South African Revenue Service (Sars) commissioner Pravin Gordhan is to be asked by South Africa’s official opposition whether the Friends of Jacob Zuma Trust has been registered as a non-profit organisation and whether Sars would pursue any donors who made donations to the trust for a donations tax.
Democratic Alliance (DA) shadow justice minister Sheila Camerer said in a statement on Monday: “There are a number of legal implications that arise from Jacob Zuma’s decision to form the Friends of Jacob Zuma Trust — into which donations towards his trial expenses can be paid.”
Zuma’s trial for alleged corruption has been delayed until next month.
Camerer said the implications are first: “If the trust is essentially a fund-raising body, it would have to be officially registered as a non-profit organisation, and shown to have a public benefit, in order for donations paid into it to be exempt from tax.
“On the available evidence it appears hard to argue that the fund would qualify as such. Second, if the trust is not registered as a non-profit organisation, then every donation is subject to a donations tax of 20%.
“I will today write to the commissioner for the South African Revenue Service, Mr Pravin Gordhan, to ask whether the trust in question has been registered as a non-profit organisation and, if not, whether Sars will pursue any donors who make donations into the trust for a donations tax.”
The definition of a non-profit organisation, according to Section 1(1)(x) of the Non-Profit Organisations Act 71 of 1997, is: “A trust, company or other association of persons established for a public purpose; and the income and property of which are not distributable to its members or office-bearers except as reasonable compensation for services rendered.”
According to the Friends of Jacob Zuma website, the trust was registered with the Master of the Supreme Court on July 13 last year, although it does not say in what capacity it was registered. The members of the board of trustees were Don Mkhwanazi, Fikile Slovo Majola and Sizwe Shezi.
The site states that “funds from the trust account will be routed directly to the legal team acting for Jacob Zuma in the corruption trial”.
Camerer said: “Quite clearly, the purpose of Jacob Zuma’s trust would not be to benefit the public, nor would the money generated by the trust be distributed to its members. In fact, quite the opposite would be true: its sole purpose would be to fund the private interests of Jacob Zuma, its sole beneficiary.”
In short, there is no public benefit from the trust, said Camerer.
“However, this is not made clear on the website, or to the public, and people who donate probably do not realise they are subject to a donations tax. Section 54 of the Income Tax Act states that any property (or money) disposed of by way of a donation by a legal person — which includes private companies — is subject to a donations tax. That tax currently stands at 20%.”
According to Section 60 of the Act, donations tax must be paid to Sars within 90 days of the date of the donation, Camerer pointed out. If the payment is not made timeously, the donor may become liable for penalties and these monies may be recovered from the assets of the corporation.
“Further, if the donations tax is not paid within the prescribed period, the donor and the recipient become jointly and severally liable for the unpaid tax. The website promises quarterly audited reports on the trust’s finances. To date, however, these do not appear to have been forthcoming.” — I-Net Bridge