11 September 2025 – The South African Revenue Service (SARS) reminds trustees and the public of the official filing season for trusts that runs from 20 September 2025 to 19 January 2026.
All trusts must file a tax return annually, including those that are not economically active. A trust is included under the definition of a “person” in terms of the Income Tax Act, no.58 of 1962, and is therefore regarded as a taxpayer. A trustee is the representative taxpayer of a trust and is liable to file on behalf of the trust or appoint a registered tax practitioner to do so.
A provisional taxpayer is any person who receives income, or to whom income accrues, other than remuneration. Trustees should be aware of the requirements to submit provisional tax returns. In addition, trustees are also required to submit an IT3(t) third-party data return that provide details of amounts vested to beneficiaries. This return is due by 30 September 2025. For further details, visit the SARS website.
Trustees must submit their returns and mandatory supporting documents during filing. These documents include the trust instrument, annual financial statements, Letters of Authority, resolutions/minutes of trustee meetings, and an organogram depicting the beneficial ownership of the trust. Additionally, beneficiaries of trusts should declare their income, including income derived from a trust, in their personal income tax returns.
SARS has made it easy for taxpayers to comply through online filing. The Personal Income Tax Return (ITR12) and Trust Income Tax Return (ITR12T) are available on eFiling. Alternatively, an appointment to visit a SARS Service Centre can be made on the SARS website. Please take note that there are specific requirements should you wish to submit your tax return at a SARS Service Centre. Taxpayers are encouraged to refer to the SARS website for further information on their tax obligations, including trusts, and Provisional Tax.
SARS takes a zero-tolerance approach to taxpayers who do not register for the applicable tax, file tax returns, declare income accurately, or pay their tax debt. Non-compliance with these obligations is a criminal offence and will attract penalties and interest.
For more information, contact [email protected].
