Notices > Returns of Information to be Submitted by Third Parties in terms of Section 26 of the Tax Administration Act, 2011 (Act No. 28 of 2011) > 2. Persons required to submit third party returns

The following persons are required to submit a return as specified in paragraph 3:

2.1	Banks regulated by the Registrar of Banks in terms of the Banks Act, 1990, or the Mutual Banks Act, 1993, excluding any branch of a bank as defined in section 1 of the Banks Act, 1990;

2.2	Co-operative Banks regulated by the Co-operative Banks Development Agency in terms of the Co-operative Banks Act, 2007;

2.3	The South African Postbank Limited (Postbank) regulated in terms of the South African Post Bank Limited Act, 2010;

2.4	Financial institutions regulated by the Financial Sector Conduct Authority or the Prudential Authority, as defined in the Financial Sector Regulation Act, 2017, whether in terms of that Act or any other Act;

2.5	Companies listed on any exchange licensed under the Financial Markets Act, 2012, and connected persons in relation to those companies, that issue bonds, debentures or other interest bearing instruments;

2.6	State-owned companies, as defined in section 1 of the Companies Act, 2008, that issue bonds, debentures or other interest bearing instruments;

2.7	Organs of state, as defined in section 239 of the Constitution of the Republic of South Africa, 1996, that issue bonds or other interest bearing instruments;

2.8	A person (including a co-operative as defined in section 1 of the Income Tax Act) that purchases any livestock, produce, timber, ore, mineral or precious stones from a primary producer other than on a retail basis;

2.9	A medical scheme registered under section 24(1) of the Medical Schemes Act, 1998;

2.10	A person, who for their own account carries on business as a property practitioner as defined in the Property Practitioners Act, 2019, and who pays to, or receives on behalf of a third party, any amount in respect of—

2.10.1

an investment;

2.10.2

interest; or

2.10.3

the rental of property;

2.11	A person, who for their own account practises as an attorney as defined in section 1 of the Attorneys Act, 1979, and who pays to or receives on behalf of a third party any amount in respect of—

2.11.1

an investment;

2.11.2

interest; or

2.11.3

the rental of property;

2.12	A person liable to pay withholding tax on interest in terms of section 50F(2) of the Income Tax Act;

2.13	A person referred to in paragraph 2 of the Regulations issued in terms of section 12T(8) of the Income Tax Act, and that issued a financial instrument or policy in respect of a tax free investment;

2.14	A person referred to in section 18A(1)(a) to (c) of the Income Tax Act, that issued a receipt in terms of section 18A(2) of the Act;

2.15	A “trust” as defined in section 1 of the Income Tax Act, that is a “resident” as defined in that section, or a non-resident that is required to submit an annual income tax return, excluding―

2.15.1

a Collective Investment Scheme as defined in the Collective Investment Schemes Control Act, 2002, a “portfolio of a collective investment scheme” and any “portfolio of a hedge fund collective investment scheme”; and

2.15.2

an Employment Share Incentive Scheme Trust.