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What documentation is required to register a body corporate for income tax?

23 February 2015   (1 Comments)
Posted by: Author: SAIT Technical
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Author: SAIT Technical

Q: What documents are required to register a body corporate for income tax?

I need to know who should act as the registered representative person on behalf of the body corporate and what documents SARS will accept as proof when doing the income tax registration.

A: In our view the body corporate must complete the company registration form IT77c to register for income tax and submit it at the local SARS branch (See IN 64 at 5.1.). The section 10(1)(e) of the Income Tax Act exemption for body corporate levies and partial exemption for non-levy income.

In our view the body corporate would have to nominate three members to represent the body corporate as required on the IT77c and one of them or another member should be appointed the public officer who becomes liable to SARS to ensure the body corporate complies with the tax Acts. The members and public officer would have to submit copies of their ID and the public officer should also provide proof of residential address not older than 3 months. It is noted on the form which documents should be submitted by body corporates but we are of the view this would include a copy of the body corporate rules and the approved sectional title plan with the sectional plan number on it.

Disclaimer: Nothing in this query and answer should be construed as constituting tax advice or a tax opinion. An expert should be consulted for advice based on the facts and circumstances of each transaction/case. Even though great care has been taken to ensure the accuracy of the answer, SAIT do not accept any responsibility for consequences of decisions taken based on this query and answer. It remains your own responsibility to consult the relevant primary resources when taking a decision.


Adelaide Kekana says...
Posted 29 October 2015
Is it compulsory for a Body Corporate to register for Income tax?


Section 240A of the Tax Administration Act, 2011 (as amended) requires that all tax practitioners register with a recognized controlling body before 1 July 2013. It is a criminal offense to not register with both a recognized controlling body and SARS.


The Act requires that a minimum academic and practical requirments be set to register with a controlling body. Click here for the minimum requirements of SAIT.

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