What is the impact of Section 7 3 of the Income Tax Act?

Asked by: Remington Braun  |  Last update: February 11, 2026
Score: 5/5 (11 votes)

Section 7(3) of South Africa's Income Tax Act (ITA) is an anti-avoidance rule that stops parents from shifting income to their minor children (who are in lower tax brackets) by making donations or settlements, imputing that child's income back to the parent for tax purposes to prevent tax evasion and maintain the integrity of progressive tax rates. Its impact is significant, as any income a minor child earns because of a parent's gift (like interest from invested gifts) is taxed at the higher parent's rate, not the child's.

Which of the following correctly describes the impact of section 7(3) of the Income Tax Act?

Section 7(3) of the Income Tax Act 58 of 1962 counters income splitting arrangements by imputing income received by a minor child by reason of a donation, settlement or other disposition made by the minor child's donor parent to such donor parent, thereby subjecting the imputed income to the donor parent's normal tax ...

What is Section 7 of the Income Tax Act?

BACKGROUND: Section 7 of the Income Tax Act 58 of 1962 (the Act) was introduced as an anti-avoidance measure to prevent tax avoidance by means of a donation, settlement or other disposition in various types of schemes.

What is Section 7 of the tax Management Act 1970?

Under Section 7 TMA 1970 a person who has not been issued with a return by HMRC is obliged to notify us if they have a liability to Income Tax or Capital Gains Tax. This notification should be made no later than 5 October after the end of the relevant tax year.

What is the tax on deemed income under Section 7E?

7E Deemed Income Tax is calculated as 5% of the fair market value (FMV) of these assets, as notified by the Federal Board of Revenue (FBR Values), with this income then subjected to a 20% tax rate. Essentially, this results in a 1% effective tax on the FBR value of the property.

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15 related questions found

How to get 40% discount on PMC property tax?

To get the 40% PMC property tax discount in Pune for self-occupied residential property, you must submit the PT3 application form with proof of self-occupancy (like Aadhaar, Voter ID) at PMC centers or online, especially if registered after April 1, 2019, or if you missed it; otherwise, properties registered before April 2019 get it automatically, while new properties need documentation. 

Does deemed income affect eligibility?

1. Deemed income and/or resources can cause an SSI recipient who meets all other SSI eligibility criteria to be ineligible. This may occur at the time of initial application, or at any other point at which a recipient becomes subject to deeming rules (i.e., when a recipient marries).

How to avoid the 60% tax trap in the UK?

Beating the 60% tax trap: top up your pension

One of the simplest ways to avoid the 60% income tax trap is to pay more into your pension. This is a win-win, because you reduce your tax bill and boost your retirement fund at the same time. Here's an example. You get a £1,000 bonus, which takes your income to £101,000.

What is the 7th provision of income tax?

Yes, the 7th proviso to Section 139(1) is applicable in certain cases. If you have spent Rs. 2 lakh or more on international travel or incurred high-value expenses such as electricity bills or luxury spending, you are required to file an Income Tax Return—even if your income is below the exemption limit.

What is the 5 year rule for tax in the UK?

If you return to the UK within 5 years

You may have to pay tax on certain income or gains made while you were non-resident. This doesn't include wages or other employment income.

What is the 7th section of Income Tax Act?

Income Deemed to be received in India – Section 7 of Income Tax Act 1961. Contribution in excess of 12% of salary to recognized PF by the employer or interest credited in excess of 9.5% p.a. in a recognized Provident Fund.

Which donation is eligible for 100% deduction?

100% Deduction (No Limit) – Donations to funds like the National Defense Fund, Prime Minister's National Relief Fund, National Foundation for Communal Harmony, and National/State Blood Transfusion Council qualify for a full 100% tax deduction without any limit.

Can a trustee make a loan to a trust?

Any transactions between the Trustee and the Trust is automatically a violation of the Trustee's duty to avoid conflicts of interest. A Trustee must remain neutral and impartial; loans are neither. To properly loan money to a Trust, a Trustee needs to act carefully and take a few extra steps.

What impacts taxable income?

This includes money you make from a job or self-employment, investment income, unemployment pay, lottery winnings, and many other income sources. Only a few types of income are not taxable at the federal level. But IRS deductions, credits, and other adjustments can help reduce your taxable income and total tax bill.

What expenses can a family trust claim?

Secure Your Future with Proper Trust Planning

  • Trusts cover essential expenses: Living costs, healthcare, education and transportation are commonly approved expenses.
  • Some payments require trustee approval: Large purchases, investments and discretionary spending must align with the trust's terms.

What is meant by lump sum tax?

Lump-sum taxation is defined as a tax that is imposed uniformly on individuals, regardless of income or consumption levels, and is used to finance nonexclusive goods such as public defense while preserving Pareto-optimal conditions in the economy.

What are the 7 income tax brackets?

The U.S. has seven federal income tax brackets with rates of 10%, 12%, 22%, 24%, 32%, 35%, and 37%, applying progressively to different portions of your taxable income, with specific income thresholds changing annually for different filing statuses (single, married filing jointly, etc.). You don't pay your highest bracket's rate on all your income, but rather on the portion that falls into that specific range, a system known as marginal tax rates.
 

Who is not eligible for the 87A rebate?

Only resident individuals are eligible to avail rebate under this section. Rebate under Section 87A is available to taxpayers whose income does not exceed: Rs. 12 lakh under the new tax regime and. Rs. 5 lakh under the old regime.

What is deemed income under section 7E?

Section 7E (introduced by the Finance Act, 2022) imposes taxes on “deemed income” from capital assets, primarily immovable property such as buildings and land, even if they are not rented out. The formula is as follows: • Five percent of the FBR-reported fair market value (FMV) is deemed income.

What is a simple trick for avoiding capital gains tax?

A simple trick to avoid capital gains tax is to hold investments for over a year to qualify for lower long-term rates, or even better, donate appreciated assets to charity, which lets you avoid tax on the gain and potentially get a deduction, or use tax-advantaged accounts like a 401(k) to defer taxes until withdrawal. Other methods include offsetting gains with losses (tax-loss harvesting), using Opportunity Zones, or gifting appreciated assets to beneficiaries in lower tax brackets. 

Can I refuse to pay income tax in the UK?

HMRC can take further enforcement action if you haven't paid your income tax and haven't made an agreement with them to pay it. It's rare to be prosecuted or sent to prison for tax evasion, but HMRC can: take your possessions, including vehicles, to sell at auction (called 'distraint')

Do I have to declare my pension lump sum?

You can withdraw money from your pension pot as a lump sum. However only up to the first 25% is usually tax-free and doesn't affect your personal tax allowance. Withdrawing anything more than this is taxable and so is added to any other income you receive which could push you into a higher tax bracket.

How much income can I have and still qualify for SSI?

SSI income limits for 2025 require individuals to have very little countable income, generally below the maximum federal benefit rate (e.g., $967/month for an individual in 2025, with payments reduced by $1 for every $2 earned over certain thresholds), plus strict resource limits ($2,000 for individuals, $3,000 for couples) for assets like cash and stocks, excluding your home and one vehicle, as it's a needs-based program.
 

What is an example of deeming?

For example: $800,000 from a home sale was previously deemed at 0.25%, generating about $2,000 a year in deemed income. From 20 September 2025, the lower rate rises to 0.75%, increasing deemed income to roughly $6,000 a year.

Does Universal Credit count towards income?

Your income will be your wages plus your new Universal Credit payment. Use a benefits calculator to see how your Universal Credit changes if your wages go up. Most employers will report your wages for you. You will normally only need to report monthly earnings if you're self-employed.