SARS warns trustees: Don't risk penalties this filing season
Tax The South African Revenue Service (SARS) has issued a firm reminder to trustees across the country
Image: Freepik
The South African Revenue Service (SARS) has issued a firm reminder to trustees across the country that the 2025 trust filing season will officially open on 20 September 2025.
In a statement issued to the media on Thursday, the revenue service said 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".
The tax collector also reminded trustees of their responsibility to submit provisional tax returns, where applicable. Provisional taxpayers include any person or entity receiving income other than standard 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".
Furthermore, SARS also emphasised that "Trustees must submit their returns and mandatory supporting documents during filing, adding that 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".
The revenue service added that "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".
"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".
mthobisi.nozulela@iol.co.za
IOL Business