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Carbon Credits & Tax Compliance in '25: What South African Companies Must Know

  • corpfin1
  • Jan 10
  • 2 min read

South Africa’s commitment to carbon reduction under the Paris Agreement continues to take effect through the implementation of the Carbon Tax Act, 15 of 2019 (“the Act”), now entering the final stretch of its extended Phase 1.


The tax applies to companies whose operations generate greenhouse gas emissions above the prescribed thresholds in Schedule 2 of the Act. These include industries such as energy, mining, cement and brick manufacturing, transport, and petrochemicals, with measurable carbon output tied directly to tax obligations.


Where Are We in 2025?

The Phase 1 extension, originally set to conclude in 2022, now runs through to 31 December 2025. During this period:

  • The carbon tax remains fixed at R144 per tonne of CO₂-equivalent emissions

  • Annual increases are limited to CPI + 2%


Phase 2 is expected to commence in 2026, gradually increasing the rate to USD 30/tonne by 2030


Understanding Carbon Credits (Offsets)

Section 13 of the Act allows companies to offset a portion of their tax liability by investing in approved emission reduction projects.

These offsets, commonly known as carbon credits offer a mechanism for:

  • Reducing tax exposure

  • Contributing to verified environmental or social mitigation

  • Supporting clean energy, reforestation, or community-based climate resilience projects


Legal Framework for Carbon Offsets

Carbon credits are governed by:

  • The Carbon Offset Regulations, 2019

  • The Draft Domestic Carbon Offset Standard Framework (2022)


Approved offsets include projects under:

  • Clean Development Mechanism (CDM)

  • Verified Carbon Standard (VCS)

  • Gold Standard (where aligned with South African criteria)


Ineligible projects include:

  • Renewable projects under large-scale Power Purchase Agreements

  • Nuclear energy-based offsets

  • Projects exceeding installed capacity thresholds defined in the regulations


How Much Can Companies Save?

Carbon offsets can reduce a company’s carbon tax liability by up to 10% of total emissions. This translates to a saving of:

  • R7.20 to R14.40 per tonne, depending on the emission source and offset structure

  • Higher savings typically apply to combustion emissions over fugitive emissions


However, offsets must be assessed in context, not all emitters benefit equally. Companies must weigh:

  • Project approval timelines

  • Offset purchase or project development costs

  • Annual tax liability projections under CPI+2% increases


What Lies Ahead for 2026 and Beyond?

With the second phase around the corner and international carbon pricing alignment on the rise, Treasury has cautioned large emitters: Failing to act now may result in significant future tax exposure.

The message is clear, begin reducing emissions or leverage available incentives before rates increase significantly in 2026.

Need Help Securing Offset Compliance?

Kern, Armstrong & Associates advises ESG-compliant firms on:

  • Emissions strategy

  • Offset project due diligence

  • Corporate tax risk and litigation


Contact our Environmental & Regulatory Law team to begin a compliance review - info@kernattorneys.co.za

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