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South Africa VAT on digital services by non-residents update

Fiscal representation requirement for foreign providers of electronic services withdrawn

The South African 2024 budget has proposed removing the fiscal representative requirement of non-resident providers of digital or electronic services to consumers. This obligation to appoint a local agent, who shares their foreign clients South African VAT liabilities, is widely seen as an impediment to the provision of low-cost services to the public.  The authorities will retain the right to impose this obligation still on a case-by-case situation.

April 2023 update to VAT compliance rules for foreign providers of digital services

South African Revenue Service (SARS) has introduced simplifications for foreign suppliers of electronic services and Foreign Intermediaries, by introducing an exception when calculating the R1 million threshold. The exception being, if a non-resident of electronic services or a Foreign Intermediary exceeds the R1 million threshold, in any consecutive period of 12 months, solely as a consequence of abnormal circumstances of a temporary nature, such Foreign Supplier of electronic services of Foreign Intermediary shall not be liable to register for SA VAT .

Feb 2023 VAT obligations on electronic services; invoicing rules updated 2022

South Africa introduced Value Added Tax collections role on non-resident providers and intermediary marketplaces for digital or electronic services in June 2014. There is VAT registration threshold of R1million, after which a provider must notify Commissioner for the South African Revenue Service (SARS). There is no requirement to appoint a Fiscal Representative. Unusually, South Africa imposes VAT on B2B digital services provided by non-residents – instead of using zero-rating and the reverse charge.

The obligations for invoicing was changed for 2022 (see below).

See VAT Calc’s global VAT and GST on digital services tracker to follow global trend for taxing digital services.

What digital services are subject to South African VAT?

Income from the following supplies are considered taxable:

  • Downloading and streaming music or videos
  • E-books, publications and images
  • E-learning
  • Gaming
  • Gambling
  • Auctions
  • Subscriptions to membership sites, including dating sites

(From 1 April 2019) Services supplied by means of an electronic agent, electronic communication, or the internet

The following services from non-residents are excluded:

  1. Educational services provided by recognised educational establishments in their country of residence
  2. Supplies to companies with either side owning 70%+ shares of the other, and the services are supplied exclusively to the South African resident customer
  3. Telecoms

Determining South Africa place of supply

Any non-resident must determine if their customer is within the South African VAT net. This is based on the following specific rules for establishing the place of supply:

  1. Electronic services are supplied in South Africa
  2. Payments are made from a South African bank
  3. Businesses with South African address, or for consumers a residential address

Marketplace liabilities

Foreign intermediary electronic marketplaces will be considered responsible for the VAT of the non-resident. This applies where the vendor is not resident and its marketplace intermediary acts as the contract principal. This marketplace liability was introduced in April 2019.

In this case, the marketplace must VAT register if over the registration threshold.

B2B digital services liable to VAT

Since 1 April 2019, South Africa has imposed VAT obligations on non-resident providers of digital or electronic services to resident businesses. Almost all other countries use the reverse charge.

2022 invoicing requirements

Since 2022, invoices must include:

  • B2B invoices must include the VAT number of the customer. Previously the name, address and contact details was sufficient.
  • A full and proper description of the services must now be added.
  • The VAT must be stated in SAR’s currency
  • New FX rules

VAT registration and compliance

Vendors must produce VAT invoices with basic transaction details. There is a simplified electronic services business VAT registration process, available online with SARS.  South African VAT returns are completed monthly. Returns are due by the last businesses day of the month following the reporting period.

Africa & Middle East VAT on digital services

Comments (click for details) Rate Date Threshold Comments
Algeria 9% Jan 2020 Nil
Angola 14% Oct 2019
Bahrain 10% Jan 2019 Nil
Benin 18% Oct 2023 TBC
Botswana 14% 2024 - Pending implementation
Cameroon 19.5% Jan 2020 XAF 50 million
Cape Verde 15% Jan 2022 Nil
Congo, Democratic Republic 16% Jan 2024 -
Egypt 14% Sep 2016 EGP 500,000
Ghana 12.5% Apr 2022 GHS 200,000
Israel 17% TBC Proposals withdrawn
Ivory Coast 18% 2022 -
Jordan 16% JOD 30,000
Kenya 16% Sep 2013 - Registration threshold removed 2023
Kuwait 5% Jan 2024? - TBC
Mauritius 15% 2020
Morocco 20% 2024
Mozambique 16% 2017 Nil
Nigeria 7.5% Jan 2020 $25,000
Oman 5% Apr 2021 OMR 35,000
Rwanda 18% TBC
Saudi Arabia 15% Jan 2018 Nil
Senegal 18% Apr 2024 Nil Fiscal representative required
Sierra Leone 15% Jan 2021 SLE 100,000 No non-resident rules
South Africa 15% Jun 2014 ZAR 1 million
Tanzania 18% Jul 2022 Nil Residents since Jul 2015
Tunisia 19% Jan 2020 Nil Withholding VAT; 3% Royalty Tax
Uganda 18% Jan 2020 UGX 150m
United Arab Emirates 5% Jan 2018 AED 375,000
Zimbabwe 14.5% Jan 2020 Nil
Zambia 16% Jan 2024 Fiscal Representative req'd


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