South Africa: Persons required to submit third party returns

The South African Revenue Service published Notice 3631 listing the persons required to submit third party returns.

Persons required to submit third party returns

The South African Revenue Service (SARS) on 30 June 2023 published Notice 3631 listing the persons required to submit third party returns.

The notice replaces Notice 241 (dated 23 March 2018) for periods commencing on or after 1 March 2023.

The list of persons required to submit third party returns remains substantially the same, but the notice adds two new categories of persons to the list:

  • A person referred to in section 18A(1)(a) to (c) of the Income Tax Act, being public benefit organizations, section 10(1)(cA) bodies or government departments that have been approved under section 18A, that issued a receipt allowing for the deduction of donations made, in terms of section 18A(2) of the Act.
  • A 鈥渢rust鈥� as defined in section 1 of the Income Tax Act, that is a 鈥渞esident鈥� as defined in that section, or a non-resident that is required to submit an annual income tax return. Any collective investment scheme as defined in the Collective Investment Schemes Control Act, 2002, a 鈥減ortfolio of a collective investment scheme鈥� and any 鈥減ortfolio of a hedge fund collective investment scheme鈥� and an employment share incentive scheme trust are excluded. 

The notice also makes certain changes in relating to the third-party returns required to be submitted and provides information regarding when and how such returns must be submitted.

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