General subject related
South Africa has updated its VAT framework for electronically supplied services through Regulations No. 5993 (14 March 2025), significantly impacting foreign digital service providers.
Important Changes:
- B2B Supplies:
Foreign suppliers selling exclusively to VAT-registered South African businesses are no longer required to register for VAT in South Africa. - B2C Supplies:
VAT registration remains mandatory for foreign suppliers selling to non-VAT-registered customers (e.g., individuals, small businesses, educational institutions). - Mixed B2B and B2C Supplies:
Suppliers making both B2B and B2C sales must register for VAT if the combined turnover exceeds the threshold. VAT applies to both supply types. - Intergroup Supplies:
These are excluded from VAT if: - The foreign supplier is non-established in South Africa.
- The recipient is part of the same corporate group.
- The digital service is exclusively developed for the South African entity’s use.
These changes simplify compliance for foreign digital businesses with B2B-only models but maintain strict rules for B2C and mixed suppliers. The regulation also recognizes intra-group innovation efforts, reducing VAT burdens for corporate structures. Overall, this reform modernizes VAT obligations in line with digital economy practices while protecting the South African tax base.
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