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Smart Giving: How to Transfer Wealth Without SARS Taking a Bigger Bite

Smart Giving: How to Transfer Wealth Without SARS Taking a Bigger Bite - image

As a successful professional or business owner, you’ve worked hard to build wealth.

Whether you want to support your spouse, help your adult children get ahead, or give to extended family, the question often arises: What are the tax implications?

South Africa’s Donations Tax:

can quietly erode what you give if you’re not strategic. But with the right planning, you can transfer significant value while keeping more in the family. Here’s what every middle-to-high income earner needs to know in 2026.

Spousal Transfers: The Ultimate Tax-Free Tool

Married? This is where it gets generous.

Donations between spouses are completely exempt from Donations Tax—no matter the amount. Cash, shares, property, or investments can move between you and your legally married spouse (in or out of community of property) without triggering this tax.

In community of property? Assets in the joint estate are already shared, but transfers of separate assets (like inheritances) still qualify for the exemption.

Out of community? Even more flexibility for estate planning and asset protection.

Important 2026 update:

The full exemption now generally requires the receiving spouse to be a South African tax resident. If one of you is planning to emigrate, act before triggering residency changes.

This makes spousal gifting one of the cleanest ways to equalise estates or shift income-generating assets.

Giving to Children and Family: Use Your Annual Allowance Wisely

Gifts to children or third parties don’t enjoy the unlimited spousal exemption. Instead, you get an annual exemption of R150,000 per donor (up from R100,000—thanks to the latest Budget).

• Donate up to R150k in a tax year (to one or multiple people) → Zero Donations Tax.

• Anything above that → 20% tax on the excess (25% once lifetime donations since 2018 exceed R30m).

Pro tip for couples:

Each spouse has their own R150k allowance. Coordinated giving can move R300k+ per year tax-free to kids or others.

Reasonable maintenance payments (e.g., covering a child’s education or living costs) can also qualify for exemption if SARS views them as bona fide and reasonable. But large lump sums for investment or property usually count as donations.

Who Pays—and When?

The donor (you) is responsible for paying Donations Tax and submitting the IT144 declaration. Payment is due by the end of the month following the donation. Miss it, and the recipient can become jointly liable. Keep records and don’t treat this as an afterthought.

Why This Matters for Your Wealth Strategy

Donations Tax isn’t just about the immediate cost. Strategic gifting reduces your future estate duty exposure (currently 20-25%) and can help with income splitting (while minding anti-avoidance rules like section 7).

High earners often use the annual allowance annually as part of a broader plan: funding a child’s TFSA contributions, helping with a home deposit, or gradually transferring shares to lower the family’s overall tax bracket.

Bottom line:

Don’t let tax inefficiency turn generous intentions into expensive ones. A few smart moves now can save tens or hundreds of thousands over time.

At SixDigs Accounting, we help clients structure these transfers efficiently while staying fully compliant. Whether it’s reviewing your marital regime, planning family gifts, or integrating this with your estate plan—we make it straightforward.

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