A PBA is any activity listed in Part I of...
Read MoreThis is a segment of taxpayers that require the Commissioner’s approval for exemption from income tax and other related benefits. These institutions are mainly in the non-profit sector, but also include Recreational Clubs, Membership Associations, Small Business Funding Entities, Home Owners Associations, Government Institutions and Private Companies owned by Government Institutions.
Each category of exemption is considered according to specific legislative provisions as contained in the Income Tax Act (ITA). Click on the categories below to learn more about the type of exemption and related information.
Type of Exempt Entities and / or Categories |
Sections of the Income Tax Act (ITA) |
Public Benefit Organisations: All Public Benefit Organisations (PBO’s) engaged in public benefit activities (PBAs) and includes institutions such as religious institutions, day care centres, disaster relief organisations, and, health clinics, etc. |
Section 10(1)(cN) read with Section 30 9th Schedule of the ITA (PBAs) Section 18A (Tax deductible donations) |
Recreational Clubs: Clubs are formed for the mutual benefit of members who contribute to share the cost of providing a collective benefit, namely, the social or recreational facility, e.g. running clubs, angling clubs, bowling clubs etc. |
Section 10(1)(cO) read with Section 30A |
Membership Associations: Fidelity or Indemnity Fund, Trade Union (registered with Department of Labour), Chamber of Commerce, or Industries (or an Association of such Chambers), Mutual Loan Association, Local Publicity Association. |
Section 10(1)(d)(iii) read with Section 30B |
Professional Bodies: Company, society, or other association of persons established to promote the common interest of persons, carrying on any particular kind of business, profession, or occupation. |
Section 10(1)(d)(iv)(bb) read with Section 30B |
Small Business Funding Entity: An entity established for the sole purpose of providing funding to small, micro, and medium enterprises (SMMEs). |
Section 10(1)(cQ) read with Section 30C |
Home Owners Associations: Association of persons formed for managing the collective interests common to all its members in respect of expenditure applicable to the common immovable property |
Section 10(1)(e)(i)(cc) |
Public Institutions: Institution, Board, or Body established in terms of South African legislation and partially or fully funded through public resources. This excludes National, Provincial and Local Government. |
Section 10(1)(cA)(i) |
Companies owned by Public Institutions Any South African company of which all the shares are held by a body exempt in terms of section 10(1)(cA)(i) – i.e. wholly-owned by one or more Government Institutions. |
Section 10(1)(cA)(ii) |
Tax deductible donations (Section 18A): Qualifying entities, that have been approved as PBOs, may obtain additional approval to issue tax deductible donations to donors. Section 18A status falls in two broad categories, namely a “doer” and a “conduit”. If the PBO conducts the qualifying activities, it is a “doer” OR provides funds or assets (excl. services and other resources) to other S18A approved entities it is a “conduit”. In addition to PBOs, the following institutions may also apply for approval to issue S18A receipts, and if approved, these entities will also be required to meet the Commissioner’s reporting requirements. · Government Departments · Specialised Agencies |
Section 18A Section 18A(1)(a) Section 18A (1)(b) Part II of the Ninth Schedule
Section 18A(1)(bA) |
A branch of a foreign tax-exempt organisation: The branch of a foreign tax-exempt organisation may be recognised as such if proof is provided that it is registered as a tax exempt organisation in its home country |
ASPOA – Authority on Special Power of Attorney by Tax Practitioner – External Form
EI1 – Application for Exemption from Income Tax – External Form
EI2 – Public Benefit Organisation Written Undertaking – External Form
EI2A – Public Benefit Organisation Written Undertaking Associations – External Form
EI2B – Foreign Branch Approved as a Public Benefit Organisation – External Form
EI2C – Income Tax Exemption Recreational Clubs – External Form
EI2D – Small Business Funding Entity Written Undertaking – External Form
IT12EI – Return of Income Exempt Organisations – External Form
LAPD-IT-G16 – Basic Guide to Income Tax for Public Benefit Organisations
LAPD-IT-G17 – Basic Guide to Section 18A Approval
LAPD-IT-G26 – Tax Exemption Guide for Public Benefit Organisations in South Africa
LAPD-IT-G27 – Tax Guide for Recreational Clubs
LAPD-VAT-G06 – VAT 413 Guide for Estates
SPPOA – Special Power of Attorney – External Form
TPPOA – Special Power of Attorney to Tax Practitioner – External Form
A PBA is any activity listed in Part I of...
Read MoreThe requirements are set out in section 30(3)(b) of the...
Read MoreThe written undertaking must be signed by the three persons...
Read MoreYes, but only if an organisation has been established or...
Read MoreAn organisation approved by the Commissioner as a PBO will...
Read MoreDisclaimer
All information, content and data on SARS websites and associated facilities, including but not limited to software, hyperlinks and databases, is the property of or licensed to SARS and is protected under applicable South African laws. Unauthorised usage of content and/or information is strictly prohibited. No person, business or web site may reproduce this site, contents, information or any portion thereof.