Nexus of Tax Law and Non-Profit Organizations: Incentives and challenges in compliance with tax laws by Public Benefit Organizations in South Africa: a scoping review

Abstract

This study examines the tax incentives and challenges faced by Non-Profit Organisations (NPOs) in South Africa, with a focus on those registered as Public Benefit Organisations (PBOs). NPOs play a vital role in addressing socio-economic issues, and serving vulnerable communities. While these organizations operate for non-profit purposes, the tax incentives provided by the government are crucial for their financial sustainability. Therefore, establishing a supportive tax framework is essential to promote their growth and operational capacity. A scoping review methodology was employed, analyzing literature on tax incentives and compliance challenges faced by South African NPOs from 2010 to 2023. Key provisions include income tax exemptions under Section 10(1)(cN), capital gains tax exclusions, and Section 18A tax-deductible donations. The study also explored the legal framework governing tax-exempt status and trading activities. Findings show that while tax incentives provide significant benefits, NPOs face challenges in maintaining compliance, such as complex regulations, limited financial resources, and a lack of expertise. Many struggle with differentiating between exempt and taxable activities. Strategies to address these issues include simplifying tax processes, enhancing financial management education, and improving communication between SARS and NPOs. Introducing user-friendly tax reporting systems and tailored support could further boost compliance and ensure NPOs maximize available benefits. These insights are valuable for policymakers and tax authorities seeking to strengthen the regulatory framework and support the growth of NPOs in South Africa.

Keywords: {'name': 'Non-Profit Organisation,'}, {'name': 'Public Benefit Organisation'}, {'name': 'Tax incentives'}, {'name': 'Tax Challenges'}

Authors & affiliations

Nompilo Sithole
Affiliation not supplied

Masibulele Phesa
Affiliation not supplied

Mabutho Sibanda
Affiliation not supplied

Deposited references

Supplied references, not a list of publications citing this article.

DOI: 10.1080/1364557032000119616

Banda, N. V. (2021). Tax exemptions to public benefit organisations: reform in respect of South African churches

Barnard, I. (2017a). The challenges of value-added tax compliance provisions for non-profit organisations: an explorative study University of Pretoria].

Barnard, I. (2017b). The Challenges of Value-Added Tax Compliance Provisions for Non-Profit Organisations: An Explorative Study. University of Pretoria (South Africa).

DOI: 10.17705/1CAIS.03412

DOI: 10.1093/oso/9780198758587.001.0001

DOI: 10.9774/GLEAF.4700.2007.su.00013

DOI: 10.1177/0899764019837602

Brewis, T., & Wyngaard, R. (2006). Non-Profit organizations in South Africa: Reaping the benefits of the income tax campaign. Int'l J. Not-for-Profit L., 9, 18.

Committee, T. D. T. (2018). THE PUBLIC BENEFIT ORGANISATION AND THE TAX SYSTEM [Report]. https://www.taxcom.org.za/docs/20180329%20Final%20DTC%20PBO%20Report%20to%20the%20Minister.pdf

Concar, D., & com Correspondent, E. Eco News Releases.

DOI: 10.1080/17549507.2020.1797165

DOI: 10.3389/fpsyg.2021.719907

Flores, C. A. (2017). The effect of augmentative and alternative communication on the receptive language skills of children with developmental disabilities: A scoping review. PQDT-Global.

DOI: 10.1136/bmj.38636.593461.68

Heeger, P. J. (2017). A critical analysis of the taxation applicable to South African sports organisations University of Cape Town].

Kamdar, M. (2013). Getting to grips with income tax and NGOs: tax professional. Tax Professional, 2013(3), 18-19.

Kunene, T. F. (2022). An evaluation of the possibility to abuse the PBO tax exemptions by religious organisations in South Africa North-West University (South Africa)].

DOI: 10.5901/mjss.2014.v5n20p676

Lestrade, I. E. (2022). The tax implications of profit share accrual for public benefit organisations in South Africa

DOI: 10.1007/s11301-021-00216-x

DOI: 10.32479/ijefi.16149

DOI: 10.1186/s12874-018-0611-x

Ngwara, K. (2020). An exploratory study of the experiences of refugees receiving assistance from Non-Profit Organisations (NPOs) in the City of Cape Town Metropolitean Area.

Omeri, L. K. (2014). Factors influencing financial sustainability of non-governmental organizations: a survey of NGOs in Nakuru County

DOI: 10.1002/jrsm.1123

DOI: 10.1007/s10750-011-0665-9

Rice, J. (2018). A critical analysis of the law that governs the taxation of public benefit organisations (PBOs): a case study of South Africa and Zimbabwe

Robina Galatas, A. (2018). A Scoping Review Mapping the Effects of Environmental Factors on Obesity Comparative Analysis of Mexico and the United States.

SARS. (2022a). Basic Guide to Section 18A Approval. 4th Issue(4th). https://www.sars.gov.za/wp-content/uploads/Ops/Guides/Legal-Pub-Guide-IT17-Basic-Guide-to-Section-18A-Approval.pdf

SARS. (2022b). Public Benefit Organisations. https://www.sars.gov.za/businesses-and-employers/tax-exempt-institutions/public-benefit-organisations/

SARS, L. C. (2017). Tax Exemption Guide for Public

Benefit Organisations in South Africa. Legal Counsel Income Tax, 5th issue(5). https://www.kaapkerkadmin.co.za/doks/PBO_2017.pdf

DOI: 10.15270/56-2-815

DOI: 10.12788/jhm.3248

DOI: 10.2478/jec-2019-0006

Warneke, D. (2014). Increased compliance burden on the cards for PBOs: public benefit organisations. Tax Breaks, 2014(347), 2-3.

Weber, T. O., Fooken, J., & Herrmann, B. (2014). Behavioural economics and taxation. European Commission Taxation Papers.

Williams, R. (2014). Securing tax exemption for the income of a public school and the tax deductibility of donations to the school: navigating the maze of South Africa's Income Tax Act: analysis. SA Mercantile Law Journal, 26(2), 498-514.

Wyngaard, R. (2011). Tax Benefits for Approved Public Benefit Organisations. In.