18A.     Deduction of donations to certain organisations

 

(1)     Notwithstanding the provisions of section 23, there shall be allowed to be deducted in the determination of the taxable income of any taxpayer so much of the sum of any bona fide donations by that taxpayer in cash or of property made in kind, which was actually paid or transferred during the year of assessment to—

[Sub­section (1) amended by section 20(a) and (d) of Act 30 of 2002, by section 34(1)(a) and (e) of Act 45 of 2003, by section 18 of Act 8 of 2007, by section 34(1)(b) of Act 60 of 2008, by section 44(1) of Act 24 of 2011 and by section 22 of Act 34 of 2019]

 

(a)     any-

 

(i)      public benefit organisation contemplated in paragraph (a)(i) of the definition of ‘public benefit organisation’ in section 30(1) approved by the Commissioner under section 30; or

 

(ii)     institution, board or body contemplated in section 10(1)(cA)(i),

 

which-

 

(aa)   carries on in the Republic any public benefit activity contemplated in Part II of the Ninth Schedule, or any other activity determined from time to time by the Minister by notice in the Gazette for the purposes of this section;

 

(bb)   complies with the requirements contemplated in subsection (1C), if applicable, and any additional requirements prescribed by the Minister in terms of subsection (1A); and

 

(cc)    has been approved by the Commissioner for the purposes of this section;

[Paragraph (a) amended by section 20 of Act 30 of 2002, section 34 of Act 45 of 2003 and section 16 of Act 20 of 2006 and substituted by section 31 of Act 17 of 2017 effective on 18 December 2017]

 

(b)     any public benefit organisation contemplated in paragraph (a)(i) of the definition of “public benefit organisation” in section 30(1) approved by the Commissioner under section 30, which provides funds or assets to any public benefit organisation, institution, board or body contemplated in paragraph (a), or any department contemplated in paragraph (c) and which has been approved by the Commissioner for the purposes of this section; or

[Paragraph (b) amended by section 72(1) of Act 59 of 2000, by section 20(c) of Act 30 of 2002, by section 34(1)(d) and (e) of Act 45 of 2003 and by section 26(1)(a) and (b) of Act 31 of 2005 and substituted by section 16(b) of Act 20 of 2006, by section 31 of Act 17 of 2017 and by section 4(a) of Act 24 of 2020]

 

(bA)

 

(i)      any agency contemplated in the definition of ‘specialized agencies’ in section 1 of the Convention on the Privileges and Immunities of the Specialized Agencies, 1947, set out in Schedule 4 to the Diplomatic Immunities and Privileges Act, 2001 (Act No. 37 of 2001);

 

(ii)     the United Nations Development Programme (UNDP);

 

(iii)    the United Nations Children’s Fund (UNICEF);

 

(iv)    the United Nations High Commissioner for Refugees (UNHCR);

 

(v)     the United Nations Population Fund (UNFPA);

 

(vi)    the United Nations Office on Drugs and Crime (UNODC);

 

(vii)   the United Nations Environmental Programme (UNEP);

 

(viii)  the United Nations Entity for Gender, Equality and the Empowerment of Women (UN Women);

 

(ix)    the International Organisation for Migration (IOM);

 

(x)     the Joint United Nations Programme on HIV of AIDS (UNAIDS);

 

(xi)    the Office of the High Commissioner for Human Rights (OHCHR); or

 

(xii)   the United Nations Office for the Coordination of Humanitarian Affairs (OCHA),

 

if that agency, programme, fund, High Commissioner, office, entity or organisation-

 

(aa) carries on in the Republic any public benefit activity contemplated in Part II of the Ninth Schedule, or any other activity determined from time to time by the Minister by notice in the Gazette for the purposes of this section;

 

(bb)   furnishes the Commissioner with a written undertaking that such agency will comply with the provisions of this section;

[Subparagraph (bb) amended by section 4(b) of Act 24 of 2020]

 

(cc)   waives diplomatic immunity for the purposes of subsection (5)(i); and

[Subparagraph (cc) amended by section 4(b) of Act 24 of 2020]

 

(dd)   has been approved by the Commissioner for the purposes of this section; or

[Paragraph (bA) inserted by section 34(1)(a) of Act 60 of 2008 and substituted by section 31 of Act 17 of 2017. Subparagraph (dd) added by section 4(b) of Act 24 of 2020]

 

(c)     any department of government of the Republic in the national, provincial or local sphere as contemplated in section 10(1)(a), which has been approved by the Commissioner for the purposes of this section, to be used for purpose of any activity contemplated in Part II of the Ninth Schedule,

[Paragraph (c) inserted by section 34(1)(b) of Act 45 of 2003 and substituted by section 16(c) of Act 20 of 2006, by section 37(1)(a) of Act 7 of 2010, by section 31 of Act 17 of 2017 and by section 4(c) of Act 24 of 2020]

 

as does not exceed-

 

(A)    where the taxpayer is a portfolio of a collective investment scheme, an amount determined in accordance with the following formula:

 

A = B × 0,005

 

in which formula:

 

(AA)  “A” represents the amount to be determined;

 

(BB)  “B” represents the average value of the aggregate of all of the participatory interests held by investors in the portfolio for the year of assessment, determined by using the aggregate value of all of the participatory interests in the portfolio at the end of each day during that year; or

 

(B)     in any other case, ten per cent of the taxable income (excluding any retirement fund lump sum benefit, retirement fund lump sum withdrawal benefit and severance benefit) of the taxpayer as calculated before allowing any deduction under this section, section 6quat(1C) or setting off a balance of assessed loss under section 20(1)(a)(i) or (ii):

[Paragraph (B) substituted by section 18 of Act 5 of 2026]

 

Provided that any amount of a donation made as contemplated in this subsection and which has been disallowed solely by reason of the fact that it exceeds the amount of the deduction allowable in respect of the year of assessment shall be carried forward and shall, for the purposes of this section, be deemed to be a donation actually paid or transferred in the next succeeding year of assessment.

[Subsection (1) amended by section 20(a) and (d) of Act 30 of 2002, by section 34(1)(a) and (e) of Act 45 of 2003, by section 18 of Act 8 of 2007, by section 34(1)(b) of Act 60 of 2008, by section 44(1) of Act 24 of 2011, by section 52(1)(a)-(c) of Act 31 of 2013, by section 35(1)(a) of Act 23 of 2018, by section 22 of Act 34 of 2019 and by section 4(c) of Act 24 of 2020]

 

(1A) The Minister may, by regulation, prescribe additional requirements with which a public benefit organisation, institution, board or body or the department carrying on any specific public benefit activity identified by the Minister in the regulations, must comply before any donation made to that public benefit organisation, institution, board or body or the department shall be allowed as a deduction under subsection (1).

 

(1B)   Any activity determined by the Minister in terms of subsection (1)(a) or any requirements prescribed by the Minister in terms of subsection (1A), must be tabled in Parliament within a period of 12 months after the date of publication by the Minister of that activity or those requirements, as the case may be in the Gazette for incorporation into this Act.

 

(1C)  The constitution or founding document of a public benefit organisation carrying on the activity contemplated in paragraph 4(d) of Part II of the Ninth Schedule, must expressly provide that the organisation-

 

(a)     may not issue any receipt contemplated in subsection (2) in respect of any donation made by a person to that public benefit organisation, unless-

 

(i)      that donation is made by that person on or after 1 August 2002; and

 

(ii)     that person (in the case of a company, together with any other company in the same group of companies as that company) has during the relevant year of assessment of that person donated an amount of at least R1 million to that organisation;

 

(b)     must ensure that every donation contemplated in paragraph (a), in respect of which such a receipt has been issued, will be matched by a donation to that organisation of the same amount made by a person who is not a resident and which is made from funds generated and held outside the Republic; and

 

(c)     must utilise the amount of-

 

(i)      all donations contemplated in paragraph (a), in respect of which such a receipt has been issued, and all income derived therefrom, in the Republic in carrying on that activity; and

 

(ii)     all donations contemplated in paragraph (b), either in the Republic in carrying on that activity, or in respect of a transfrontier conservation area of which the Republic forms part.

 

(2)     Any claim for a deduction in respect of any donation under subsection (1) shall not be allowed unless supported by-

 

(a)     a receipt issued by the public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation or the department concerned, containing-

[Words preceding subparagraph (i) substituted by section 35 of Act 23 of 2018 effective on 1 March 2017]

 

(i)      the reference number of the public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation or the department issued by the Commissioner for the purposes of this section;

[Subparagraph (i) substituted by section 35 of Act 23 of 2018 effective on 17 January 2019]

 

(ii)     the date of the receipt of the donation;

 

(iii)    the name of the public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation or the department which received the donation, together with an address to which enquiries may be directed in connection therewith;

[Subparagraph (iii) substituted by section 35 of Act 23 of 2018 effective on 17 January 2019]

 

(iv)    the name and address of the donor;

 

(v)     the amount of the donation or the nature of the donation (if not made in cash);

 

(vi)     a certification to the effect that the receipt is issued for the purposes of section 18A of the Income Tax Act, 1962, and that the donation has been or will be used exclusively for the object of the public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation concerned or, in the case of a department in carrying on the relevant public benefit activity; and

[Subparagraph (vi) substituted by section 35(1)(c) of Act 23 of 2018 and amended by section 2 of Act 21 of 2021]

 

(vii)    such further information as the Commissioner may prescribe by public notice; or

[Paragraph (a) substituted by section 37(1)(d) of Act 7 of 2010 and amended by section 35(1)(b) of Act 23 of 2018 deemed effective on 1 March, 2017. Subparagraph (vii) added by section 2 of Act 21 of 2021]

 

(b)     an employees’ tax certificate as defined in the Fourth Schedule on which the amount of donations contemplated in paragraph 2(4)(f) of that Schedule, for which the employer has received a receipt contemplated in paragraph (a), is given.

 

(2A)  A public benefit organisation, institution, board, body or department may only issue a receipt contemplated in subsection (2) in respect of any donation to the extent that-

 

(a)     in the case of a public benefit organisation, institution, board or body contemplated in subsection (1)(a) which carries on activities contemplated in Parts I and II of the Ninth Schedule, that donation will be utilised solely in carrying on activities contemplated in Part II of the Ninth Schedule;

 

(b)     in the case of a public benefit organisation contemplated in subsection (1)(b) –

 

(i)      that organisation will within 12 months after the end of the relevant year of assessment distribute or incur the obligation to distribute at least 50 per cent of all funds received by way of donation during that year in respect of which receipts were issued: Provided that the Commissioner may, upon good cause shown and subject to such conditions as he or she may determine, either generally or in a particular instance, waive, defer or reduce the obligation to distribute any funds, having regard to the public interest and the purpose for which the relevant organisation wishes to accumulate those funds; and

[Words preceding the proviso substituted by section 29 of Act 43 of 2014 effective on 1 March 2015]

 

(ii)     which provides funds or assets to public benefit organisations, institutions, boards or bodies or any department that carry on public benefit activities contemplated in Parts I and II of the Ninth Schedule, that donation will be utilised solely to provide funds or assets to a public benefit organisation, institution, board or body contemplated in subsection (1)(a), which will utilise those funds or assets solely in carrying on activities contemplated in Part II of the Ninth Schedule or to any department contemplated in subsection (1)(c) which will utilise those funds or assets solely for the purpose of any activity contemplated in Part II of the Ninth Schedule; or

[Paragraph (b) substituted by section 26(1)(d) of Act 31 of 2005 effective on 1 April, 2006 and applicable in respect of any year of assessment of a public benefit organisation commencing on or after that date. Subparagraph (ii) substituted by section 4(d) of Act 24 of 2020]

 

(c)     in the case of a department, that donation will be utilised solely in carrying on activities contemplated in Part II of the Ninth Schedule.

 

(2B)   A public benefit organisation, institution, board or body contemplated in subsection (2A), must obtain and retain a certificate containing such information as the Commissioner may prescribe by public notice and confirming the reasonable satisfaction of a registered tax practitioner that all donations received or accrued in that year of assessment in respect of which receipts were issued in terms of subsection (2), were utilised in the manner contemplated in subsection (2A).

[Subsection (2B) inserted by section 34(1)(k) of Act 45 of 2003 and substituted by section 6(1) of Act 4 of 2008 and by section 3(a) of Act 4 of 2026]

 

(2C)  The accounting officer or accounting authority contemplated in the Public Finance Management Act or an accounting officer contemplated in the Local Government: Municipal Finance Management Act, 2003 (Act 56 of 2003), as the case may be, for the department which issued any receipts in terms of subsection (2), must on an annual basis submit a certificate to the Commissioner containing such information as the Commissioner may prescribe by public notice and confirming the reasonable satisfaction of the officer or authority that all donations received or accrued in the financial year in respect of which receipts were so issued, were utilised in the manner contemplated in subsection (2A).

[Subsection (2C) inserted by section 34(1)(k) of Act 45 of 2003 and substituted by section 16(k) of Act 20 of 2006, by section 37(1)(g) of Act 7 of 2010, by section 52(1)(d) of Act 31 of 2013, by section 2 of Act 33 of 2019 and by section 3(a) of Act 4 of 2026]

 

 

(2D)  Any public benefit organisation contemplated in subsection (1)(b), in respect of any amount that is not distributed as required by subsection (2A)(b)(i), shall distribute or incur the obligation to distribute all amounts received in respect of investment assets held by it, other than amounts received in respect of disposals of those investment assets to any public benefit organisation, institution, board or body contemplated in subsection (1)(a) or to any department contemplated in subsection (1)(c), no later than six months after—

 

(a)     every five years from the date on which the Commissioner issued a reference number referred to in subsection (2)(a)(i) to that public benefit organisation referred to in subsection (1)(b), if that public benefit organisation is incorporated, formed or established on or after 1 March 2015; or

 

(b)     every five years from 1 March 2015, if that public benefit organisation referred to in subsection (1)(b) was incorporated, formed or established and issued with a reference number referred to in subsection (2)(a)(i) prior to 1 March 2015.

[Subsection (2D) inserted by section 29(1)(b) of Act 43 of 2014 and amended by section 4(e) of Act 24 of 2020]

 

(3)     If any deduction is claimed by any taxpayer under the provisions of subsection (1) in respect of any donation of property in kind, other than immovable property of a capital nature where the lower of market value or municipal value exceeds cost, the amount of such deduction shall be deemed to be an amount equal to-

 

(a)     where such property constitutes-

 

(i)      a financial instrument which is trading stock of the taxpayer, the lower of fair market value of that financial instrument on the date of that donation or the amount which has been taken into account for the purposes of section 22(8)(C); or

 

(ii)     any other trading stock of the taxpayer (including any livestock or produce in respect of which the provisions of paragraph 11 of the First Schedule are applicable), the amount which has been taken into account for the purposes of section 22(8)(C) or, in the case of such livestock or produce, the said paragraph 11, in relation to the donation of such property; or

 

(b)     where such property (other than trading stock) constitutes an asset used by the taxpayer for the purposes of his trade, the lower of-

 

(i)      the fair market value of that property on the date of that donation; or

 

(ii)     the cost to the taxpayer of such property less any allowance (other than any investment allowance) allowed to be deducted from the income of the taxpayer under the provisions of this Act in respect of that asset; or

 

(c)     where such property does not constitute trading stock of the taxpayer or an asset used by him for the purposes of his trade, the lower of –

 

(i)      the fair market value of that property on the date of that donation; or

 

(ii)     the cost to the taxpayer of such asset, less, in the case of a movable asset which has deteriorated in condition by reason of use or other causes, a depreciation allowance calculated in the manner contemplated in section 8(5)(bB)(i); or

 

(d)     where such property is purchased, manufactured, erected, assembled, installed or constructed by or on behalf of the taxpayer in order to form the subject of the said donation, the lower of-

 

(i)      the fair market value of that property on the date of that donation; or

 

(ii)     the cost to the taxpayer of such property.

 

(3A)   If any deduction is claimed by any taxpayer under the provisions of subsection (1) in respect of any donation of immovable property of a capital nature where the lower of market value or municipal value exceeds cost, the amount of such deduction shall be determined in accordance with the formula:

 

A = B + (C x D)

 

in which formula:

 

(a)     “A” represents the amount deductible in respect of subsection (1);

 

(b)     “B” represents the cost of the immovable property being donated;

 

(c)     “C” represents the amount of a capital gain (if any), that would have been determined in terms of the Eighth Schedule had the immovable property been disposed of for an amount equal to the lower of market value or municipal value on the day the donation is made; and

[Paragraph (c) substituted by section 22 of Act 23 of 2020]

 

(d)     ‘D’ represents 60 per cent in the case of a natural person or special trust or 20 per cent in any other case.

[Paragraph (d) substituted by section 35 of Act 23 of 2018 effective on 17 January 2019]

 

(3B)   No deduction shall be allowed under this section in respect of the donation of any property in kind which constitutes, or is subject to any fiduciary right, usufruct or other similar right, or which constitutes an intangible asset or financial instrument, unless that financial instrument is-

 

(a)     a share in a listed company; or

 

(b)     issued by an eligible financial institution as defined in section 1 of the Financial Sector Regulation Act.

[Paragraph (b) substituted by section 29 of Act 43 of 2014 and section 35 of Act 23 of 2018 effective on 1 April 2018]

 

(4)     The provisions of section 30(10) shall apply mutatis mutandis in respect of any institution, board or body contemplated in subsection (1) (a).

[Subsection (4) substituted by section 3 of Act 44 of 2014 effective on 20 January 2015]

 

(5)     If the Commissioner has reasonable grounds for believing that any person who is in a fiduciary capacity responsible for the management or control of the income or assets of any public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation (other than an institution, board or body in respect of which subsection (5B) applies) has-

 

(a)     in any material way failed to ensure that the objects for which the public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or  organisation was established are carried out or has expended moneys belonging to the public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation for purposes not covered by such objects;

 

(b)     issued or allowed a receipt to be issued to any taxpayer for the purposes of this section in respect of any fees or other emoluments payable to that organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation by that taxpayer;

[Paragraph (b) amended by section 4(f) of Act 24 of 2020]

 

(c)     issued or allowed a receipt to be issued in contravention of subsection (2A) or utilised a donation in respect of which a receipt was issued for any purpose other than the purpose contemplated in that subsection; or

[Paragraph (c) amended by section 4(f) of Act 24 of 2020 and by section 3(b) of Act 4 of 2026]

 

(d)     failed to obtain and retain a certificate as contemplated in subsection (2B).

[Paragraph (d) added by section 4(f) of Act 24 of 2020 and substituted by section 3(c) of Act 4 of 2026]

 

(e)    . . . . . .

[Paragraph (e) added by section 4(f) of Act 24 of 2020 and deleted by section 3(d) of Act 4 of 2026]

 

the Commissioner may by notice in writing addressed to that person direct that-

 

(i)      any donation in respect of which a receipt was issued by that public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation during any year of assessment specified in that notice, will be deemed to be taxable income of that public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation in that year; and

 

(ii)     if corrective steps are not taken by that public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation within a period stated by the Commissioner in that notice, any receipt issued by that public benefit organisation, institution, board, body or agency, programme, fund, High Commissioner, office, entity or organisation in respect of any donation made on or after the date specified in that notice shall not qualify as a valid receipt for purposes of subsection (2).

[Subsection (5) substituted by section 26 of Act 31 of 2005, section 34 of Act 60 of 2008 and section 35 of Act 23 of 2018 effective on 17 January 2019]

 

(5A)  If the Commissioner has reasonable grounds for believing that any regulating or co-ordinating body of a group of public benefit organisations, institutions, boards or bodies contemplated in section 30(3A) or subsection (6) fails to –

 

(a)     take any steps contemplated in section 30(3A) or subsection (6), to exercise control over any public benefit organisation, institution, board or body in that group; or

 

(b)     notify the Commissioner where it becomes aware of any material failure by any public benefit organisation, institution. board or body over which it exercises control to comply with any provision of this section,

 

the Commissioner may by notice in writing addressed to that regulating or co-ordinating body direct that if corrective steps are not taken by that regulating or co-ordinating body within a period stated by the Commissioner in that notice, any receipt issued by public benefit organisations, institutions, boards or bodies in that group in respect of any donation made on or after the date specified in that notice shall not qualify as a valid receipt for purposes of subsection (2).

 

(5B)   If the Commissioner has reasonable grounds for believing that any accounting officer or accounting authority contemplated in the Public Finance Management Act or an accounting officer contemplated in the Local Government: Municipal Finance Management Act, 2003 (Act 56 of 2003), as the case may be, for any institution, board, body or department in respect of which those Acts apply, has issued or allowed a receipt to be issued in contravention of subsection (2A) or utilised a donation in respect of which a receipt was issued for any purpose other than the purpose contemplated in that subsection, and in the case of a department has not submitted a certificate contemplated in subsection (2C), the Commissioner-

 

(a)     must notify the National Treasury and the Provincial Treasury (if applicable) of the contravention; and

 

(b)     may by notice in writing addressed to that accounting officer or accounting authority direct that, if corrective steps are not taken by that accounting officer or accounting authority within a period stated by the Commissioner in that notice, any receipt issued by that institution in respect of any donation made on or after the date specified in that notice shall not qualify as a valid receipt for purposes of subsection (2).

[Subsection (5B) inserted by section 26(1)(g) of Act 31 of 2005 and amended by section 52(1)(h) of Act 31 of 2013 and by section 3(e) of Act 4 of 2026]

 

(5C)  If any public benefit organisation contemplated in subsection (1)(b), has not distributed amounts as contemplated in subsection (2D), or has not incurred the obligation to distribute those amounts received in respect of investment assets held by it, those amounts shall be deemed to be taxable income of that public benefit organisation in that year of assessment.

[Subsection (5C) inserted by section 29 of Act 43 of 2014 and substituted by section 34 of Act 25 of 2015 effective on 8 January 2016]

 

(6)     The Commissioner may, for the purposes of this section, approve a group of institutions, boards or bodies contemplated in subsection (1)(a)(ii), sharing a common purpose which carry on any public benefit activity under the direction or supervision of a regulating or co-ordinating body, where that body takes such steps, as prescribed by the Commissioner, to exercise control over those institutions, boards or bodies in order to ensure that they comply with the provisions of this section.

 

(7)     Any person who is-

 

(i)      in a fiduciary capacity responsible for the management or control of the income and assets of any public benefit organisation, institution, board or body contemplated in this section; or

 

(ii)     the accounting officer or accounting authority contemplated in the Public Finance Management Act or the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003), as the case may be, for any institution in respect of which that Act applies,

 

who intentionally fails to comply with any provisions of this section, or a provision of the constitution, will or other written instrument under which such organisation is established to the extent that it relates to the provisions of this section, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 24 months.