Hide
Earn under R350,000? Click here to see why you still need to file to get your Tax Refund.
CLOSE
Get Tax Deadline Reminders, News and Tips
 

We'll tell you when you need to file, along with tax tips and updates.
Try Tim Now

Long partnership regarded as marriage for tax?

Posted 9 June 2016 under Tax Questions

Let TaxTim
help you
submit your
Tax returns!




TaxTim will help you:

  • Do Your Tax Return Easily
  • Avoid penalties
  • Maximise your refund
Tim uses your answers to complete your income tax return instantly and professionally, with everything filled in in the right place.

Let Tim submit your tax return direct to SARS
in just a few clicks!

Get started

Blog Categories


Ask TaxTim

Got a question you want answered about tax?

Visit our helpdesk →
Simon says:
8 June 2016 at 17:42

I have been living with a woman as husband and wife for 17 years and see no point in getting officially married. With regard to tax rules such as: tax free gift/donation between spouses and tax rules regarding disposal of residence to spouse on death, apply to me? I have in mind donating money to my partner which she will invest to achieve a tax saving on capital gains as she has small income. She would also be able to donate to my children if required, to take advantage of the R100k tax free amount. Please tell me I don't have to get married!

This entry was posted in Tax Questions and tagged , , , . Bookmark the permalink.

TaxTimTaxTim says:
9 June 2016 at 8:31

In 2001 a definition of "spouse" was introduced into the Income Tax Act. In terms of this definition, "spouse" means, in relation to any other person, a person who is the partner of that person:

-in a marriage or customary union recognized in terms of the laws of the Republic;

-in a union recognized as a marriage in accordance with the tenets of any religion; or

-in a same sex or heterosexual union which the Commissioner is satisfied is intended to be permanent.

Therefore based on the information you have provided, it sounds like you would fit into the third point above and that your partner would be classified as your "spouse" without formally getting married :)


Get Tax Deadline Reminders, News and Tips
 

We'll tell you when you need to file, along with tax tips and updates.

Blog Categories


Ask TaxTim

Got a question you want answered about tax?

Visit our helpdesk →

Let TaxTim
help you
submit your
Tax returns!




TaxTim will help you:

  • Do Your Tax Return Easily
  • Avoid penalties
  • Maximise your refund
Tim uses your answers to complete your income tax return instantly and professionally, with everything filled in in the right place.

Let Tim submit your tax return direct to SARS
in just a few clicks!

Get started