Donations Tax is payable by any South African resident. The donations tax provisions do not apply to non-residents even if they donate South African assets. Donations tax is payable on the value of any gratuitous disposal of property (including the disposal of property for inadequate consideration) and the renunciation of rights.

PRINCIPAL EXEMPTIONS

• Donations between spouses
• Donations to charitable, ecclesiastical and educational institutions, and certain public bodies in the Republic of South Africa (limited to certain thresholds)
• Donations by natural persons not exceeding R100 000 per year
• The donation of assets situated outside the Republic, subject to certain conditions
• Donations by companies not considered to be public companies up to R10 000 per annum
• Donations where the donee will not benefit until the death of the donor
• Donations made by companies which are recognised as public companies for tax purposes
• Donations cancelled within six months of the effective date
• Property disposed of under and in pursuance of any trust
• Donations between companies forming part of the same group of companies
• Reasonable bona fide contributions to the maintenance of individuals

RATES

Donations tax is payable at the end of the month following the month in which the donation was made, at a flat rate of 20% on the first R30 million donations. Donations tax on the donations in excess of R30 million will be 25%. Only donation from 1 March 2018 will count towards the R30 million threshold.