11/08/2026
A provision in the draft 2026 Taxation Laws Amendment Bill may significantly increase the tax cost of donations made to a non-resident spouse.
The proposed amendment is intended to close a perceived loophole where spouses stagger their emigration dates to reduce tax on inter-spousal transfers.
However, the underlying capital gains exposure this targets has already been fully taxable for years under existing legislation - raising questions about whether the amendment achieves its stated policy objective or simply adds a further layer of tax on top.
Of particular concern: the amendment is backdated to 25 February 2026.
Donations already made this year could be retrospectively affected, potentially with a donations tax filing deadline that predates the Bill itself.
Leap Group South Africa unpacks the mechanics of the change, illustrates the real-world tax cost with a worked example, and outlines the planning considerations for anyone navigating emigration alongside their spouse.
Read More: https://leapgroup.co.za/blog/treasury-s-draft-tax-bill-could-cost-you-a-third-of-any-gift-to-a-non-resident-spouse