Receive a gift or donation from a generous family member or friend recently? Or, maybe you've just donated money, shares or even a house to someone you felt deserved it? Either way, if you’re the giver or receiver of a donation or gift, you should know that SARS needs to be notified of these donations, plus you should understand how to declare them from a tax perspective. Let's find out more.
If you've received the donation (the Donee):
If you've received a donation or gift, then the good news is that it's 100% tax-free (i.e. you won’t be taxed on it). There's no tax consequence for you as a beneficiary but you must remember to declare it in your Tax Return (ITR12) as an “Amount Considered Non-Taxable.” This is to make sure that you're declaring all of your income to SARS, including the non-taxable bits.
There is one exception to this though. If the Donor (the person who gave you the donation or gift) does not pay the Donations Tax on time, then the Donor and you (as the Donee) become equally responsible for the tax. You certainly don't want to be paying taxes on a gift, so if you're ever on the receiving end of a large gift (i.e. over R100 000), make sure you raise these important tax consequences with the Donor.
If you’re the one making the donation (the Donor):
If you've been the generous giver, you're liable for Donations Tax, which is calculated at a flat rate of 20% on the value of the donation or gift, up to R30 million. If the donation exceeds R30 million, then the amount over and above R30 million will be taxed at 25%.
However, there is some good news. Donation Tax only kicks in once you've donated more than R100 000 in a single tax year. In other words, you can make multiple donations in a tax year, and as long as the total value of the donations doesn't exceed R100 000, you won’t have to pay any Donations Tax at all.
Here’s an example:
Peter has had a great year and his business is doing well. He’d like to share some of his good fortune with his friends and family.
First, he gives his friend Willem a cash cheque for R10 000, because he knows they’ve been struggling to pay school fees. Then he decides that he no longer needs that old car gathering dust in his garage, so he gives it to his daughter who’s at university (valued at R60 000). Finally, he sends his nephew, who wants to propose to his long-term girlfriend, a gift of R40 000 to help pay for the wedding.
What will Peter have to pay in Donations Tax? We first need to calculate the total value of his donations for the tax year.
R10 000 to his friend
+ R60 000 to his daughter
+ R40 000 to his nephew
Total donations = R110 000
Remember that the Donations Tax threshold is R100 000, so Peter is only liable for 20% tax on the amount over and above that, which in this case is R10 000.
Therefore, Peter will pay Donations Tax of 20% x R10 000 = R2000.
After making a donation, the donor needs to fill in a IT144 form and send it to SARS. It's important to know that Donations Tax must be paid by the end of the month following the month during which the donation was made, and that it’s not part of your normal tax return. Payment can be made by cheque at your nearest SARS branch or via eFiling.
No, a donation between spouses is tax-free and you won’t need to declare it on your tax return.