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Self Employment Declaration Template for South Africa

A Self Employment Declaration is a formal document used in South Africa to officially declare and confirm an individual's status as an independent contractor or self-employed person. The document serves as a legal attestation that complies with South African labor and tax laws, particularly the Labour Relations Act and Income Tax Act. It includes detailed statements about the nature of the business, working arrangements, financial independence, and control over work methods, helping to clearly establish the distinction between self-employment and traditional employment relationships.

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What is a Self Employment Declaration?

The Self Employment Declaration is a critical document in South African business practice, typically used when individuals need to formally establish their status as independent contractors or self-employed persons. This declaration becomes particularly important in contexts where there might be questions about the nature of working relationships, or where clear documentation of self-employed status is required for tax, legal, or contractual purposes. The document helps ensure compliance with South African legislation, including the Labour Relations Act, Income Tax Act, and other relevant laws. It typically includes comprehensive information about the nature of the business, working arrangements, client relationships, and financial independence, serving as evidence of genuine self-employed status for authorities, clients, and other stakeholders.

What sections should be included in a Self Employment Declaration?

1. Declarant Details: Full identification and contact details of the person making the declaration

2. Declaration of Independence: Clear statement confirming independent contractor status and control over own work

3. Nature of Business: Description of the business activities, services offered, and professional capacity

4. Business Structure: Details of how the business is structured (sole proprietor, CC, Pty Ltd)

5. Tax Status: Confirmation of tax registration and compliance with tax obligations

6. Control and Independence: Statement of factors demonstrating independence such as own tools, multiple clients, control over work hours

7. Client Relationships: Description of how client relationships are managed and services are delivered

8. Financial Independence: Statement regarding financial arrangements, invoicing, and payment structures

9. Legal Compliance: Confirmation of compliance with relevant business and professional regulations

10. Verification: Signature section with declaration of truth and accuracy of statements made

What sections are optional to include in a Self Employment Declaration?

1. Professional Qualifications: Section detailing relevant qualifications and certifications, used when the declaration relates to professional services

2. Equipment and Resources: Details of own equipment, facilities and resources, used when demonstrating substantial business infrastructure

3. Insurance Coverage: Information about professional indemnity or other relevant insurance, used for high-risk or professional services

4. Subcontracting Arrangements: Details about ability to subcontract work, used when this is a relevant aspect of the business model

5. Industry-Specific Compliance: Additional compliance statements for regulated industries, used when operating in specific regulated sectors

What schedules should be included in a Self Employment Declaration?

1. Schedule A - Business Registration Documents: Copies of business registration certificates, tax registration, and other official documents

2. Schedule B - Professional Certifications: Copies of relevant professional qualifications and certifications

3. Schedule C - Client List: Representative list of current and past clients (if permitted to disclose)

4. Schedule D - Equipment Inventory: List of major business equipment and resources owned

5. Appendix 1 - SARS Documentation: Relevant tax registration and compliance certificates

6. Appendix 2 - Insurance Certificates: Copies of relevant insurance policies and certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

South Africa

Document Type

Declaration Form

Cost

Free to use

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