Who is responsible for tax for spousal maintenance when separated?

By Marc Sevitz · Updated 19 November 2013

Am I responsible for paying tax on spousal maintenance received while separated? I am a South African citizen, live in South Africa and receive monthly payments from my husband who is of foreign nationality, lives abroad and pays money into my bank account that is also located abroad. I do not work and he has a job, receives a salary and pays tax in his country (though think he deducts his payments to me from his tax returns). When we separated we agreed to an amount he would provide on a monthly basis and privately drew up a separation agreement which we both signed. I have sought advice regarding this from a local tax consultant and he has told me that I am not responsible and that the amount I receive from my husband is not taxable as we are still married - is this correct? I want to make sure that I proceed correctly and do not want and nasty surprises later on?

TaxTim Marc said:
19 November 2013 at 23:06

The amount received is exempt from tax so you do not need to worry about it.

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Tully said:
20 November 2013 at 20:51

Thank you very much for your response and answer.

TaxTim Marc said:
20 November 2013 at 22:36

Only a pleasure!