Sasol Form 20-F for the year ended 30 June 2021 - Book - Page 102
that this conclusion is a factual determination that must
be made annually and thus may be subject to change. If
Sasol were to be classified as a PFIC, the tax on
distributions on its shares or ADSs and on any gains
realised upon the disposition of its shares or ADSs may
be less favourable than as described herein.
Furthermore, dividends paid by a PFIC are not
“qualified dividend income” and are not eligible for the
reduced rates of taxation for certain dividends. In
addition, each US person that is a shareholder of a
PFIC, may be required to file an annual report
disclosing its ownership of shares in a PFIC and certain
other information. US holders should consult their own
tax advisors regarding the application of the PFIC
rules (including applicable reporting requirements) to
their ownership of the shares or ADSs.
Additional reporting requirements
US information reporting and backup withholding
10.G Statement by experts
US holders who are individuals may be
required to report to the IRS on Form 8938 information
relating to their ownership of foreign financial assets,
such as the shares or ADSs, subject to certain
exceptions (including an exception for shares or ADSs
held in accounts maintained by certain financial
institutions). US holders should consult their tax
advisors regarding the effect, if any, of these rules on
their obligations to file information reports with respect
to the shares or ADSs.
10.F Dividends and paying agents
Not applicable.
Dividend payments made to a holder and
proceeds paid from the sale, exchange, or other
disposition of shares or ADSs through a US
intermediary or other US paying agent may be subject
to information reporting to the US Internal Revenue
Service (IRS). US federal backup withholding
generally is imposed on specified payments to persons
who fail to furnish required information. Backup
withholding will not apply to a holder who furnishes a
correct taxpayer identification number or certificate of
foreign status and makes any other required
certification, or who is otherwise exempt from backup
withholding. US persons who are required to establish
their exempt status generally must provide IRS
Form W-9 (Request for Taxpayer Identification
Number and Certification) or applicable substitute
form. Non-US holders generally will not be subject to
US information reporting or backup withholding.
However, these holders may be required to provide
certification of non-US status (generally on IRS
Form W-8BEN, W-8BEN-E or applicable substitute
form) in connection with payments received in the
United States or through certain US-related financial
intermediaries.
Not applicable.
10.H Documents on display
All reports and other information that we file
with the SEC may be obtained, upon written request,
from J.P. Morgan, as depositary for our ADSs at its
Corporate Trust office, located at 383 Madison
Avenue, Floor 11, New York, New York, 10179. These
reports and other information can also be inspected
without charge and copied at prescribed rates at the
public reference facilities maintained by the SEC at
100 F Street, N.E., Washington, D.C. 20549. These
reports may also be accessed via the SEC’s website
(www.sec.gov). Also, certain reports and other
information concerning us will be available for
inspection at the offices of the NYSE. In addition, all
the statutory records of the company and its
subsidiaries may be viewed at the registered address of
the company in South Africa.
10.I Subsidiary information
Not applicable. For a list of our subsidiaries
see Exhibit 8.1 to this annual report on Form 20-F.
Backup withholding is not an additional tax.
Amounts withheld as backup withholding may be
credited against a holder’s US federal income tax
liability. A holder may obtain a refund of any excess
amounts withheld under the backup withholding
rules by timely filing the appropriate claim for refund
with the IRS and furnishing any required information.
ITEM 11. QUANTITATIVE AND QUALITATIVE
DISCLOSURES ABOUT MARKET RISK
As a group, we are exposed to various market
risks associated with our underlying assets, liabilities
and anticipated transactions. We continuously monitor
these exposures and enter into derivative financial
instruments to reduce these risks. We do not enter into
derivative transactions on a speculative basis. All fair
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