How Are Married Couples Taxed In South Africa?

By Dave Nyam •  Updated: 01/23/24 •  5 min read

Marriage is a legal and social institution affecting various life aspects, including taxation. In South Africa, the tax system does not treat married couples as a single unit but as separate individuals taxed on their own income and assets. However, a couple’s marital regime may affect their tax obligations and benefits. This article will explain how married couples are taxed in South Africa, how much money they can gift to a family member tax-free, whether there is a donations tax between spouses, and whether tithes are tax deductible.

- ADVERTISEMENT -

How are married couples taxed in South Africa?

Your marital regime determines how you and your spouse are taxed in South Africa. The law that determines your property rights and obligations is this one. In South Africa, there are three primary categories of marital regimes:

This results from being married without signing an ANC. An antenuptial agreement (ANC) modifies the default rule. You and your spouse have a single joint estate under this provision. This implies that whatever you possess and owe, regardless of when or how it was acquired, is jointly yours. Additionally, you are both accountable for the debts of the other. You each pay taxes on half of your income from your job or company and the income and capital gains from the joint estate. Your merged assets and liabilities must also be revealed on your tariff returns. However, other types of earnings, including wages, pensions, and inheritances, are not divided and are taxed solely to the inheriting spouse.

This occurs when an ANC using the accrual mechanism is signed. You and your spouse each have distinct estates under this provision. This implies that everything you had before and during the marriage, including debts, belongs to you alone. However, you and your spouse split the growth or accrual of your estates during the marriage, according to a set formula, when the marriage ends—due to a divorce or death. You are individually responsible for paying taxes on your income from your job or business and any capital gains from your distinct estate. Your tax returns must also include information on your distinct assets and liabilities. The accrual claim or payment is not subject to taxation unless shifting an asset results in transfer duty or capital gains tax.

This occurs when an ANC is signed outside of the accrual system. This regulation creates separate estates for you and your spouse, meaning that whatever you own and owe before and after the marriage is yours alone. Upon the conclusion of the marriage, you and your spouse preserve your separate estates and do not split any increases or accumulations during the union. You are individually responsible for paying taxes on your income from your job or business and any capital gains from your distinct estate. Your tax returns must also include information on your distinct assets and liabilities.

- ADVERTISEMENT -

How much amount can you reward a family member tax-free in South Africa?

Donations tax is a tax on giving away property or rights for free in South Africa. The giver pays 20% on the donation up to R30 million and 25% on the rest. But some gifts are tax-free, such as:

Is there a donation tax between spouses?

Spouses who are married or in a lasting relationship don’t pay donation tax to each other unless they are separated. This means they can give each other money or property without paying or reporting any donation tax. However, they might encounter other tax issues based on where the cash or property originates and how they are married.

For instance, if one spouse offers the other an asset that generates cash, like a rental or a share, the earnings from that asset might still be taxed for the first partner under section 7 of the Income Tax Act. Or, if the partners are espoused in a community of property, the cash from that asset might be divided between them under section 7 (2) of the Income Tax Act. So, partners should weigh the tax impact of any reward between them and seek expert assistance if required.

Are tithes tax deductible in South Africa?

A voluntary gift of a percentage of one’s income, often 10%, to a mosque or church is known as a tithe. Tithes are not tax deductible in South Africa unless the religious organization is registered as a PBO and engages in specific public benefit activities specified in Part II of the Income Tax Act’s Ninth Schedule. The donor might then demand a cut for the tithe up to a limit of 10 percent of their taxable earnings, with some earnings classes excluded.

The donor should get a receipt from the PBO that features specific particulars, including the donor’s identity and address, the day and figure of the donation, and the PBO’s details and registration digits. In the event of a SARS audit or verification, the donor must also save the receipt as documentation of the donation.

- ADVERTISEMENT -

Keep Reading

Why SARS May Reject Your Tax Return

Why SARS May Reject Your Tax Return

Today we look at the common reasons for rejection of a filed return, and how to resolve these issues for a smooth and compliant tax filing process

What is SARS Income Tax Verification?

What is SARS Income Tax Verification?

What is SARS Income Tax Verification? Let us give you more details on SARS tax verification and how to verify your SARS account. 

How the SARS Income TAX Brackets Work

How the SARS Income TAX Brackets Work

This guide is meant to give you the information you need to understand and navigate the tax brackets set by SARS in South Africa easily

How to Calculate Capital Gains Tax In South Africa

How to Calculate Capital Gains Tax In South Africa

How to Calculate Capital Gains Tax In South Africa. But don't fret; we're here to illuminate the art of calculating CGT in this vibrant nation.

What Is SARS Tax Credit?

What Is SARS Tax Credit?

These include the property rates tax credit, the investment tax credit, the tax credit for medical scheme fees, and the credit for economic development.

What Does a Negative Amount on a Tax Return Mean?

What Does a Negative Amount on a Tax Return Mean?

What Does a Negative Amount on a Tax Return Mean? This post explains everything you want to know about negative and positive tax returns. 

What Is A Settlement Agreement In South Africa

What Is A Settlement Agreement In South Africa

This blog post will be centred around a settlement agreement in South Africa. Other related questions on settlement agreements will be expatiated

Where to Get A Medical Scheme Tax Certificate?

Where to Get A Medical Scheme Tax Certificate?

Here’s everything you need to know about medical scheme tax certificates, which are a critical part of proving your medical aid expenditure

How Many Times Can I Revise Tax Return?

How Many Times Can I Revise Tax Return?

so today we’ve compiled this guide to help, exploring everything you need to know about tax return revisions and SARS.

How to Claim A Refund For Excess TAX Paid

How to Claim A Refund For Excess TAX Paid

This piece will update you on how to receive a SARS repayment, who can obtain a refund, what to do to acquire a refund

Who Is Exempt From Paying Tax in South Africa?

Who Is Exempt From Paying Tax in South Africa?

Who Is Exempt From Paying Tax in South Africa? This article explains everything you want to know about tax exemptions. 

Taxes on Capital Gains

Taxes on Capital Gains

While most only encounter CGT a few times in our lives, it can be a hefty tax burden, and it is critical to understand what it does

How to Claim Work From Home Tax Credit In South Africa

How to Claim Work From Home Tax Credit In South Africa

This handbook will guide you through claiming the work-from-home tax-related credit in South Africa.

IT14SD – Company Income Tax Supplementary Declaration

IT14SD – Company Income Tax Supplementary Declaration

IT14SD – Company Income Tax Supplementary Declaration. Read on to learn about IT14SD Company Income Tax Supplementary Declaration.    

Why Your Tax Refund Might Be Delayed

Why Your Tax Refund Might Be Delayed

Today, we will be looking at this issue in more depth and how to give your income tax refund the best possible chance of being processed quickly.