Donations Tax

SOUTH AFRICA

DONATIONS TAX AND ASSOCIATED REGULATIONS

 

A “Donation” is the gratuitous disposal of a property in this case, without expecting something in return.

Donations tax applies to any individual, company or trust that is a resident as defined in section 1 of the Income Tax Act, 1962.

 

INDIVIDUALS

Donations by individuals: the first R100 000 of any bona fide donation will be free of donations tax. It should be noted that this amount is the maximum allowed (in totality) per year of assessment.

In other words, any tax free donations made by the donor, to individuals or otherwise, are capped at a TOTAL of R100 000 per year

A record of all donations, whether taxable or not, should be submitted on Form IT144.

 

A donation will be exempt if the total value of donations for a year of assessment does not exceed:

  • Casual gifts by companies and trusts: R10 000.
  • Donations by individuals: R100 000 (2008 to 2013 years of assessment) (section 56(2) (a) and (b)).

 

Amounts that exceed R100 000 for individuals are liable for 20% Donations Tax:

For amounts greater than R100 000 the person making the donation (donor) is liable for the tax but if the donor fails to pay the tax within the set period, the donor and donee are jointly and severally liable for the tax (section 59).

After making a donation you should fill in Form IT144 (Declaration by donor/donee) and send it to SARS with your payment.

Donations tax must be paid by the end of the month following the month during which the donation takes effect or such longer period as SARS may allow (section 60(1)). Payment must be accompanied by Form IT144 (section 60(4)).

IT144: http://www.sars.gov.za/AllDocs/OpsDocs/SARSForms/IT144%20%20Declaration%20by%20Donor%20-%20External%20Form.pdf

REFERENCES

  1. http://www.cover.co.za/general/donations-tax
  2. https://www.saica.co.za/integritax/2014/2325._Donations.htm
  3. https://en.wikipedia.org/wiki/Law_of_persons_in_South_Africa#Natural_and_juristic_persons

UNITED STATES

In general, contributions to charitable organizations may be deducted up to 50 percent of adjusted gross income computed without regard to net operating loss carrybacks. See more HERE.

REFERENCES

  1. Tax Information for Contributors
  2. Eight Tips for Deducting Charitable Contributions
  3. Organizations Eligible to Receive Tax-Deductible Charitable Contributions
  4. Filing Requirements and Required Disclosures

FAQ Donations

SOUTH AFRICA

Where can I find out about Donations tax?

You can go to the SARS website

and you can download the LAPD-IT-G17 – Basic Guide to Tax Deductible Donations – External Guide here

 

How much can I donate without incurring donations tax?

A donation will be tax exempt if the total value of donations for a year of assessment does not exceed:

  1. Casual gifts by companies and trusts: R10 000.
  2. Donations by individuals: R100 000 (2008 to 2013 years of assessment) (section 56(2) (a) and (b)).

 

How will I know how much I have donated at any one time?

You will receive a monthly statement by email.

 

What happens when I have reached my R10,000 and R100,000 limits?

Once you have reached your R10,000 and R100,000 limits, you will be notified by email. You will then be responsible for managing any beneficiaries linked to any of your products and also for any tax implications as described here

 

Do I need to issue a tax donation certificate?

If your beneficiary requests one, you will be required to provide one.

 

What details must be put on the section 18A receipt?

A taxpayer will only be allowed to claim a deduction for a donation to a section 18A approved organisation if it is supported by a receipt issued by the organisation. The receipt issued by the organisation must include the following details:

  1. The reference number of the organisation issued to it by the Commissioner for purposes of section 18A;
  2. The date of the receipt of the donation;
  3. The name and address of the organisation issuing the receipt to which enquiries may be directed;
  4. The name and address of the donor;
  5. The amount or nature of the donation if not in cash;
  6. Certification that the receipt is issued for the purpose of section 18A and that the donation will be used exclusively for the activities which are approved for section 18A purposes;
  7. The receipt must be issued in the year when the donation is received by the organisation approved for purposes of section 18A.

These details can be found on the SARS site

Example:

section-18a-cert

Can I donate to anyone outside of my country?

No. Your beneficiary will have to provide banking details local to your country. No international payments will be allowed.

 

Who can I donate to?

You can make donations to anyone EXCEPT:

  • Political parties or affiliated companies
  • Any Religious institutions
  • Government institutions that are not Non-profit organisations
  • Any organisation or company that is operating illegally in any manner whatsoever.
  • Any organisation that has any links to theft, terror or drug or human trafficking.

 

How many donation beneficiaries can I have?

You can have up to FIVE beneficiaries.

 

How long will it take to register a beneficiary?

It will take 3 – 5 working days for South Africa. 3 – 10 working days for the USA.

 

Can I make anonymous donations?

No.

 

Is there a charge for making or receiving a donation ?

No there is no charge.

 

How do I go about changing one or more of my beneficiaries?

You will need to send an email to admin@yummymummyz.co.za requesting the changes.

 

How many times can I change my beneficiaries?

Each beneficiary can be changed once.

 

As a donor, if I wish to claim tax deductions, who can I donate to?

Donor Tax deductions (South Africa)

To whom can you donate? Qualifying organisations

 

UNITED STATES

 

 

 

 

FAQ Selling

How are sales processed?

When someone makes a purchase from your store, you’ll immediately receive an email notification of the purchase. It will include all the order details, and give you a link to view the order on your account. At this point, payment has been made (through a secure payment gateway), so you can go ahead and process the order from your side, safe in the knowledge that it’s been paid for. Which brings us to…

 

How do I get paid out for sales?

We do payouts every Tuesday directly into your bank account.

 

Why am I charged commission on my shipping costs?

We charge commission on the final order total, which does include the cost of the shipping. You will find that all other marketplaces do the same. There are three reasons for this:

  1. First being, we ourselves get charged a transaction fee on the total amount from the banks – they don’t discount for the cost of shipping from processing charges, for which we pay a percentage of the total amount being processed..
  2. The second reason is that if we didn’t charge commission on shipping, we would be effectively penalising the designers who subsidise the shipping costs or offer their customers free postage.
  3. Third, if we didn’t charge commission on shipping we run the risk of people abusing the system by hiking up their shipping fee and lowering their item price. Besides hurting Yummymummyz as a small business too, it would turn customers away in a hurry, because they hate having to pay extra for shipping.
  4. We hope that this makes sense and you understand. It’s unfortunate, but also necessary.

FAQ Buying

As soon as I add a product of one currency to my cart, all products of other currencies are greyed out. Why?

The limitation of a single currency purchase is to streamline the checkout process. Once your cart has been cleared you can continue shopping in another currency

.

Why am I being charged shipping twice?

If you have added two products from two different stores to your cart, you will be charged shipping from each store.

Copyright policies

What are copyright policies?

A large number of very varied products are offered on Yummymummyz by private individuals. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Yummymummyz.

To report an infringement please follow below:

In order to participate in the Notice of Infringement Programme, you only need to complete a Notice of Infringement Form found via this link:

http://yummymummyz.co.za /NTD.pdf

and fax it to Yummymummyz. You can use this form, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable Yummymummyz to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Yummymummyz via the e-mail address provided.

Note! This form can only be used by the lawful owners of the intellectual property rights. “Notice of Infringement” is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties. For all other questions, visitors and advertisers can get Help using Yummymummyz Help.

Privacy policy

Privacy Policy for Yummymummyz ZA

 

Posted and effective for new users: 03/11/2015

 

Table of contents

General

What personal information do we collect

How we use your personal information

Marketing Purposes

Cookies

Access to, review and rectification of your personal information

Protection and retention of your personal information

Other Information

  1. General

 

This privacy policy describes the policy of Yummymummyz.co.za regarding the collection, use, storage, sharing and protection of your personal information (“Privacy Policy”). This Privacy Policy applies to the Yummymummyz.co.za website (“Website”) and all related websites, applications, services and tools where reference is made to this policy (“Services”), regardless of how you access the Services.

Scope and consent: By using the Website and related Services, you give explicit consent to Yummymummyz.co.za for the collection, use, disclosure and retention of your personal information by us, as described in this Privacy Policy and our Terms of Use.

 

We may change this Privacy Policy from time to time. We advise you to read it regularly. Substantial changes to our Privacy Policy will be announced on our Website. The amended Privacy Policy will be effective immediately after it is first posted on our Website.

 

  1. What personal information do we collect

 

You can visit our Website without registering for an account. When you decide to provide us with your personal information, you agree that such information is sent to and stored on our servers. We collect the following types of personal information:

 

Information we collect automatically: When you visit our Website, use our Services and/or reply to ads or other content, we automatically collect the information sent to us by your computer, mobile device or other equipment that provides access. This information includes, but is not limited to:

information from your interaction with our Website and Services, including, but not limited to, device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the Website, referring URL, ad data, IP address and standard web log information;

and information we collect through cookies, web beacons and similar technologies.

Information you provide to us: We collect and store any information you enter on our Website or that you provide to us when you use our Services. This information includes, but is not limited to:

  • information that you provide to us when you register for an account or for the Services that you use;
  • additional information that you may provide to us through social media sites or third party Services;
  • information provided in the context of dispute resolution, correspondence through our Website or correspondence that is sent to us; and
  • information about your location and the location of your device, including your device’s unique identifier information if you have enabled this service on your mobile device.
  • Information from other sources: We may receive or collect additional information about you from third parties and add this to our account information. This information includes, but is not limited to: demographic data, navigation data, additional contact data and additional data about you from other sources, such as public authorities, to the extent permitted by law.

 

  1. How we use your personal information

 

You agree that we may use your personal information (see above) for the following purposes:

to provide you access to our Services and Customer Support by means of e-mail or telephone;

to prevent, detect and investigate potentially prohibited or illegal activities, fraud and security breaches and to enforce our Terms of Use ;

to personalize, measure and improve our Services, content and ads;

to contact you, by e-mail, push notification, text message (SMS) or by telephone, to inquire about our  for the purpose of targeted marketing activities, updates, and promotional offers based on your message preferences (where applicable), or for any other purposes as set forth in this Privacy Policy; and

to provide you with other services that you have requested, as described when we collected the information.

Sharing information with and registration on social media sites: We may offer sign-on Services that enable you to access the Website or related websites with your login credentials. We can also offer Services that enable you to share information with third party social media websites, such as Facebook, Google Plus and Twitter.

 

If you provide us access to personal information stored on third party websites, the scope of access to this personal information shall vary per website and will be determined by both your own browser settings and your consent. If you wish to connect your third party account to your  account with us and you consent to us accessing the information in these third party accounts, you agree that we can collect, use and store information from this third party website in accordance with this Privacy Policy.

 

Transfer of your personal information to third parties: We may disclose your personal information to third parties in accordance with this Privacy Policy and applicable legislation and regulations. As further described under Section 4, we will not disclose your personal information to third parties for their marketing purposes without your explicit consent. We may share your personal information with:

  • service providers with whom we have entered into an agreement to help us provide our Services on the website, such as financial service providers, marketing agencies and technical support.
  • certain third parties (such as intellectual property rights holders, supervisory authorities, tax authorities, police and other regulatory authorities) if we are required to do so by law, or in accordance with our Privacy Policy. We may share your personal information:
  • to comply with legal obligations or a court order; or
  • if this is necessary for the prevention, detection or prosecution of criminal offenses, such as fraud, deceit or prosecution, or
  • if it is necessary to maintain our policies or to protect the rights and freedoms of others.
  • other third parties to whom you have given consent to share your information via [same as above], e.g. in the framework of a cooperation;
  • companies that we intend to merge with in the context of a reorganization or that acquire us;
  • an intellectual property owner if the owner of an intellectual property right or an intermediary in good faith believes that an advertisement violates the rights of the owner. Before personal information is provided, the IP owner will enter into an agreement that, inter alia, stipulates that information is only provided on the strict condition that it may only be used in the context of legal proceedings and/or obtaining legal advice and/or to answer questions from the relevant advertiser

Without limitation to the foregoing, we shall moreover – in our efforts to respect your privacy and to keep the website free of malicious persons or parties – not disclose your personal information to third parties without a court order or formal request from the government in accordance with applicable law, unless we believe in good faith that such disclosure is necessary to prevent impending injury or financial damages or to report alleged illegal activities.

 

Information you share on this Website: Our Website allows users to share advertisements and other information with other users, thereby making this shared information accessible to other users. Since our Website also enables you to directly contact a buyer or seller, we recommend that you consider how you share your personal information with others. You are solely responsible for the personal information you share through our Website and therefore we cannot guarantee the privacy or security of the information shared by you with other users.

 

In case you visit our Website from a shared computer or a computer in an internet café, we strongly recommend that you log off after each session. If you do not want the shared computer to remember you and/or your credentials, you will need to remove cookies and/or the history of your website visits.

 

  1. Marketing Purposes

 

We will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our Services and functionalities.

 

When you no longer wish to receive marketing communications from us, you can, where applicable, change your preferences by logging into your account, or follow the unsubscribe link in the marketing communication you received.

 

  1. Cookies

 

When you use our Services, we and our service providers may place cookies (data files on your phone or mobile device’s drive) or web beacons (electronic images that are placed in a web page’s the code) or similar technologies. We use cookies to help us identify you as a user, to provide you a better experience on our Website, to measure promotional effectiveness and to ensure trust and safety on our Website. For more detailed information about our use of these technologies, we refer you to our Policy on Cookies, Web beacons and Similar Technologies.

 

  1. Accessing, Reviewing and Changing Your Personal Information

 

We cannot modify your personal information or account information. You can modify your own information by logging into your account. When you place a classified ad, you may not be able to change your listing or delete your message. If you want to close your account (where applicable) with us, please send us a request to us here. We will process your request within a reasonable period of time and process your personal information in accordance with applicable law. We may charge a fee to compensate costs; however the fee shall not exceed the amount permitted by law. If your information is factually incorrect or incomplete or irrelevant for the purposes for which we process your information, you can request us to modify or delete your information. If you have any questions, please contact us with the subject line ‘Request Privacy Policy’via the Contact Form.

 

  1. Protection and retention of your personal information

 

We protect your information by using technical and administrative security measures (such as firewalls, data encryption, and physical and administrative access controls to the data and servers) that limit the risk of loss, abuse, unauthorized access, disclosure, and alteration. Nevertheless, if you believe your account has been abused, please contact us through the Contact Form.

We retain personal information no longer than is legally permissible and delete personal information when it is no longer necessary for the purposes as described above.

 

  1. Other information

 

Abuse and unsolicited commercial communications (“spam”): We do not tolerate abuse of our Website. You do not have permission to add other users to your mailing list (e-mail or postal) for commercial purposes, even if a user has purchased something from you, unless the user has given his explicit consent. If you notice that someone is abusing our Website (spam or spoof emails), please notify us.

 

It is not allowed to use our member-to-member communication resources to send spam or content that violates our Terms of Use in any other way. For your security, we may scan messages automatically and check for spam, viruses, phishing and other malicious activity or illegal or prohibited content. We do not permanently store messages sent through these resources.

 

Third Parties: Unless explicitly provided otherwise in this Privacy Policy, this Privacy Policy applies only to the use and transfer of information we collect from you. We have no control over the privacy policies of third parties that may apply to you. When we work with third parties or use third party tools to provide certain services, we will explicitly indicate which privacy policy applies to you. We therefore encourage you to ask questions before you disclose your personal information to others.

Terms of Use

Yummymummyz Terms of Use.

 

These terms are effective November 3rd, 2015

 

Introduction. Welcome to www.Yummymummyz.co.za (“Yummymummyz”). By accessing Yummymummyz you are agreeing to the following terms, which are designed to make sure that Yummymummyz works for everyone. This policy is effective November 3rd, 2015.

 

Using Yummymummyz. As a condition of your use of Yummymummyz you agree that you will not:

  • violate any laws;
  • violate the Posting Rules;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • be false or misleading;
  • infringe any third-party right;
  • distribute or contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Yummymummyz or the interests or property of Yummymummyz users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of Yummymummyz;
  • copy, modify, or distribute any other person’s content without their consent;
  • use any robot spider, scraper or other automated means to access Yummymummyz and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to Yummymummyz.

You are solely responsible for all information that you submit to Yummymummyz and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete or take-down content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of the site either temporarily or permanently, or refuse a user’s registration.

 

Abusing Yummymummyz. Yummymummyz and the Yummymummyz community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

 

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Yummymummyz if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Yummymummyz or not, we do not accept any liability for monitoring Yummymummyz or for unauthorized or unlawful content on Yummymummyz or use of Yummymummyz by users. You also recognise and accept that Yummymummyz is not under any obligation to monitor any data or content which is submitted to or available on the site.

 

Global Marketplace. Some of Yummymummyz’s features may display your ad on other sites that are part of the global eBay community, like on eBay or our classifieds sites in other countries. By using Yummymummyz, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad on another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is reported on any our sites, or if we believe it causes problems or violates any law or policy.

 

Fees and Services. Using Yummymummyz incurs a commission charge of 5%. Our fees are quoted in South African Rands, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

 

Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

 

Content. Yummymummyz contains content from us, you, and other users. Yummymummyz is protected by copyright laws and international treaties. Content displayed on or via Yummymummyz is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Yummymummyz without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Yummymummyz. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Yummymummyz (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.

 

Infringement. Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). A large number of very varied products are offered on Yummymummyz by private individuals in South Africa. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Yummymummyz.

 

Reporting an infringement:

 

In order to participate in the Notice of Infringement Programme, you only need to complete a Notice of Infringement Form and fax it to Yummymummyz. You can use this form, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable Yummymummyz to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Yummymummyz via the e-mail address provided.

 

Note: This form can only be used by the lawful owners of the intellectual property rights. “Notice of Infringement” is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties.

 

For all other questions, visitors and advertisers can get Help by using this knowledge base or opening a Case

 

Liability. You agree not to hold us responsible for things other users post or do.

 

We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on Yummymummyz comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.

 

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.

 

We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected.

 

While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

 

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Yummymummyz, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

 

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, delict, negligence, strict liability in delict, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 South African Rands.

 

Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees.

 

Personal Information. By using Yummymummyz, you agree that you are giving your voluntary and informed consent to the collection, transfer, storage and use of your personal information by Yummymummyz on servers located in the European Union, United States and other locations as further described in our Privacy Policy. You also agree that you are giving your voluntary and informed consent to receive marketing communications from us unless you tell us that you prefer not receive such communications.

 

Security. In order to ensure the security and reliable operation of the site for all users, Yummymummyz reserves the right at its discretion to take whatever action it finds necessary to preserve the security, integrity and reliability of its network and back-office applications. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Yummymummyz and its affiliates, agents and/or partners.

 

Resolution of disputes

 

If a dispute arises between you and Yummymummyz, we strongly encourage you to first contact us directly to seek a resolution by going to the Yummymummyz Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

 

General.

 

These terms and the other policies posted on Yummymummyz constitute the entire agreement between Yummymummyz and you, superseding any prior agreements.

 

If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

 

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the site, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.