Can a taxpayer transfer from one tax free investment to another without attracting penalties? The rule has changed from 1 March 2018 whereby a taxpayer may transfer from one tax free investment to another however SARS has raised a penalty herein.


Important:

This answer is based on tax law for the tax year ending 28 February 2020.

Answer:

Under section 12T(6) of the Income Tax Act, any—

  1. transfer of an amount in respect of a tax free investment of a person to another tax free investment of that person; or 

  2. amount received by or accrued in respect of a tax free investment,

shall not be taken into account in determining whether that person contributed in excess of the amounts contemplated in subsections (4)(a) and (c) as a contribution in respect of that other tax free investment. 

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