Supreme Court Act, 1959
R 385
Income Tax Act, 1962 (Act No. 58 of 1962)Chapter II : The TaxesPart V : Donations Tax57A. Donations by spouses married in community of property |
(1) | For the purposes of this Part, in the case of spouses married in community of property, where any property is disposed of in terms of a donation by one of the spouses and— |
(a) | such property falls within the joint estate of the spouses, such donation shall be deemed to have been made in equal shares by each spouse; and |
(b) | such property was excluded from the joint estate of the spouses, such donation shall be deemed to have been made solely by the spouse making the donation. |