21/05/2026
Is Your Trust Compliant?
From 4 May 2026, SARS has begun issuing automated penalties to trusts with outstanding income tax returns - and the consequences escalate quickly.
Under the latest Public Notice, once a final demand is issued, trustees have 21 business days to comply. Miss that window, and monthly penalties apply until all returns are submitted.
🔺 Penalties range from R250 to R16 000 per month
🔺 Capped at 35 months per outstanding return
🔺 Interest accrues daily on unpaid tax
A few key reminders:
• All trusts must file annually - even if dormant or inactive
• Trustees can be held personally liable for non-compliance
• A trust must be formally deregistered with SARS to end obligations
Jeneen's take: "From a structuring perspective, it’s also worth revisiting whether a trust remains the right vehicle for certain assets. For example, the R3 million primary residence CGT exclusion (confirmed in the recent Budget) generally does not apply to property held in a trust."
If your trust is not up to date, now is the time to address it - before penalties begin to compound.