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7. POPIA The protection of personal information act is another piece of government admin you
need to comply with. See https://popia.co.za/ 8. Promotion of Access to information act
Yet another law business has to comply with. A PAIA manual has to be made and submitted to a government department that will never read it but of you ignore it…. To keep up to date with the laws people who have never and could never run a business keep dreaming up see - http://www.dsbd.gov.za/acts-and-regulations Labour department inspections The labour department can inspect for you compliance to the various labour laws though this is only going to happen if you fire an employee and they make trouble for you with the labour department. To pass these inspections you must have all the labour law posters where your staff are working as well as keep an accurate record of days and hours worked, leave taken, sick leave used and so on. Capital Gains Tax and working from home If you are working from home, then you are allowed to claim the expenses from a portion of the house (the portion used for business) from your tax (as you are using it in the pursuit of income), but there is a potential downside. If you claim the expenses for a portion of the house from your tax, then you lose the Capital Gains Tax exemption on a primary dwelling for the portion of the house used for business. Should you sell your house, you pay Capital Gains Tax on the profit made between the purchase and selling price of your house. If you bought your house before 2001, then the value of your house as at October 2001 becomes the deemed “purchase price” in terms of capital gains. BEE and how it affects you Many companies (especially large corporates, and government departments), particular those that deal with the government (think tenders) need to purchase as much as possible, from Black Owned or Black empowered businesses. If you your turnover is under R 5 million per annum, then for purposes of BEE you are seeing as being BEE compliant. This limit also changes from time to time. A word of caution though, there are many companies out there who will charge you annual fee to give you a BEE scorecard, verifying your BEE status. If you are classed as an SMME, all you need is a letter from your accountant or affidavit verifying that your turnover is under R 5 million per annum.
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