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

What Are the Liabilities on a Tax Return?

What Are the Liabilities on a Tax Return?

Today we look at exactly what that ‘liabilities’ section means for you, what belongs there, and how to correctly assess and create your balance sheet for income tax purposes.

Difference Between Tax Rebate and Tax Threshold?

Difference Between Tax Rebate and Tax Threshold?

Difference Between Tax Rebate and Tax Threshold? This article explains different concepts you should know about filing tax returns. 

Savings Tax in South Africa

Savings Tax in South Africa

Today we will be looking at all things tax- and savings-related, from the amount of money you can keep in your bank account without taxation

How to Activate Tax Types on eFiling

How to Activate Tax Types on eFiling

This comprehensive guide navigates through the intricacies of tax types, explaining how to activate them on the eFiling platform

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.

What Are the Consequences of Not Paying Tax?

What Are the Consequences of Not Paying Tax?

What Are the Consequences of Not Paying Tax? Read on to learn the consequences of not paying taxes to the government.    

How to Deal With Income Tax Notices?

How to Deal With Income Tax Notices?

It is important to stay on top of them and respond timeously to requests to make sure they don’t have knock-on effects on the tax you owe.

How to Avoid Donations Tax In South Africa

How to Avoid Donations Tax In South Africa

By the end of this guide, you'll be equipped with valuable knowledge to navigate the South African donations tax landscape effectively.

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

How to Check SARS Tax Compliance Status

How to Check SARS Tax Compliance Status

Today, we are diving deeper into how to check (and prove) your SARS tax compliance status if you need to

What Does a Tax Attorney Do?

What Does a Tax Attorney Do?

This guide explains everything you want to know about the role of the tax attorney, career path, and potential earnings

How to Avoid Inheritance Tax in South Africa

How to Avoid Inheritance Tax in South Africa

This guide explores strategies for reducing or avoiding inheritance tax in South Africa, addresses whether beneficiaries pay tax on inheritances

Are SARS Penalties Tax Deductible?

Are SARS Penalties Tax Deductible?

This article delves into whether SARS penalties hold tax-deductible status, elucidates their functioning, and expounds on their consequences for taxpayers

How Does Tax On Bonuses Work in South Africa?

How Does Tax On Bonuses Work in South Africa?

How Does Tax On Bonuses Work in South Africa? We are here with this helpful guide to taxation and bonuses 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.