Controlled Foreign Companies Conducting Short-Term Insurance Business Outside South Africa

Controlled Foreign Companies Conducting Short-Ter...

Controlled foreign companies (CFCs) engaged in offshore short-term insurance can deduct reserves related to the carrying on of a short-term insurance business outside South Africa.


Also on

In order for a CFC to get this deduction, which is similar to the deductions available for local insurers, the amounts must:

  • Be required by the short-term insurance law of the country in which the CFC is subject to tax by virtue of residence, domicile or place of effective management; and
  • Be consistent with the liabilities under section 32 of the Short-Term Insurance Act as if incurred in South Africa.

With the introduction of SAM, section 32 of the Short-Term Insurance Act will no longer be applicable. Consequently, it is therefore proposed to delete superfluous subsections in section 28 of the Income Tax Act, that were intended to effect equity between local and offshore short-term insurers using the aforementioned section as a basis.

It is proposed that CFC’s conducting short-term insurance business outside South Africa should claim deductions using the new provisions of section 28(3) of the Income Tax Act (see discussion under “Planned introduction of Solvency Assessment and Management for short-term insurers”.)

The amendment will come into operation when the Insurance Act, 2016, is promulgated.

Connect with us


Request for proposal



KPMG’s new-look website

KPMG has launched a state of the art digital platform that enhances your experience and provides improved access to our content and our people, whatever device you are on.

Read more