Cash Award
Jump to
Taxation of Employee - Cash Award

Taxed at payment.

Taxable amount is amount of the cash payment.

Sub Deduction - Cash Award

Generally, yes, provided subsidiary bears the cost of award (whether by paying the award directly to the employee or by reimbursing parent pursuant to a written agreement if parent makes payment).

However, subject to exchange control approval (which is unlikely).

Withholding and Reporting - Cash Award

Income Tax:
Yes. Local subsidiary must obtain directive from South African Revenue Service to determine appropriate withholding amount prior to withholding for each taxable event.

Social Insurance Contributions:
Yes, for both the employee and employer unless ceiling met. Employer has to withhold employee's contributions.

Employer also must pay uncapped skills development levy on income.

Securities Restrictions - Cash Award

None.

Alternatively, an employee share scheme exemption from prospectus requirements is available, provided certain requirements are met, including appointing a "compliance officer," providing certain written disclosures to employees and filing certain "registration" documents and an annual report with the South African Companies and Intellectual Property Commission.

Please contact Baker McKenzie for more information.

Exchange Controls - Cash Award

None.

Plan Entitlement - Cash Award

Awards paid in cash through local payroll generally have increased plan entitlement risks as well as other increased labor law risks, such as the need to include amount in termination indemnities, etc.

Data Privacy - Cash Award

Written consent from employees for transfer of personal data is required.