Trust Tax Season 2026 Is Now Open

“Trustees remain accountable for all tax matters of a trust, regardless of the economic activity of the trust.” (SARS)
Filing season for Trusts opened on 19 September 2026 and the closing date for Trusts to file is 22 January 2027 for both provisional and non-provisional trust taxpayers. Trustees and registered representatives should file the Income Tax Return for Trusts (ITR12T) within this period.
All registered resident Trusts and qualifying non-resident Trusts are required to submit returns in accordance with SARS’s filing requirements. For resident trusts, this obligation applies regardless of transactions or income, or whether they are active or passive, and even if they are considered “dormant”. Non-resident trusts must submit returns where they meet the applicable South African tax filing criteria.
Key changes and enhancements for 2026
The new penalty framework, which came into effect on 4 May 2026, applies to outstanding trust income tax returns for tax periods from 2024 onwards.
The ITR12T has also been enhanced to make it easier to comply with trust obligations and avoid administrative penalties for late or non-submission. These enhancements include:
- Income, vested amounts and certain expense information has been pre-populated with IT3(t) data to reduce duplication and improve accuracy.
- Beneficiary schedules on the ITR12T are also pre-populated using IT3(t) third-party data.
- Beneficial ownership founder questions have been enhanced to cater for cases where the founder is a legal entity that no longer exists, in addition to deceased natural persons.
- Tax practitioner contact details are now a mandatory field, facilitating effective communication between SARS and practitioners.
Nil returns and assessed-loss positions under the microscope
According to a 7 September press release, this filing season, “SARS will prioritise identifying, analysing, and resolving disparities detected in the submission of nil returns and assessed-loss positions.” SARS is especially keen to correct the misconception among trust taxpayers that passive trusts not actively used in the production of income may file nil returns: “The existence of passive assets does not relieve a trust from the obligation to disclose its assets, liabilities, and all relevant financial information.”
Taxpayers are reminded that all assets, including “dormant” or passive assets, must be disclosed. All income and expenditure relating to such assets (e.g. a holiday home or immovable property and the upkeep of such property) must be accurately declared. “Nil returns or assessed-loss positions must be fully supported by the trust’s records and underlying circumstances,” says SARS.
The buck stops with the trustees
SARS emphasises that “the responsibility for obtaining, maintaining, and updating accurate trust information rests exclusively with the trustees.” The Trust Property Control Act No. 57 of 1988 (TPCA) requires trustees to act with care, diligence, and skill in managing trust affairs. The “joint action rule” stipulates that co-trustees must act collectively in the administration of a trust.
Although trustees may appoint a tax practitioner to help administer the trust and fulfil its obligations, trustees remain legally liable and responsible for the trust’s tax compliance. This is not an idle threat: in some cases, trustees can be held personally liable for a trust’s tax obligations.
What you need to file an ITR12T trust tax return
Trustees should have these documents available when completing the ITR12T or when requested by SARS:
| 1 | Trust instrument
Latest trust deed or will
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| Certain transactions and financial flows
Income sources and distribution of income; proof of any tax credits
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2 | |
| 3 | Financial information
Annual financial statements / Annual administration accounts
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| Parties connected to a trust
Beneficial-ownership document, including detail per entity listed
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4 | |
| 5 | Other documents
Letters of Authority and minutes/resolutions of trustee meetings
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| Foreign trust documents (if applicable)
Controlled Foreign Company (IT10)
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6 | |
| 7 | Mining documents (if applicable)
Mining Schedule A and B
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Trustees must remember to report any changes to the registered details of a trust to SARS within 21 business days of the change. This includes changes to trustees, the representative taxpayer, contact details, physical or postal addresses, and any other registered particulars. “Failure to notify SARS of changes may constitute a criminal offence under section 234 of the Tax Administration Act.”
Have you missed this deadline?
The IT3(t) third-party data return was due for submission on 30 September 2026 for the 2026 year of assessment. This IT3(t) return must be submitted by representative taxpayers of trusts, containing “details of amounts vested in beneficiaries for a specific year of assessment. The IT3(t) return is used to populate beneficiaries’ tax returns with the amounts vested to those beneficiaries by the trust.”
If your trust missed this deadline, contact us without delay so we can assist you by taking immediate corrective action and avoiding compounding non-compliance penalties.
Deregistration of trusts
When a trust has effectively ceased to operate and has been terminated in accordance with the trust instrument and applicable law, trustees should take the necessary steps to deregister the trust with both the Master of the High Court and SARS. This is because a deregistration with the Master does not automatically mean deregistration with SARS – a trust must deregister with SARS by submitting a deregistration request, together with the required supporting documents.
We can help
Trust tax season can be complex, with significant penalties for non-compliance. Our team is experienced in keeping trusts compliant, reducing costs and preventing hassles with SARS. If you need assistance meeting the trust tax deadline on 22 January 2027, simply reach out to us. It’s the easiest way to survive this trust tax season, and those ahead.
Your Tax Deadlines for October 2026

- 07 October: PAYE submissions and payments
- 23 October:
- End of Personal Income Tax Filing Season 2026 for non-provisional taxpayers
- VAT manual submissions and payments
- 29 October: Excise duty payments
- 30 October:
- VAT electronic submissions and payments
- CIT Provisional Tax payments where applicable
Win the War for Talent Without Paying Enterprise-Level Salaries

“Recognise flexibility as a selling point. Generally speaking, top talent wants the option to crunch numbers at a coffee shop or stay in their slippers at home.” (Kevin Kuske)
Every small business owner knows the feeling: a promising candidate sails through the interview process, everyone loves them … And then a bigger company swoops in with a salary offer that simply can’t be matched.
It’s easy to assume the fight for talent is over before it starts. But compensation is only one variable in a much larger equation. In addition to cold hard cash, candidates today are looking for flexibility, growth potential, purpose, and how much their work actually matters. These are all areas where lean, close-knit companies often outperform corporate giants.
Business advisors, HR experts, and small-business owners increasingly agree: the “war for talent” isn’t only won with bigger paychecks. It’s won by understanding what employees genuinely value and building an offer around it. Here are our 8 tips.
1. Lead with flexibility
Flexible work arrangements have become one of the most powerful, low-cost tools available to small employers. Staffing firm Spherion notes that many candidates weigh flexibility and growth opportunities just as heavily as salary, and that smaller companies tend to have far more room to build compelling offers around said flexibility. Data backs this up: research from the Harvard Business School found that a significant proportion of employees would accept a pay cut just to keep their remote work arrangement.
2. Make company culture your differentiator
Culture is a genuine competitive advantage for small teams. As staffing firm Beacon Hill notes, many professionals actually prefer working at smaller companies where they can see the direct impact of their work. Business owners who can’t win on salary may still win by offering something large employers structurally can’t: proximity to leadership, visibility, and a relaxed work-life balance. Small companies should lean into this rather than apologise for their size. Job postings, interviews, and onboarding should all reflect the authentic, non-corporate environment.
3. Prioritise cultural fit as much as skill
Hiring for the right personality can matter more than choosing the candidate with the most impressive CV. PureWow CEO Ryan Harwood has said he’d rather bring on someone slightly less talented who fits the culture perfectly than someone highly talented who doesn’t mesh with the team. For small businesses, where every hire has an outsized impact on daily operations, getting the right fit is doubly important.
4. Invest in growth and development
Career growth is one of the most persuasive, and least expensive, tools a small business has. The Small Business Association of Michigan points to LinkedIn’s Workplace Learning Report, which found that 94% of employees said they would stay at a company longer if it invested in their career development. Mentorship, cross-training, and covering the cost of a certification or course all send the same message: this company is invested in where you’re headed, not just what you can do for it today.
5. Recognise and reward often, informally and formally
Recognition costs a little and matters a lot. The Small Business Association of Michigan also recommends building in low- or no-cost perks. A relaxed dress code, team activities, a pet-friendly workplace, alongside regular recognition programs and small rewards to boost morale are all great ideas. Because small teams are more visible to leadership day-to-day, recognition can be personal and immediate rather than buried in an annual review cycle. A spontaneous gesture from the boss is often more meaningful to employees than the corporate version of the same action.
6. Move fast and communicate clearly during hiring
Large companies are often slowed down by layers of approval. Small businesses can turn speed into a selling point. Business.com points out that while a small business likely can’t offer the highest salaries in its market, it can offer the fastest hiring process. On top of speed, simple communication matters. Saïd Eastman, of JobsInTheUS.com, highlights how something as small as an automatic application confirmation, or a real phone number candidates can call with questions, signals respect for applicants’ time, and sets a small business apart.
7. Build the whole compensation picture, not just the base salary
Salary is only one line item in total compensation. HireHive’s guidance for small employers stresses looking at the entire compensation package, including health insurance, retirement contributions, flexible time off, and remote-work stipends. This can meaningfully close the gap between a small business’s offer and a larger competitor’s, without requiring the same payroll spend. That’s not to say salary isn’t important: the number you offer has to be realistic, of course.
8. Treat staffing as flexible, not fixed
Not every role needs to be a full-time hire on day one. Robert Half’s research into small-business staffing points back to management theorist Charles Handy’s “shamrock organization” model, blending core full-time staff with contractors and outsourced specialists, as a way to access skilled talent without committing to enterprise-level headcount costs. This approach lets small businesses bring in specialised expertise for a project or busy season, then scale back down, all while keeping the core team lean and well cared for.
