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Who is liable for donations tax?
Donations tax applies to any person (for example: individual, company or trust) that is a resident. Hence, non-residents are not liable for donations tax.
The person making the donation (donor) is liable to pay the donations tax, however if the donor fails to pay the tax within the payment period the donor and donee are jointly and severally liable (section 59).
The Commissioner may at any time raise an assessment on the donor or donee (or both) for the donations tax. Including where the Commissioner is satisfied that the full amount of donations tax was not paid, raise an assessment for the difference. The payment by either the donor or donee will discharge this joint liability (section 60(5)).
What steps must I take?
When should it be paid?
Donations tax must be paid by the end of the month following the month during which the donation takes effect or such longer period as SARS may allow (section 60(1)).
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