From 1 March 2026 section 20A bites from the 39% marginal rate, not 45% — the threshold roughly halves and a geared residential rental becomes ring-fenced by default.
Accountant-authored. Written and published by Brandon Iverach, an accountant approved on OpenAccountants. Their licence number (SAIPA 18504 / SARS PR0025122) is published on their profile, so you can check it against the register yourself. No second accountant has attested to this version yet. General reference material, not advice on your specific facts; don't file, pay, or take a position on it without a professional reviewing your situation.
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Two-stage test — both stages must be met
Ring-fencing under s 20A applies only where **both** stages are met. **Stage 1 — the income test.** The taxpayer's taxable income, *before* setting off the loss in question, equals or exceeds the amount at which the relevant marginal rate begins. **Stage 2 — the trade test.** Either - the trade is a **listed suspect trade** (Section 4), **or** - the trade has made an assessed loss in **at least three of the last five** years of assessment, counting the current year. If stage 1 fails, s 20A does not apply at all, whatever the trade. If stage 1 is met, a listed suspect trade is caught **immediately** — it never needs the three-in-five test.Income Tax Act 58 of 1962 s 20A(2).
The income threshold, by year of assessment
| Year of assessment | Rate the threshold keys off | Taxable income threshold | | --- | --- | --- | | 2023 (2022/23) | 45% — maximum marginal rate | R1,731,600 | | 2024 (2023/24) | 45% — maximum marginal rate | R1,817,000 | | 2025 (2024/25) | 45% — maximum marginal rate | R1,817,000 | | 2026 (2025/26) | 45% — maximum marginal rate | R1,817,000 | | **2027 (2026/27)** | **39%** | **R695,800** |Income Tax Act 58 of 1962 s 20A(2)(a), as amended with effect for years of assessment commencing on or after 1 March 2026; SARS Rates of Tax for Individuals for the bracket floors.View source ↗
Threshold is not a fixed rand amount; common error of R673,000
The threshold is **not a fixed rand amount**. It is defined by reference to a marginal rate, so it moves every year with the bracket table. **Do not hard-code the rand figure.** Read it off the bracket table for the year in question as the floor of the band carrying the relevant rate. See `za-income-tax-tables`. ⚠️ **A common error in commentary written during 2025** quotes the new threshold as **R673,000**. That was the 39% bracket floor for the *2026* year of assessment, current when the amendment was proposed. Because the amendment only takes effect for years of assessment commencing on or after 1 March 2026, the first year it applies is 2027, whose 39% floor is **R695,800**. Using R673,000 for 2027 is wrong.
What changed, and why this file exists. For years of assessment commencing on or after 1 March 2026, s 20A bites from the 39% marginal rate, not the 45% maximum marginal rate. The threshold roughly halves. Ring-fencing stops being a high-income edge case and becomes the default for a geared residential rental held by a reasonably paid employee.
This file covers s 20A ring-fencing for natural persons, and enough of s 20 to place it.
Not covered: assessed losses of trusts; the s 20(1)(a) company rules beyond the summary in Section 6; capital losses, which are an Eighth Schedule matter and not assessed losses at all.
The income threshold, by year of assessment (Income Tax Act 58 of 1962 s 20A(2)(a), as amended with effect for years of assessment commencing on or after 1 March 2026; SARS Rates of Tax for Individuals for the bracket floors.)
| Year of assessment | Rate the threshold keys off | Taxable income threshold |
|---|---|---|
| 2023 (2022/23) | 45% — maximum marginal rate | R1,731,600 |
| 2024 (2023/24) | 45% — maximum marginal rate | R1,817,000 |
| 2025 (2024/25) | 45% — maximum marginal rate | R1,817,000 |
| 2026 (2025/26) | 45% — maximum marginal rate | R1,817,000 |
| 2027 (2026/27) | 39% | R695,800 |
za-income-tax-tables. ⚠️ A common error in commentary written during 2025 quotes the new threshold as R673,000. That was the 39% bracket floor for the 2026 year of assessment, current when the amendment was proposed. Because the amendment only takes effect for years of assessment commencing on or after 1 March 2026, the first year it applies is 2027, whose 39% floor is R695,800. Using R673,000 for 2027 is wrong. (Income Tax Act 58 of 1962 s 20A(2)(a), as amended with effect for years of assessment commencing on or after 1 March 2026; SARS Rates of Tax for Individuals for the bracket floors.)What breaks when the order is wrong. Running the three-in-five test on a listed suspect trade concludes it is safe when it is caught. Testing the trade before the income threshold wastes effort on taxpayers the section never reaches. And treating a ring-fenced loss as forfeited throws away relief that survives indefinitely.
General reference only. This file is general tax reference material for AI-assisted workflows. It has not been reviewed for any specific person's facts, documents, elections, deadlines, residency, filing status or local procedures. Do not rely on it to file, pay, amend or take a tax position without review by a qualified professional in South Africa.
Income Tax Act 58 of 1962 s 20, s 20(2A), s 20A (s 20A(2), s 20A(2)(a), s 20A(2)(b), s 20A(2)(b)(iii), s 20A(3)), as amended with effect for years of assessment commencing on or after 1 March 2026. Threshold amounts are the bracket floors in SARS, Rates of Tax for Individuals — https://www.sars.gov.za/tax-rates/income-tax/rates-of-tax-for-individuals/
Contributed by Brandon Iverach, SAIPA 18504 / SARS PR0025122.
Other South Africa computations in the OpenAccountants Tax Library.
Listed suspect trades caught on the income test alone
Under s 20A(2)(b), these are caught on the income test alone: - Any sport practised by the taxpayer or a relative - Any dealing in collectibles - **The rental of residential accommodation**, unless the letting exception in Section 5 applies - The rental of vehicles, aircraft or boats - Animal showing by the taxpayer or a relative - Farming or animal breeding, unless carried on on a full-time basis - Any form of performing or creative arts - Any form of gambling or betting - Any trade in respect of which a tax benefit scheme appliesIncome Tax Act 58 of 1962 s 20A(2)(b).
The escapes — letting exception and reasonable prospect of profit
A trade that is otherwise caught is **not** ring-fenced where one of these applies. **The letting exception — s 20A(2)(b)(iii).** Residential accommodation is not a suspect trade where **at least 80%** of the accommodation is used by persons who are **not relatives** of the taxpayer for **at least half** the year of assessment. Note both limbs: the 80% is about who occupies it, and the half-year is about duration. **Reasonable prospect of profit — s 20A(3).** The trade escapes if it constitutes a business with a reasonable prospect of deriving taxable income within a reasonable period, having regard to the s 20A(3) factors — among them the proportion of gross income to allowable deductions, the commercial manner in which the trade is carried on, the number of years of losses, the business plan, and whether assets are available for private use. This is a facts-and-evidence test, not an assertion. A business plan, arm's length pricing, separate banking and a credible route to profitability are what carry it.Income Tax Act 58 of 1962 s 20A(2)(b)(iii), s 20A(3).
Section 20 underlying carry-forward rules and company 80% cap
Ring-fencing modifies an ordinary carry-forward. The underlying rules: - An assessed loss carries forward and may be set off against income from **any** trade, subject to s 20(2A), which requires the taxpayer to have carried on a trade in the year of set-off. - **Companies** are separately limited: for years of assessment commencing on or after 1 April 2022, the balance of assessed loss that may be set off is capped at the **greater of R1,000,000 and 80%** of taxable income before the set-off. **This 80% cap does not apply to natural persons.**Income Tax Act 58 of 1962 s 20, s 20(2A).
Effect of ring-fencing
A ring-fenced loss is **not disallowed**. It is quarantined: it may only be set off against income from **that same trade** in future years, not against salary, not against other trades. So the cash effect is a deferral, sometimes indefinite. A rental that never turns a taxable profit carries a ring-fenced loss forward permanently without ever relieving anything.
Rendered from the canonical facts model. General reference only — confirm with a qualified professional before acting.
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