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Tax Administration Act, 2011 (Act No. 28 of 2011)


Duty to Keep the Records, Books of Account or Documents in Terms of Section 29 of the Tax Administration Act, 2011 (Act No. 28 of 2011)

3. Records, books of account or documents to be kept in respect of structure and operations


A person referred to in paragraph 2 must keep the following records:

(a) A description of the person’s ownership structure, with details of shares or ownership interest in excess of 10 per cent held by the person or therein by other persons as well as a description of all foreign connected persons with which that person is transacting and the details of the nature of the connection;
(b) The name, address of the principal office, legal form and jurisdiction of tax residence of each of the connected persons with which a potentially affected transaction has been entered into by the person; and
(c) The person's business operation summary, including—
(i) a description of the business (including the type of business, details of the specific business and external market conditions) and the plans for the principal trading operations (including the business strategy);
(ii) an organogram showing the title and location of the senior management team members;
(iii) major economic and legal issues affecting the profitability of the person and the industry;
(iv) a description of any business restructurings or intangibles transfers that the person has been affected by or involved in;
(v) the person’s market share within the industry, analysis of relevant market competition environment and key competitors;
(vi) the key value drivers identified by available industry research findings or reports;
(vii) industry policy or industry incentives or restrictions affecting the person’s business;
(viii) the role of the person, as well as the connected persons referred to in subparagraph (b), in the group’s supply chain.