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The tax benefits of
charitable giving
Charitable giving is high on the agenda for many wealthy South Africans. Before you donate to a cause that is close to your heart, however, it’s a good idea to take note of different kinds of non-profit entities recognised in South Africa, and the tax consequences of donating to them.
Non-profit organisations (NPOs) in South Africa are governed by the Non-Profit Organisations Act (NPO Act). According to the Act, an NPO is defined as either a trust, company or other association of people established to serve a public purpose – essentially, those in need.
The South African Revenue Service (SARS) encourages NPOs to register as public benefit organisations (PBOs) in terms of Section 30 of the Income Tax Act (ITA), and where required, to apply for the relevant tax exemptions afforded in terms of Section 18A of the ITA. Donations made to registered PBOs that comply with Section 18A of the ITA can be claimed as tax deductions up to certain limits.
Registered PBOs are exempt from income tax – certain receipts and accruals from trading or activities carried out by a PBO may, however, be taxable. Donations and bequests made to registered PBOs are also not subject to donations tax and/or estate duty. Similarly, assets donated or bequeathed to registered PBOs aren’t subject to capital gains tax.
The types of PBO available in South Africa include:
To qualify for approval as a PBO, the PBO has to undertake and support particular public benefit activities, including stipulated welfare and humanitarian; healthcare; land and housing; education and development; religion, belief and philosophy; cultural; conservation, environment and animal welfare; research; and sport activities.
Any individual or company making a bona fide donation to a registered PBO can qualify for a tax deduction – provided the PBO is able to issue a Section 18A certificate to the donor. A bona fide donation is a voluntary, gratuitous gift given out of generosity, without reciprocal obligations or personal benefit for the donor. The donor may also not impose conditions that could enable them to derive some direct or indirect benefit from the donation.
The deductible portion of the donation is capped at 10% of the taxable income of the donor. With donor companies, an excess donation may be rolled over as a deductible donation in the subsequent year of tax assessment.
At Sanlam Private Wealth we can assist you with creating a non-profit company or a non-profit trust, as well as drafting your will containing bequests to a PBO of your choice. For further information, contact us on +27 (11) 778 6600.
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Stanley Broun has spent 10 years in Fiduciary And Tax.
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