Public Officer

In terms of the provisions of section 101 of the Income Tax Act No 58 of 1962 as amended the management of a corporate entity is obliged to appoint a public officer who will be responsible for attending to the tax affairs of the company.

The duties and responsibilities of the public officer include the following:

• Attending to all the income tax affairs of the corporate entity, including the submission of tax returns in the prescribed form, answering any questions or providing explanations which may be required to determine the tax liability of the corporate entity, the payment of taxes on behalf of the corporate entity as provided for in the main act as well as the Fourth Schedule of the said act.
  
  
• The making of a declaration of any dividends declared by the corporate entity in the prescribed form and the payment of Secondary Tax on Companies which become payable as a result of such dividend declaration.
  The registration of the corporate entity as an employer, should the corporate entity become an employee in terms of the definition of an employer in the Fourth Schedule of the Income Tax Act.
  
  
• The payment of stamp duty in terms of the Stamp Duty Act No. 77 of 1968 as amended.
  
  
• The registration as a vendor when the corporate entity becomes a vendor in terms of the definition of a vendor as defined in the Value Added Tax Act No. 89 of 1991 as amended.
  
  
• The payment to SARS of the Withholding Tax of on Royalties where royalties are paid to a person who is not a Republic of South Africa taxpayer.