Elightening - why SARS's increased focus on trusts - 11 May 2026

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Elightening - why SARS's increased focus on trusts

Don’t delay – submit your 2024 and 2025 trust tax returns before 4 May 2026 - 4 April 2026

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SARS recently introduced automated administrative penalties for trusts that fail to submit their income tax returns (ITR12T). These penalties follow a draft notice issued for public comment on 3 December 2025. The aim is to formalise penalties for trust non-compliance under Section 210(2) of the Tax Administration Act. No registered trust with the Master is exempt, regardless of whether trustees describe it as a “dormant” or “passive” trust. No trust is exempt. SARS is also relying on details of registered trusts received from the Master and third-party data providers, such as banks, to identify unregistered trusts.

Lessons learnt from the 2026 Financial Year and how Trusteeze can assist you during the 2027 Financial Year - 3 March 2026

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As the 2026 tax year concludes, one thing is clear: compliance is becoming more challenging. The days when trusts could be managed carelessly are gone. Trust service providers still spend countless hours trying to ensure compliance; in many cases, they do so unlawfully by retrospectively creating compliance documents such as resolutions and minutes of meetings. And what is worse, they cannot charge for their efforts! Although it remains the trustees’ duty, it often becomes your problem, and you may be blamed for non-compliance, which could harm your reputation.

2025 Year-End Review of the Fiduciary Landscape

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As we conclude another year in the fiduciary landscape, it is an apt moment to reflect on the progress, resilience, and collaboration that continue to define our industry. This year has been notable for the substantial regulatory changes and technological advancements that have strengthened governance and trust administration across South Africa.

Trustees should move now to avoid administrative penalties - 18 November 2025

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While the South African Revenue Service (SARS) has gradually introduced administrative penalties for late or non-submission of tax returns, starting with individuals and later extending to companies, trustees have so far remained penalty-free. SARS has been strengthening its enforcement measures and plans to extend penalties to trusts, recognising that hundreds of thousands of trusts are non-compliant.

Final, unchallengeable verdict on the number of trustees required to sign resolutions - 2 September 2025

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The courts recently caused significant uncertainty and anxiety regarding trustee decision-making. Since 2023, they have fluctuated between requiring all trustees to approve and sign trustee resolutions for transactions with third parties and recognising that a trust deed can specify the number of trustees needed to authorise transactions.

Exiting the greylist setting the tone for increased compliance efforts, also for non-compliant trustees - 28 October 2025

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The Financial Action Task Force (FATF) announced on 24 October 2025 that South Africa has been removed from the FATF greylist, also known as the “Jurisdictions under Increased Monitoring” list. This follows the conclusion of the FATF Plenary meetings, held from 22 to 24 October 2025 in Paris, France. South Africa was added to the greylist in February 2023 after the FATF conducted a mutual evaluation in November 2019 and published its report in October 2021.

Not clear if trustees have to comply with the Promotion of Access to Information Act (PAIA)

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A recent deadline for relevant entities to submit their PAIA Annual Returns by 30 June 2025 has raised the question of whether trusts are included among the entities covered by the PAIA. The PAIA’s primary aim is to grant individuals the right to access information held by both public and private bodies, thereby fostering a more transparent and accountable society. Section 32 of our Constitution states that “Everyone has a right of access to any information held by the state and any information held by another person that is required for the exercise or protection of any rights.”