GG-LOGICS · LOGIC-MODELS™

One Gift,
Two Taxes

Donations tax · the gatekeeper of estate duty · See It. Understand It. Improve It.
Income Tax Act 58 of 1962 · ss 54–64, s 7C
Eighth Schedule · para 38, 62, 67
2027 year of assessment (1 Mar 2026 – 28 Feb 2027)
1955

Born as the gatekeeper

Donations tax exists for exactly one reason: without it, estate duty would be voluntary — give everything away the week before you die. The 1955 reforms therefore built a tollgate on the road out of the estate, deliberately priced at the estate duty rate.

2017 → 2018

The mirror is completed

1 Mar 2017: s 7C arrives — interest-free trust loans become a recurring annual deemed donation. 1 Mar 2018: the 25% tier above R30m of cumulative lifetime donations, matching estate duty's new tier to the percentage point.

1 MAR 2026

The free lane widens

Budget 2026 lifted the annual exemption from R100 000 to R150 000 — the first increase since 2008. A couple can now move R300 000 a year out of their combined estate, tax-free, forever. The 20%/25% rates are unchanged.

Interactive Logic-Model™

Generosity is a disposal.
Two machines meet it at the gate.

A donation triggers two taxes on the donor, in the same month, for the same gift: donations tax under s 54, and CGT — because para 38 deems the donor to have disposed of the asset at market value, cash or no cash. And para 38 has a twin: sell the asset to your child cheaply and s 58 taxes the shortfall as a donation while para 38 still taxes the gain on full market value. Move the consideration slider and watch both deeming provisions close the trap.

1 · Choose a donor

2 · Who receives?

Recipient
CHILD
SPOUSE
PBO

3 · The gift

For cash gifts, base cost = market value (no gain)
R0 = pure donation · partial = the s 58 bargain sale
Drives the 20% / 25% tier — lifetime, not annual
One R150 000 pool per tax year — s 56(2)(b)
THE GIFT
Channel A · CGT on the donor Eighth Schedule
The gift is a disposal — the growth is taxed as if sold
Deemed proceeds at MV
Relief for this recipient
Capital gain
Less: annual exclusion
para 5 — R50 000 (the CGT exclusion, not the donations one)
× 40% inclusion → taxable gain
CGT payable by the donor
Channel B · Donations tax ss 54–64 ITA
The tollgate — priced to match estate duty
Property disposed of
s 55 — value of the property donated
Less: consideration → donation
Less: exemptions
Cumulative position
Tax: 20% / 25%
Donations tax payable by the donor
⏱ payable by the END of the MONTH following the donation — s 60, form IT144.
If the donor defaults, donor AND donee are jointly liable — s 59
The cost of generosity
The donee receives
Donor's cash position
⏳ Deferred, not deleted

Logic Insight

The drip meter · s 7C

The loan that donates itself, every year, forever

Selling assets to your trust on an interest-free loan account used to be the estate freeze. Section 7C ended it: the interest you don't charge, measured at the official rate (repo + 1%), becomes a deemed donation on the last day of every tax year — for as long as the loan stands. Not once. Annually.

The loan account

Repo + 100 bps — about 7.75% in early 2026. It floats with the repo: adjust it.
Charge the official rate and s 7C falls away entirely
Forgone interest = deemed donationloan × (official rate − rate charged) · s 7C(3)
Covered by the annual exemptionthe SAME R150 000 pool as every other donation this year
Taxable deemed donationdeemed on the last day of the year of assessment
Donations tax — every year the loan standsat 20% (below the R30m cumulative tier)
Three roads out of the estate

Every road has a different toll

ROAD 1 · THE OUTRIGHT GIFT

Pay the toll now

20%/25% donations tax plus CGT at market value — the model above. Expensive today, but every rand of future growth escapes the estate and compounds in the donee's hands, outside the s 3 net forever.

ROAD 2 · THE R150 000 FREE LANE

The patient road

Cash of R150 000 a year: no donations tax (s 56(2)(b)), no CGT (cash has no gain). Twenty years of discipline moves R3m — plus all its growth — out of the estate at a total tax cost of nil. A married couple runs two lanes.

ROAD 3 · THE TRUST LOAN

The road that never ends

Sell to the trust on loan account: no donation today (it's a loan), CGT still fires on the disposal — and s 7C then meters the outstanding balance annually. Repaying the loan via the free lane (R150 000/year of waived debt) is the classic, and now heavily scrutinised, escape route.

The planning payoff

Give it now, or keep it until death?

QuestionGive it now (donations tax)Keep it until death (estate duty)
The transfer levy 20% / 25% above R30m of cumulative lifetime taxable donations since 1 Mar 2018. 20% / 25% above R30m of dutiable value — identical by design. The gatekeeper and the gate charge the same toll.
The shield R150 000 per year, renewable forever — plus full spouse (s 56(1)(b)) and PBO (s 56(1)(h)) exemptions. R3.5m once (s 4A, frozen since 2007) — plus s 4(q) for the spouse. The annual lane compounds; the abatement does not.
The CGT event Now — para 38 at market value, with only the ordinary R50 000 exclusion. At death — para 40 at market value, with the enlarged R440 000 exclusion and roll-over to the spouse.
Future growth Escapes: growth after the gift belongs to the donee and never enters your estate. Trapped: every year of growth compounds inside the dutiable estate, taxed at death.
Who pays, and when The donor, in cash, by the end of the following month — while receiving nothing for the asset. The estate, after death — when the donor no longer needs the money but the heirs' liquidity does.
Exam traps

Where the marks are lost

TrapThe errorThe correct treatment
Forgetting Channel A Computing donations tax and stopping. Para 38 makes the donation a deemed disposal at market value — CGT runs alongside, on the same gift, payable by the same donor. Two computations or half the marks.
The bargain sale "There was consideration, so there is no donation." s 58: property disposed of for inadequate consideration is deemed donated to the extent of the shortfall — and para 38 still deems proceeds at full MV for CGT. Both halves of the discount are caught.
The two R-exclusions Deducting R150 000 in the CGT computation, or R50 000 from the donation. R50 000 (para 5) lives in Channel A; R150 000 (s 56(2)(b)) lives in Channel B. Different Acts' worth of distance between them — same discipline as R440k vs R3.5m at death.
The tier Applying 20%/25% to this year's donations only. The R30m threshold is cumulative lifetime taxable donations since 1 March 2018 — s 64(1). A donor who crossed it years ago pays 25% from the first rand of this year's taxable donation.
Who the exemptions belong to Giving the R150 000 exemption to a company or trust donor. R150 000 is for natural persons only; other donors get R10 000 of casual gifts (s 56(2)(a)). And donations by public companies are exempt altogether (s 56(1)(n)).
Maintenance Taxing a parent's support of a student child as a donation. Bona fide maintenance is exempt under s 56(2)(c), to the extent the Commissioner considers reasonable. School fees are not a tollgate event.
The donee's base cost Giving the donee the donor's old base cost. The donee acquires at market value (para 38(1)(b)) — the donor was taxed on the growth, so the donee's clock restarts. Contrast the spouse: para 67 rolls the old base cost over instead, because no one was taxed yet.
PBO vs s 18A "It's a charity, so the donation is also income-tax-deductible." Two different approvals. Every s 18A organisation is a PBO, but not every PBO has s 18A status. PBO approval (s 30) opens the donations-tax gate (s 56(1)(h)) and the CGT gate (para 62); the s 18A deduction — capped at 10% of taxable income, valid receipt required — needs the narrower s 18A approval. Donating to your church is toll-free at both gates, but usually not deductible.
Teaching simplifications. The donor is modelled as a natural person and SA resident (non-residents fall outside donations tax). The CGT annual exclusion of R50 000 is assumed fully available, and the model ignores other disposals in the year. Property is treated as a single non-personal-use asset; for listed shares and property the s 55 valuation rules are held constant. The PBO route assumes a s 18A-approved donee for the income tax deduction mentioned in the insight — the 10%-of-taxable-income cap is noted, not computed. Donatio mortis causa, donations of limited interests (usufructs), the s 56(1) list beyond spouse/PBO/public companies, and s 57 (company donations at the instance of a person) are beyond the boundary. The s 7C meter assumes a domestic, rand-denominated loan below the cumulative tier, ignores the s 7C(5) exclusions (vesting trusts, primary residence loans, sharia financing, employee share schemes) and measures a full year at a constant balance — strictly the calculation runs daily on simple interest. Verify the official rate against the current repo before relying on it.