). BITCOIN in South Africa: Opportunities and Challenges - SchoemanLaw Inc.https://schoemanlaw.co.za/bitcoin-in-south-africa-opportunities-and-challenges

[8].Team, C. (2023, September 12). Chainalysis: The 2023 Global Crypto Adoption Index. Chainalysis. https://www.chainalysis.com/blog/2023-global-crypto-adoption-index/

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