What Fee should be paid when filing annual returns?

The following information was extracted from the CIPC website:

In determining the appropriate fee for the filing of an annual return, a distinction must be made between a company and close corporation filing, and the date on which the annual return became due, since different fee structures are used for companies and close corporations. Further, in order to determine the year from which the company or close corporation became liable to file annual returns, the roll out date for the specific category of entity must be used together with its registration date:

  • Public and external companies – rolled out August 2003
  • Private and incorporated companies – rolled out May 2005
  • Close corporations – rolled out September 2008
  • Non-profit companies – rolled out May 2011

Note: The above information is also contained in the CIPC Information Guide on the Relationship between Annual Returns, Deregistrations and Re-Instatements.

Examples (Companies)Examples (Close Corporations)
            The company was registered on 26 June 1995. If it is a public or external company, its first annual return became due in June 2003. Therefore,  annual returns should have been filed on an annual basis as from June 2004 until June 2011, and should then continue to be filed annually every year thereafter.           If the company is a private company, its first annual return became due June 2005. Therefore, annual returns should have been filed on an annual basis as for June 2005 to June 2011, and every year thereafter.           If the company was registered 26 June 2009 and it is any other type of company, the first annual return became due in June 2010. Therefore, annual returns should have been filed on an annual basis for June 2010 and June 2011, and every year thereafter.                        If the close corporation was registered on 26 June 1995, its first annual return became due in June 2009. Therefore, annual returns should have been filed on an annual basis for June 2009 to June 2011, and every year thereafter.           If the close corporation was registered on 26 June 2009, its first annual return became due in June 2010. Therefore, annual returns should have been filed on an annual basis for June 2010 and June 2011, and every year thereafter.            

If the annual return became due 1 May 2011 or thereafter, the fee structure under the Companies Act, 2008 must be used. If it became due before 1 May 2011 the Companies Act, 1973 fee structure must be used.

Companies Act, 1973 fee table: (Use if the annual return became due before 1 May 2011)

Annual TurnoverPrivate and Incorporated CompaniesPublic CompaniesExternal Companies
Less than R10 millionR450R4 000R4 000
More than R10 million but less than R50 millionR2 500R4 000R4 000
R50 million or moreR4 000R4 000R4 000
Penalty fee for each late lodgementR150R150R150
Re-instatement Application (Form CoR40.5)R200

Companies Act, 2008 fee table: (Use if the annual return became due 1 May 2011 or thereafter)

Annual TurnoverFiling within 30 business days after
           anniversary date
Filing more than 30 business days after
           anniversary date
Less than R1 millionR100R150
R1 million but less than R10 millionR450R600
R10 million but less than R25 millionR2 000R2 500
R25 million or moreR3 000R4 000
Re-instatement Application (Form CoR40.5)R200

Close Corporations Act, 1984 fee table:

Annual TurnoverFiling within 2 months from beginning
           of anniversary month
Penalty for each late lodgement
Between 0 to R50 millionR100R150
R50 million and aboveR4 000R150
Re-instatement ApplicationR200

The fees payable for annual returns can also be determined by consulting the CIPC Annual Return website (annualreturns.cipc.co.za / AR Calculator).

For assistance on how to conduct a fee calculation refer to the published step by step guide (annualreturns.cipc.co.za / how to guide).


Disclaimer:

Please note that the information provided does not constitute legal or professional advice, but rather the applicability of existing theory to a given practical situation. Due care is taken to ensure that the information is correct, but it remains subjective and an interpretation of application of information.

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