South Africa: Exchange control and tax dispensation for domestic treasury management companies

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

South Africa: Exchange control and tax dispensation for domestic treasury management companies

dachs.jpg

Peter Dachs

The Taxation Laws Amendment Act 2013 contains new currency rules for domestic treasury management companies. Each entity listed on the Johannesburg Stock Exchange will be entitled to establish one subsidiary to fund African and other offshore operations and which will not be subject to the exchange control restrictions generally applicable to South African companies. These domestic treasury management companies will have to be registered with the Financial Surveillance Department of the South African Reserve Bank.

From an exchange control perspective, benefits to be enjoyed by a domestic treasury management company include:

  • Transfers of up to ZAR750 million ($68 million) per annum from the parent company to the domestic treasury management company will be allowed without prior approval required. These amounts may be freely deployed to fund foreign group operations. Additional amounts will be subject to prior approval from the South African Reserve Bank;

  • Domestic treasury management companies will be allowed freely to raise and deploy capital offshore, provided these funds are without recourse to South Africa. Additional domestic capital (in excess of the ZAR750 million per annum referred to above) and guarantees will be allowed to fund foreign direct investments in accordance with the current foreign direct investment allowance;

  • Domestic treasury management companies will be allowed to operate as cash management centres for South African multinationals and cash pooling will be allowed without limitations;

  • Local income generated from cash management will be freely transferable; and

  • Domestic treasury management companies may operate foreign currency accounts as well as a rand-denominated account for operational expenses.

The rulings issued by the South African Reserve Bank in respect of domestic treasury management companies state that a domestic treasury management company should "hold African and offshore operations". However, it may not be necessary for a domestic treasury management company to hold shares in foreign subsidiaries.

From a tax perspective, the domestic treasury management company will not be taxed in respect of exchange gains or losses determined as between its functional currency and the currencies in which it operates. It should therefore be ensured that the company's treasury operations are primarily concluded in its functional currency to avoid taxable exchange gains or losses.

The proposed tax relief is therefore limited to exchange gains and losses and the domestic treasury management company would be taxable on, among other things, its interest income. However the company would be able to utilise South Africa's double tax agreements to reduce any foreign withholding taxes on such interest income.

The broad idea is therefore to allow South African listed groups to avoid having to set up an offshore treasury company and, instead, to allow such groups to utilise a South African entity to fund their offshore operations.

Peter Dachs (pdachs@ens.co.za)

ENSafrica – Taxand

Tel: +27 21 410 2500

Website: www.ens.co.za

more across site & shared bottom lb ros

More from across our site

Trump announced he will cut tariffs after India agreed to stop buying Russian oil; in other news, more than 300 delegates gathered at the OECD to discuss VAT fraud prevention
Taxpayers should support the MAP process by sharing accurate information early on and maintaining open communication with the competent authorities, the OECD also said
The Fortune 150 energy multinational is among more than 12 companies participating in the initiative, which ‘helps tax teams put generative AI to work’
The ruling excludes vacation and business development days from service PE calculations and confirms virtual services from abroad don’t count, potentially reshaping compliance for multinationals
User-friendly digital tax filing systems, transformative AI deployment, and the continued proliferation of DSTs will define 2026, writes Ascoria’s Neil Kelley
Case workers are ‘still not great’ but are making fewer enquiries, making the right decision more often and are more open to calls, ITR has heard
There is a shocking discrepancy between professional services firms’ parental leave packages. Those that fail to get with the times risk losing out in the war for talent
Winston Taylor is expected to launch in May 2026 with more than 1,400 lawyers across the US, UK, Europe, Latin America and the Middle East
They are alleging that leaked tax information ‘unfairly tarnished’ their business operations; in other news, Davis Polk and Eversheds Sutherland made key tax hires
Overall revenues for the combined UK and Swiss firm inched up 2% to £3.6 billion despite a ‘challenging market’
Gift this article