Company Formation in Eswatini

General reference only. This skill is general tax/accounting reference material for AI-assisted workflows. It has not been reviewed for any specific person's facts, documents, elections, deadlines, residency, filing status, or local procedures. Do not rely on it to file, pay, amend, or take a tax position without review by a qualified professional in the relevant jurisdiction.

Who this applies to

Founders forming a business in Eswatini. Law: Companies Act 2009, read on EswatiniLII. Tax year 2026.

Rates, bands and thresholds

Item	Amount and conditions	Tax year	Official URL
Private company directors	At least one (s 191)	2026	https://eswatinilii.org/akn/sz/act/2009/8/eng@1998-12-01
Public company directors	At least two (s 191)	2026	https://eswatinilii.org/akn/sz/act/2009/8/eng@1998-12-01
Private company	Share capital, articles restrict transfers and prohibit public offers (s 16)	2026	https://eswatinilii.org/akn/sz/act/2009/8/eng@1998-12-01
TIN registration	4 working days	2026	https://www.ers.org.sz/documents/Step-ByStepGuideforNewBusinesses.pdf

The base

Vehicles: private company, public company, external company, sole trader, partnership, non-profit association. Lodge the Memorandum and Articles with the Registrar of Companies, Ministry of Commerce, Industry and Trade.

Deadlines and filing

How to set up

1. Reserve the name and lodge the constitutive documents with the Registrar.
2. Obtain a trading licence.
3. Apply for a TIN at an ERS Service Centre with certificate of incorporation, Form J, and Public Officer ID.
4. Appoint a Public Officer.
5. Register for provisional tax, PAYE, VAT as needed, or presumptive tax within 2 months of starting.
6. Register with ENPF if you employ eligible staff.

Penalties and interest

See Corporate income tax.

Cross-border points

A foreign company's branch pays 25% plus branch profits tax.

Two worked examples that recompute

Branch profit E100,000: tax E25,000, then 15% on E75,000.

name: Branch of a non-resident
inputs:
  profit: 100000
steps:
  - cit: profit * 0.25
  - bpt: (profit - cit) * 0.15
  - total: cit + bpt
expected:
  total: 36250

Decision: subsidiary paying everything to a non-SACU parent. Same total of E36,250, so the choice turns on liability and treaty, not rate.

name: Subsidiary, full dividend
inputs:
  profit: 100000
steps:
  - cit: profit * 0.25
  - nrst: (profit - cit) * 0.15
  - total: cit + nrst
expected:
  total: 36250

Ask the client first

1. Who owns it, and from where?
2. Will it offer shares to the public?
3. What is the activity?
4. Will it employ?
5. Expected turnover?

Sources

Source	URL	Read on
Companies Act 2009 ss 16, 191, read in a browser on EswatiniLII; ss 16 and 191 read	https://eswatinilii.org/akn/sz/act/2009/8/eng@1998-12-01	2026-11-01
ERS, Step-by-Step Guide for New Businesses; whole page read	https://www.ers.org.sz/documents/Step-ByStepGuideforNewBusinesses.pdf	2026-11-01
ERS, VAT Registration; whole page read	https://www.ers.org.sz/Registration	2026-11-01
ERS, Presumptive Tax; whole page read	https://www.ers.org.sz/IncomeTax/PresumptiveTax	2026-11-01
Income Tax Order 1975, ERS consolidated copy to the 2013 amendments; sections cited were read; cited sections read	https://www.ers.org.sz/documents/IncomeTaxOrder1975.pdf	2026-11-01

Not yet confirmed: Not rechecked in the Act: no minimum share capital, annual return, audit and AGM rules, and name reservation steps from the old pack. Registrar portal, fees and timeline: gov.sz did not open. Trading Licences Order not opened.