Who must submit the annual return?
All cc's and companies must submit annual returns to avoid penalties charged and the possibility of being de-registered and closed.
An annual return is NOT the same as a SARS tax return, the SARS company tax returns need to be submitted separately with SARS
My company is not trading, must I submit the annual return?
Yes, if you wish the keep the company open then you need to file the annual return as well as the SARS tax returns.
When must the annual return be submitted?
The annual return must be submitted during the anniversary month of the company.
Why must the annual return be submitted?
To update the latest information and annual turnover with the Companies and Intellectual Properties Commission.
Annual return submissions keep the company in business and avoid this from being closed.
What happens if the annual return is not submitted on time?
If a company fails to lodge its annual return within the prescribed period, the company will eventually be final de-registered, meaning that it will no longer exists. The company name will then become available to the general public for registration.
What if the company owns property?
The legal effect of the de-registration process, is that the juristic personality is withdrawn and the company ceases to exist. This effectively means that any assets (including immovable property) of the de-registered company are forfeited to the state as bona vacantia assets at the time of de registration - see the CIPC publication
Is there a list of companies and close corporations which are getting de-registered?
