How the incorrect classification of income as a grant can cost NPO’s millions 

Written by Nkamo Thubakgale, MaxProf Marketing Communication Associate

Introduction

VAT mistakes can haunt organisations for decades, the SLGGM case is proof. Nearly two decades later, a non-profit organisation is paying the price for VAT missteps. 

The case of SLGGM v CSARS (Commissioner for the South African Revenue Services) 

The issue on this case was whether the amounts received by SLGGM from the GDE (Gauteng Department of Education) constituted grant funding and thus zero-rated or were received for services rendered and thus are subject to VAT at the standard rate SLGGM argued that its funding was a grant (zero-rated) while SARS deemed it standard rated. 

  • The court ruled that GDE made the payments to SLGGM for services rendered, citing itemised invoices as proof of services rendered. 
  • SLGGM is now liable for an amount of R93 million in assessments plus penalties, nearly 20 years after the fact. 
  •  

The court emphasised that grants cannot be invoiced. Invoices are evidence of services supplied, not gratuitous transfers.

Key Lessons for Organisations

This case highlights several critical lessons for non-profits, welfare organisations, and any entity working with government funding:

  • Classification matters: Misinterpreting whether funding is a grant or service payment can lead to massive liabilities.
  • Documentation is decisive: Courts will prioritise written records (like invoices) over oral testimony.
  • Grant vs Service distinction: A grant is a gratuitous transfer with no quid pro quo. If services are supplied, VAT applies.
  • Credibility counts: Inconsistent testimony or evasive evidence can undermine a case.

How MaxProf Can Help

MaxProf bridges the gap between legal definitions and practical compliance: 

  • Documentation Alignment: Ensuring invoices, reporting, and records reflect the right VAT treatment. 
  • Risk Management: Identifying potential pitfalls early to prevent costly disputes with SARS. 

Conclusion

VAT compliance for NPOs is complex, but essential. MaxProf stands ready to guide organisations through these challenges, protecting them from financial risk while enabling them to focus on their mission. 

Contact MaxProf today to safeguard your organisation’s compliance. 

Recent Posts

MaxProf Congratulates Lesedi Local Municipality for Their Municipal Audit Awards
Maxprof And EST Sourcing Partnered With Merafong City Local Municipality to Turn Academic Potential Into Community Triumph
Re-thinking the Turnover-Based VAT Apportionment Method
MaxProf proudly participated at the 11th annual SAHOF Golf Day
MaxProf and SALGA Partner for the National Municipal Managers Forum
MaxProf Brings its VAT Expertise to CIGFARO Audit and Risk Indaba
MaxProf, in partnership with COGTA KwaZulu-Natal VAT training
MaxProf at the Gauteng Investment Conference Golf Day 2026
Increase in the VAT Registration Threshold
MaxProf Strengthens Industry Collaboration at the 3rd Annual Logistics Roundtable

MAXIMISE YOUR PROFIT

Book your appointment today.

BOOK APPOINTMENT

This website uses cookies to ensure you get the best experience on our website