Gambling Tax South Africa 2019
The title says it all, but we’ll say it again, should a punter pay tax on his / her gambling winnings in South Africa? Well you’ve come to the right place to have that question answered. This is our guide to Gambling Tax South Africa
Before we get started we’d like to say we are not tax lawyers or accountants so please do your own research if you are making enough money that you think you should be paying tax. This post is meant as a guide for those who think they should and would like to do the right thing.
Gambling Tax in South Africa
Lottery winnings
Online casinos are perhaps the second most popular form of online gambling in South Africa that can win you a massive jackpot, and it’s not the first time someone has managed to cash out a huge sum. Hence, it is normal to ask, even in these scenarios, whether tax is applicable on these winnings.
Lottery wins are not included in an individuals taxable income and are generally exempt from taxes. You would need to declare the winnings to Sars however. They won’t tax it but they’d like to know about it!
In March 2019 we visited Cape Town to find out what it's like to live in a place that the World Bank calls the most unequal city in the world.directed by htt. Cape Town - Those who rake in gambling winnings of over R25 000, including payouts from the National Lottery, will from next year have to pay a 15 percent withholding tax, the Minister of Finance Pravin Gordhan announced in his Budget Speech on Wednesday.
Gambling winnings
We’re sure this is the reason why you are here. Gambling winnings and tax can get a bit murky and complicated so we’ll try keep it simple. We’re going to group winners into two different camps, the first being Joe Public who bets / goes to the casino every so often as a hobby and John Sharp who is a professional gambler who spends all his time playing poker and sipping cocktails at Kenilworth racetrack and is paying Gambling Tax.
Joe Public has a job and only gambles for fun and to try make some extra money. Joe is basically the majority of the gambling / betting population. He’ll have a few wins and lots of losses and won’t make enough to get SARS interested in taxing him. Now there are circumstances where Joe might have won R300000 on a pick 6 / blackjack and he is worried that the taxman will come chasing him for some Gambling Tax.
Fear not Joe, you are safe. SARS treats Joe Public’s winnings like it treats Lottery winners winnings as “It’s not a scheme of profit making”. Which means Joe Public will not have to pay tax but he should declare the winnings to SARS. Now if Joe keeps winning and decides that he can make money out it then he becomes John Sharp.
John Sharp is only in the business to make money off the casinos, bookies and dice rollers in his local alley. Because his business (well personal business) is to make money this makes him a Professional in the eyes of the Taxman, so what does this mean for John and the R200000 he won at Kenilworth thanks to a tip from his uncle? Well it mean’s he is going to have to declare those winnings making them subject to normal tax, on the bright side he can also claim losses on his tax which does make things a bit fairer.
Full time gamblers pay tax
For those of you who are full time punters / gamblers and are making a profit you should be declaring this to SARS and you will be taxed accordingly. These scale on what your income tax scales so you’ll need to refer to the SARS website for more details on what exactly one would need to pay if they profited R10000 or R1000000 in one month. You’d obviously pay more the more you profit.
We hoped this article was helpful and if you’d like more detailed information then we’d suggest giving your account a shout and he’d be able to explain things in more detail. Otherwise best of luck Joe and John, I hope you guys walk out with a healthy profit.
For more information please see the SARS website.
More on Best Sports Betting
If you have won a lottery prize in South Africa, you might be wondering if your winnings are going to be taxed. You can find out about the laws surrounding tax on lottery winnings on this page, and discover the different circumstances in which your winnings could be subjected to taxes, domestic or foreign.
Tax on Lottery Winnings
Simply put: there is no tax to pay on lottery prizes won in South Africa. Any amount of money won in a lottery is considered capital in nature and therefore exempt from Income Tax. Lottery prizes also benefit from a special exemption from Capital Gains Tax, meaning no tax is payable on lottery winnings of any size.
There is one rare exception to this. If you play the lottery or undertake any form of gambling professionally - and regularly win prizes to the extent that your winnings are your primary source of income - this money will be taxed just like other forms of income.
Even if you do not play the lottery professionally, it is nonetheless recommended that you notify the South African Revenue Service (SARS) of any prize won in order to avoid the chance of being unnecessarily taxed on your winnings in future.
Donations Tax
If you were to distribute any lottery winnings to friends or family, that amount may be subject to something called Donations Tax. Donations of up to R100,000 per year are tax-free, with any amount above this taxed at 20%.
Gambling Tax South Africa 2019 Public Holidays
For example, if you won R9,000 and gave R3,000 to a friend, that donation would be exempt from Donations Tax. On the other hand, if you won R400,000 and gave R150,000 to a friend, the Donations Tax to be paid would be R10,000 (20% of R50,000). It is the donor’s responsibility to pay the tax by filling in an IT144 tax form and submitting it to SARS before the end of the following month.
If you run a lottery syndicate in South Africa, this tax could affect the distribution of winnings to other syndicate members. Lottery tickets can only be owned by a single individual, and not collectively owned by a group. A syndicate is an agreement, outside of the National Lottery, to pool entry costs and split any prizes – meaning the responsibility for sharing prize money with other syndicate members rests with the named ticket holder. If each syndicate member receives more than R100,000, they would be liable to pay Donations Tax.
Taxation Abroad
If you are a non-resident of South Africa and you donate money to a South African resident, the money is exempt from Donations Tax, and neither party would have to pay.
If you play international lotteries from South Africa, there may be tax laws in those countries that come into effect before you receive your winnings. For example, the United States government imposes a 25% federal tax on any Mega Millions prize above $5,000.01, while the jackpot is subject to a 39% federal tax withholding. On top of that, each U.S. state has its own tax withholding on Mega Millions prizes won on tickets bought there.
Gambling Tax South Africa 2019 Schedule
Tax withholdings are so named because the taxed money is 'withheld' from the winner by the lottery provider in question; if you win the Mega Millions jackpot through a lottery concierge service, the 39% will already have been deducted when you collect your winnings. In the case of withholdings, you do not need to do anything further to honour the tax. Consult a financial advisor for further questions on your responsibility for foreign taxation.
If you were to claim any SA lottery winnings from abroad, you could be subject to taxation in your country of residence. Consult a financial advisor to find out more about the tax laws in your country.