The business of producing toilet paper has been recognised as one of the fastest developing assembling commercial initiatives in Africa.
Toilet paper is used in our homes, work places, schools, hotels, restaurants, shops, maternity homes, hospitals, churches, clubs and many others. It can be used in various other ways such as cleaning up messes and decoration.
The difference between toilet paper and other tissues is that it is created to breakdown in septic tanks and other tissues don’t necessarily do this.
To start and run a business, it is not enough just to have a good, viable idea. You also need to have the right skills, attitude and personality to make the enterprise succeed.
Benefits of starting a toilet paper production business
- It has a simple production procedures
- There are not many product offerings or varieties
- Simple organisational involved
- High interest on the product
- Easy to market
- Product is a primary necessity in society.
Possible challenges of starting a toilet paper production business
- The biggest constraint will be the insufficient amount of planted trees. This will affect you as this is where you will harvest your raw materials from. This can result in a reduction of plantation productivity. According to the Paper Manufacturers Association of South Africa 60% of all plantation trees are planted and grown especially for pulp and paper production.
- You will need to apply for water permits to meet the terms of the regulatory framework managing water usage. This is a long and difficult process and can limit you from achieving profitable operations.
- Transport, labour and licence costs will have a negative impact on your ability to competitively trade. You will need to apply cost control measures to remain competitive.
Did you know?
- In an average public bathroom, it takes 71 separate visits to finish a single roll of toilet paper.
Financing your venture
It’s most likely that you will need finance when setting up a toilet roll production business. The toilet roll production equipment is available in South Africa and ranges for a single machine from R175 000 for the bottom end of the range model to R500 000 for a fully automated machine.
Manufacturing plants are also very large in size which means financing it will be quite expensive. You should use your capital to purchase the equipment you’ll need. Try and save money by buying economical but high quality equipment. Once you have all your equipment find a premise that will accommodate all of it. Once that is completed then contact stores and potential clients.
You can save money by renting or buying an inexpensive lot for your toilet paper business. You could even start in a smaller building and when you have increased your funds, upgrade your facilities into a bigger space. Make sure to take all of the costs into account when trying to finance your toilet paper business.
You’ll have to include raw material required to make the rolls. These are supplied in jumbo tissue rolls and cost from R6 600 per ton. You will also have to take into account staff.
Zhauns, a supplier of business opportunity machinery supports BEE by offering a variety of empowering programs for street vendors, unemployed and disadvantaged groups through consortiums, local and international joint ventures and has financial links which assist entrepreneurs in need of funding.
A start-up would need two-five people operate a small business of this kind. It takes about three months to set up the business and to properly train staff to operate machinery”. Zhauns offer free training when they install equipment purchased through them.
We recommend you read Government Funding and Grants for Small Businesses.
Planning is always your starting point when starting a new business. There are several techniques you can use for your planning process. You can use ready and existing techniques and plans or you can use innovative techniques which will make your toilet paper business more unique.
Focus on the specifics of what you will need for your toilet paper business such as equipment, employees, property and raw materials. Making errors during the planning phase is normal. After your plan is finalised it should be flexible enough that you can add changes.
In this industry you are not just competing with local manufacturers. When you become a toilet paper business owner you have to figure out how you’re going to compete with different international manufacturers.
Speak to owners of similar businesses
The best source of information you can find about an area of business, is other toilet paper business owners. They will tell you in practical terms whether your ideas are feasible or not.
To locate similar businesses which can give you advice on any aspect of their toilet paper business, contact your local Chamber of Commerce. Shereen Crowie of Curviro Trading says: “It’s a commodity with no age restriction and no seasonal production demands.”
For support and guidance
If you are going to be a toilet paper business owner you need to have business skills, even more so than technical skills about your product or service. This means you have to understand finance.
You need to know how much your idea is going to cost you, whether it will make enough money to pay back these costs and make enough in addition to satisfy your requirements.
The DTI (Department of Trade and Industry) recognises that support in the form of advice from specialist organisations is vital and the offer support groups to SME businesses.
One such arm is Khula Enterprise Finance which is a wholesale finance institution that has well-developed ties in the public and private sectors.
Through these channels – which include commercial banks, retail financial institutions, specialist funds and joint ventures they play an effective role in order to bridge finance gaps that are not addressed by commercial financial institutions in the small business sector.
Did you know?
- People use on average 8.6 sheets per trip, which is a total of 57 sheets per day. That’s an annual total of 20,805 sheets.
It is recommended to get training when joining the toilet paper business industry. There are many essential practical skills which you will need when starting a toilet paper business.
There are courses offered by universities which will help improve your skills and understanding of the technology involved. You can alternatively get training from current experts in this field.
You can apply for internships at factories and get first-hand experience. If this is your plan of action make sure to take very detailed notes about all the process involved.
Draw up a business plan
Business plans are essential for businesses from when they start out to years later when your businesses has evolved and improved.
It becomes a guide for you and your employees to track whether your business has gone off course from the core of quality production. Experts can be hired to help you draw up a toilet paper business plan for a fee.
Business plans can be used to organise everything from your marketing strategy to the strengths and weaknesses of your business. It will help your toilet paper business keep clear objectives as well as making your priorities recognisable. Milestones recorded in your toilet paper business plan will help you follow your progress.
We recommend: Business Plan Examples to Get You Going
Choose a good location in an industrial area for your toilet paper business. It’s recommended that you get a realtor, since they are the experts in their field.
They will advise you on which buildings are better for your toilet paper business and which ones would be unsuitable. Make enough time to view each property before purchasing or renting it. Your toilet paper business can’t be in a residential area.
Types of Machinery
You will need to buy or rent the necessary equipment with the finances you have. Some of the machinery that you need to get going with your toilet paper business is:
- Core making cutting machine – This produces the brown cardboard core that the tissue is wrapped around.
- Jumbo reel winding machine– This winds the tissue paper from the jumbo reels to the cardboard core. It will automatically stop at a programmed size.
- Embossment attachments or embossing machines – Embossments are the prints on the surface of the tissue and the tissue roll can either be plain or embossed.
- Band saw cutting machine – this cuts the paper into the right side.
- Other machinery requirements:
- Generator for power outages
- Auxiliary equipment
- Transportation – its optional but can be essential.
This type of business will require trained employees. It would be a definite advantage if you hired experienced operators or people experienced in similar industries. This will allow you to hit the ground running instead of slowly training your staff from scratch.
Hiring inexperienced people can also cause a decline in the quality of your production as well as a decline in the level of your toilet paper businesses productivity.
Once production has started you will need to come up with various ways of distributing your product. Since your brand is new, you will most likely have to do a demanding marketing drive so that customers know who you are.
Customers won’t buy your brand if they don’t know who you are. Advertising consultants can help your toilet paper business with effective strategies which will help increase sales.
Which works better buying machinery first or getting orders before buying equipment?
Look at your market before spending the money. It is good business practice to establish if there is a market for your product before buying expensive equipment. For this reason, it is vital to do research and to prepare a business plan.
Renting manufacturing equipment for this purpose may be a solution. Once the toilet paper business is up and running you can then consider buying your own machines.
Buying outright can result in a huge drain on cash in the first year of your toilet paper business.
Did you know?
- In South Africa a family of four uses approximately one toilet roll every 1.5 days
Example of innovative thinking
Chandaria Industries operates out of Kenya and Tanzania. They sell their products in 15 African countries. What sets them apart from their competitors is they make their recycled toilet paper from used paper.
What innovative thinking does for them, their communities and their country:
- They are making money from recycling
- They are transforming waste into a necessity
- They are now a source of national wealth
- They provide employment for many thousands of people
Just the used paper recycling activities creates nearly 20 000 jobs. By doing this they have saved over 30 million trees since they started in 1964. They still have more room to grow, saying that they don’t get as much used paper as they need.
Toilet paper will always be a necessity in people’s lives. Where your toilet paper business can grow to:
- Custom toilet paper – creating toilet paper with personalised images or custom images
- Various sizes – You could expand your toilet paper business into various other toilet paper sizes and thicknesses
- Various tissue paper opportunities – You can expand your business into the tissue paper manufacturing business
Paper Manufacturers Association of South Africa (Pamsa) executive director, Jane Molony says that the pulp and paper industry’s is continuing to grow and make profits because of their energy-saving initiatives. Molony also says that the value of the pulp and paper industry (excluding forests and recycling) in 2014 was around R27.8 billion. Tissue paper achieved a yearly turnover of R2.5 billion in 2014 which is a yearly growth of 2.7% since 2009.
We recommend: Free SWOT Analysis Template
This industry has large growth potential and is a great business opportunity. Toilet paper has become a basic need all across the world. It can’t be recycled so there is always need for more. Every single person on the planet uses it on a daily basis. Why shouldn’t you be the one making it and selling it to them?
Free Payslip And Contract Of Employment Template Download
Download your free payslip and contract of employment here to get you started in the right direction.
In your downloads you will find the following resources below:
- A free payslip template with formula on how to calculate tax (PAYE), UIF, etc for a start-up business.
- A standard contract of employment (template) that complies with all the relevant laws.
The payslip template is merely an example and should you need to have anything checked in terms of your remuneration structure, we can put them in contact with our remuneration specialists in Johannesburg, Tax Consulting.
Download your payslip template here.
Similarly, the permanent contract of employment should be read carefully and changes should be made in line with the offer of employment and the company policies and procedures. Please note the template provided is for a permanent placement.
Download your contract of employment template here.
How Do I Become B-BBEE Compliant?
BEE (B-BBEE) is an important part of doing business in South Africa so its best that you understand every aspect about it. Use this comprehensive guide to ensure your business is compliant and performing at its best.
Content in this guide
- What Is Black Economic empowerment (BEE)
- Why Is BEE Referred To As B-BBEE?
- Who Must Comply With BEE?
- How To Qualify For BEE
- Understanding What Each Pillar Means
- What Are Codes Of Good Practice For Broad-Based Black Economic Empowerment?
- Levels (Of Compliance)
- What Is SANAS?
- Rating Process
- What To Look For In A B-BBEE Partner
What is Black Economic empowerment (BEE)
Black Economic Empowerment (BEE) is a government initiative aimed at increasing equity and uplifting black business owners, stakeholders and employees. The government refers to BEE as ‘positive discrimination’.
BEE is the process by which previously disadvantaged South Africans have been empowered through the transfer of ownership. Compliance with BEE principles are regulated by Codes, which provide details on how BEE should be implemented.
Why is BEE referred to as BBBEE?
When Black Employment Equity (BEE) was first implemented in the nineties, there was no coherent strategy towards its implementation. When the South African Government gazetted updated Codes of Good Practice at the beginning of 2007, it made the implementation of Black Economic Empowerment (BEE) a legal reality.
Even though most think of Black Employment Equity as BEE, as the process was refined, its name changed to Broad-Based Black Employment Equity (B-BBEE) in order to encompass not just Blacks, but Coloured, Indians and the Chinese populations of South Africa.
Related: What Is BBBEE?
Who Must Comply with BEE?
Size is relevant in determining the levels of B-BBEE compliance. All organs of state, public entities and any private enterprise that undertakes business with a public entity must implement the Codes.
Any business providing goods or services to another business that is subject to BEE (B-BBEE) compliance may also need to provide evidence of its own BEE (B-BBEE) compliance.
The size of your business is significant in determining the required levels of BEE (B-BBEE) compliance. The Codes provide for three levels of compliance based on the size of your business:
- Exempted Micro Enterprises (EMEs), which are businesses with an annual turnover of less than R10 million. This is a new amendment, EMEs were previously businesses with an annual turnover of less than R300 000 and less than five staff members.
- Qualifying Small Enterprises (QSEs), which are businesses with an annual turnover of between R10 to R50 million.
- Medium to large enterprises (M&Ls), which are businesses with an annual turnover of more than R50 million.
Advantages of BEE compliance
- Allows participation in the formal South African economy
- Companies will favour you as a client, particularly those aiming to acquire at least 50% of annual procurement from companies with BEE (B-BBEE) certificates.
- Able to bid for Government tenders, apply for licences, get permits and are favourably considered for procurements by the Public Sector and all BEE (B-BBEE) verified enterprises.
- Have access to tax incentives and financial grants, specifically aimed at the BEE (B-BBEE) programme.
- Avoid long questionnaires relating to BEE (B-BBEE) when tendering for a contract.
Legislation Governing B-BBEE
There are three important pieces of legislation that control B-BBEE, namely:
Employment Equity Act (1998)
The Employment Equity Act applies to black people, all women and disabled people, in addition, stipulates the requirements for affirmative action to ensure that qualified people from these groups are equitably represented in all occupational categories and levels of a company.
The Act is binding on any business that employs 50 or more staff, or that has an annual turnover of more than R2 million to R25 million (depending on the industry in which you operate).
Skills Development Act (1998) and Skills Development Levy Act (1999)
These provide a framework for improving the skills and employment prospects of black people.
These Acts also make it compulsory for certain employers to contribute a percentage of their payroll (known as the Skills Development Levy) to a fund that can be used to train staff. The current generic B-BBEE scorecard awards points for skills development, but only for that which is over and above the payment of this levy.
Preferential Procurement Policy Framework Act (2000)
This allows any State entity to give preference to black people when awarding contracts. It also aims to boost SME development, create new jobs and promote local enterprises in specific provinces. Currently, the regulations of this Act are based largely on ownership, but this is likely to be revised in order to align it with the B-BBEE Act and Codes.
Related: The 5 Elements Of BBBEE
How to Qualify For BEE (B-BBEE)
There are four steps you’ll need to take to ensure you qualify for BEE (B-BBEE), including:
Step 1 – Select Your Company’s Annual Turnover
The size of your business is significant in determining the required levels of BEE (B-BBEE) compliance. The Codes provide for three levels of compliance based on the size of your business:
Exempted Micro Enterprises (EMEs), which are businesses with an annual turnover of less than R10 million. This is a new amendment, EMEs were previously businesses with an annual turnover of less than R300 000 and less than five staff members.
Qualifying Small Enterprises (QSEs), which are businesses with an annual turnover between R10 to R50 million.
Medium to large enterprises (M&Ls), are businesses with an annual turnover of more than R50 million.
Step 2 – Match the Turnover to the Scorecard
EMEs are exempt. However, these businesses will automatically receive a level associated with its percentage of black ownership, such as:
|Black ownership||BEE (B-BBEE) Status Level||Procurement Recognition|
|100% Black Owned EME||Level 1||135%|
|>50% Black Owned EME||Level 2||125%|
|<50% Black Owned EME||Level 4||100%|
The annual turnover must be verified by an accredited accountant, auditor or rating agency.
QSE’s used to be able to choose four out of the seven BEE Scorecard elements to score their points. However, from 2014, QSEs must comply with all 5 elements of the revised BEE (B-BBEE) Scorecard to score their points.
M&L must comply with all 5 elements of the revised BEE (B-BBEE) Scorecard to score their points.
Step 3 – Determine the Number of Pillars Required For Your Scorecard
The five pillars of B-BBEE are:
- Ownership (Direct empowerment)
- Management Control (Indirect empowerment)
- Skills Development
- Enterprise Development
- Socio-Economic Development.
Step 4 – Select the Pillars For Your Scorecard
Each of the pillars is worth a certain ‘weight’ in its contribution to B-BBEE compliance. The pillars contribute to overall compliance as follows:
- Ownership 25%
- Management 19%
- Skills Development 20%
- Enterprise Development 40%
- Socio-Economic Development 5%.
Ownership, skills development and enterprise development are now considered priority pillars and a minimum of 40% compliance is mandatory, in order to achieve level 1 B-BBEE.
Understanding What Each Pillar Means
It is important to understand the requirements of each pillar.
Ownership (counts 25 points)
When determining the level of black ownership, a business will score points based on the
- The extent to which black people can influence the strategic direction of the business through their shareholding
- The current net value of their shares
- The amount of profit (percentage of each Rand) that accrues to all of these black shareholders.
- Whether these shares are paid for in full, or will be within 10 years or less.
- Bonus points are awarded if any of the black shareholders are new entrants (who have not previously benefited from a B-BBEE deal)
Management (counts 19 points)
This refers to the proportion of black people who control the direction of the business as well as those in top management who control day-to-day operations.
Skills Development (counts 20 points)
Skills development measures a business’s investment in the training and development of black employees. Only specific types of learning programmes and learnerships qualify when claiming points on the skills development scorecard.
Enterprise Development (counts 40 points)
If the business offers support programmes, then you can claim points on the scorecard. For example, if you donate a vehicle to one of your black company drivers so that he or she can start a delivery company, you qualify.
Socio-Economic Development (counts 5 points)
Companies that spend at least 1% of net profits after tax (NPAT) on Social-Economic Development (SED) are eligible for 5 points under this pillar.
Social-Economic Development (SED), however, is not Corporate Social Investment (CSI). SED’s criteria demands that those being assisted gain long-term access to the economy and receive a lasting benefit. According to the definition in the legislature, any initiative should “facilitate income-generating activities”.
What Are Codes of Good Practice For Broad-Based Black Economic Empowerment (B-BBEE)?
The Codes of Good Practice refers to options that businesses can use in order to evaluate and track their B-BBEE efforts. Within the new B-BBEE regulations companies must meet specific targets. The codes are there to guide businesses into receiving an accurate rating, which it can include on the company profile.
The Codes of Good Practice are legally binding on all state and state-owned entities. These businesses have 10 years to reach this target, which means government will have to use the Codes to measure its B-BBEE compliance when choosing suppliers, granting licences or making concessions. The cascade effect of this focus on B-BBEE compliant companies is that non-compliant businesses will find it hard to grow or maintain their level of business success within South Africa.
On the other hand, private companies will also need to apply the codes if they want to do business with any government enterprise – in order to tender for business, apply for licences and concessions, enter into public-private partnerships or buy state-owned assets.
The Act is broken up into nine Subsections.
- Code 000: Framework for Measuring Broad-Based Black Economic Empowerment
- Code 100: Measurement of the Ownership Element
- Code 200: Measurement of the Management Control Element
- Code 300: Measurement of the Employment Element
- Code 400: Measurement of the Skills Development Element
- Code 500: Measurement of the Preferential Procurement Element
- Code 600: Measurement of the Enterprise Development Element
- Code 700: Measurement of the Socio-Economic Development Element
- Code 800: Measurement of Qualifying Small Enterprises.
Sector Codes Are an Extension of Codes of Good Practice
Companies must also be aware of Sector Codes, which are an extension of the Codes, but apply within a specified industry sector only. For example, there is a Construction Sector Code (a new draft to appear in 2017), a Property Sector Code, Financial Sector Code and Tourism Sector Code. Sector codes are industry-specific interventions and measures driven by major stakeholders in industries where the codes are developed.
Levels (Of Compliance)
|B-BBEE Contribution Level||“Old”
|B-BBEE Procurement Recognition Level|
|1||≥100 points||≥100 points||135%|
|2||≥ 85 but < 100||≥ 95 but < 100||125%|
|3||≥ 75 but < 85||≥ 90 but < 95||110%|
|4||≥ 65 but < 75||≥ 80 but < 90||100%|
|5||≥ 55 but < 65||≥ 75 but < 80||80%|
|6||≥ 45 but < 55||≥ 70 but < 75||60%|
|7||≥ 40 but <45||≥ 55 but <70||50%|
|8||≥ 30 but < 40||≥ 40 but < 55||10%|
|Non-Compliant||< 30||< 40||0%|
Customers (public and private) will prefer to interact and procure from companies with higher B-BBEE status (for its own recognition), level 1 being the ultimate goal. These are the current B-BBEE status levels:
What Is SANAS?
The South African National Accreditation System (SANAS) is recognised by the South African Government as the single National Accreditation Body that gives formal B-BBEE recognition. A B-BBEE Certificate can be issued by any Verification Agency so long as they are approved to do so by SANAS. The Certificate can only be issued once a full verification has been performed and the documentation presented by your company has been verified. SANAS certificates are a formal recognition that an organisation is competent to perform specific tasks.
Ratings Agencies must perform the assessments strictly according to the guidelines set out by the Department of Trade and Industry (DTI). On successful completion it will issue a certificate with the Level (1-9) of BEE (B-BBEE) compliance appropriate to your enterprise.
- A certificate will be issued, which is relevant to all companies requesting it.
- B-BBEE must be validated by a SANAS accredited verification agency.
- Self-accreditation is no longer recognised or accepted.
B-BBEE Rating Process
The rating process only applies to QSEs and M&L’s:
Step 1: Application, Approval and Payment
- Measured Entity (ME) requests an Application Form
- Client Manager sends Application Form to ME
- ME completes and returns Application Form to Client Manager
- Client Manager sends Application Form to Verifications Manager
- Verifications Manager reviews and approves application against prescribed criteria.
- Client Manager sends Quotation and/or Invoice to ME.
- ME approves quote and pays commitment fee (65% of quoted/Invoiced amount).
Step 2: Pre-site Visit and Legal Processes
- Client Manager prepares and sends SLA and other contracts for signature by ME
- Lead Analyst visits ME for a briefing, to explain the verification process and to agree on Verification Plan, Team and deadlines.
- ME prepares all required documents and sends them to Client Manager.
- Client Manager signs-off Document Register acknowledging receipt and hands documents over to Lead Analyst.
Step 3: Analysis, Site visit, Reporting and Certification
- Lead Analyst performs a basic analysis and measures entity against scorecard.
- Lead Analyst visits ME on site for Verification as agreed on Verification Plan.
- Lead Analyst prepares Verification Report and Recommendation for Verifications Manager.
- Verifications Manager performs Vertical Assessment and Quality Assurance on report and then approves recommendation report.
- Client Manager sends Verification Report and Rating to ME for approval.
- ME approves Verification Report and Rating.
- Verifications Manager issues a Rating Certificate and Final Report.
- Client Manager sends Rating Certificate and Final Report to ME.
Who Should Manage B-BBEE Processes In a Business?
The best way to structure the management process is as follows:
- Chief Executive Officer – Ownership and Management Control
- Chief Financial Officer – Preferential Procurement and Enterprise Development
- Employment Equity Committee – Socio-economic Development, Skills Development and Employment Equity.
The Employment Equity Committee needs training, as they are likely to have limited experience in making strategic recommendations to the CEO on these issues. The CEO should sit in the Employment Equity Committee along with someone with HR experience.
Did You Know?
Unlike State-owned entities, private companies are free to develop their own procurement policies, which may include different criteria and different weightings to that of the generic B-BBEE scorecard.
What to Look For In a B-BBEE Partner
When looking for a new partner, specifically for B-BBEE, companies arguably rush through the process. This could leave your business open to having two unaligned partners at the top, trying to force the business into opposite directions, thinking that they each know what’s right for the company.
Every successful business partnership needs three things:
- Someone who can add value to your business
- Operate in a growing industry
- Bringing additional finances or resources to the table.
A good partnership won’t happen overnight; it could take you up to 18 months to work out the details with your new B-BBEE partner. So, using it as an eleventh-hour attempt to save your business or when there’s a big tender on the line, might not work out for you.
To be successful, it’s better to go into this process with the right motives. A great B-BBEE partnership is mutually beneficial and based on growth potential for all involved.
Align Vision and Values
Partner with someone who shares your vision and values in business. Both partners need to be clear on their roles within the business and what they will need to contribute towards the business. Like all great partnerships, a B-BBEE partnership is also built on alignment.
You want a partner who will bring critical skills, experience, knowledge or maybe resources to the table. Having a partner who is only fronting can damage your business’ reputation. Fronting is when you have a partner in name only in order to qualify for a higher B-BBEE level.
Searching For the Right Partner
Networking in the wrong environment can be detrimental, just like networking in the right environment can be advantageous to you and your business.
Ask people you trust for advice or if they know someone who is compatible with you and your work style. You’ll need to approach this as a long-term endeavour as it takes time to find the right person.
Once you’ve found your new partner, structure the best deal possible through a top notch legal team. This will protect both parties if the partnership doesn’t work out. Include roles and responsibilities within the contract, so everyone is accountable, and knows what will result should the endeavour fail.
What You Need To Know About Sole Proprietor vs. Independent Contractor
South African tax specialist, Kobus Muller of Muller Accountants, breaks down sole proprietors vs. independent contractors to assist you with doing business in South Africa.
When considering Sole Proprietorship versus Independent Contractorship – you need to be asking yourself the following questions:
1. Is there a difference between a Sole Proprietor and an Independent Contractor, with regards to how a Company deals with such a person who works on a specific project as far as contracts and SARS are concerned?
2. An IRP5 must be issued to an Independent Contractor (Code 3616 – Income); does this apply to a Sole Proprietor as well?
3. Also is there a difference in the types of expenses that these two “entities” can claim on their tax returns?
To answer these questions, the term sole proprietor and independent contractor must be understood.
We recommend: Don’t Forget to Claim Qualifying Tax Deductions
For South African Income Tax purposes the following apply:
A sole proprietor
A sole proprietor, also known as the sole trader is a type of business entity that is owned and run by one natural person and in which there is no legal distinction between the owner and the business. The owner is in direct control of all elements and is legally accountable for the finances of such business and this may include debts, loans, loss etc.
The owner receives all profits of the business and has unlimited responsibility for all losses and debts. Every asset of the business is owned by the proprietor and all debts of the business are the proprietor’s.
The sole proprietor is taxed on his/her profit (Income less tax deductable expenses) at the applicable tax rate for individuals.
For SARS’s’ purposes an independent contractor is someone that renders a service to another company, employer and who;
- employs three or more full-time employees, who are not connected persons in relation to him or her ( family members ect) and are engaged in his or her business throughout the particular tax year
- does not have to performed his/her service mainly at the premises of the client and
- is not subject to the control of any other person as to the manner in which the worker’s duties are or will be performed, or as to the hours of work.
It these three conditions are not met such an independent contractor is deemed not to be an independent contractor and the amount so received by him or her, will be treated as a “salary” from which employees tax must be deducted. This “independent contractor” might be a Close Corporation, Company or a Trust, which differs from the sole proprietor.
If the above conditions are not met that CC, Pty or Trust will be taxed as an employee. When this applies and employee’s tax is not deducted, SARS will hold the company that pays such persons “salary” responsible to pay the employees tax to SARS
Answer to question 1
For such a project, if the independent contractor met the above conditions there will not be a difference between how you treat the sole proprietor/independent contractor who is conducting the work.
The sole proprietor/Independent contractor must supply you with an invoice to enable you to do the remittance.
If such a person’s turnover is more than R 1m per annum a Tax invoice (VAT) must be issued to you.
Answer to question 2
If the sole proprietor and/or the independent contractor does not meet the above three conditions an IRP5 have to be issued.
Answer to question 3
If the independent contractor or the sole proprietor meets the conditions above they can claim the same types of tax deductable expenses from their income and is taxed on the net profit (total income less deductable expenses).
We recommend: Do You Know Your Taxpayer Rights?
It is advisable to get an affidavit from a person that do the work that he/she meets the conditions above. This will saves a lot of headache when SARS should levy penalties, because you have not deducted employee’s tax for the Independent contractor.
You will notice reference is made to tax deductable expenses. It is very important to know that not all expenses are tax deductable
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