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The taxation of trusts in South Africa

Trusts are extensively used, primarily for estate and tax planning and more recently for business purposes. Frequently being the recipients of large amounts of income, trusts are often used as vehicles to minimize or avoid the incidence or levying of tax, rendering the taxation of trust income and i...

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Main Author: Irmer, Ingrid
Format: Thesis
Language:English
Published: Centre for Law and Society 2024
Subjects:
Law
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access_status_str Open Access
author Irmer, Ingrid
author_browse Irmer, Ingrid
author_facet Irmer, Ingrid
author_sort Irmer, Ingrid
collection Thesis
description Trusts are extensively used, primarily for estate and tax planning and more recently for business purposes. Frequently being the recipients of large amounts of income, trusts are often used as vehicles to minimize or avoid the incidence or levying of tax, rendering the taxation of trust income and issue of great significance. Depending upon the circumstances, trust income, in terms of the Income Tax Act No. 58 of 1962 [as amended and hereinafter referred to as "the Act"], may be taxable in the hands of the trust and/or the beneficiary and or the donor. The aforesaid possibilities have in the past generated several uncertainties with regard to ultimate tax liability for trust income and have also been the source of various tax avoidance stratagems, so much so that the Act has, in an attempt to remove same, over the years, with a relative degree of success, been amended. This dissertation, which concerns the taxation of Trusts in South Africa, will be focused on the income tax treatment of trusts as opposed to the various other types of trust taxation such as donations tax, estate and transfer duty, which exist. The taxation of trust income in general will be traversed with specific emphasis being placed on past and current important and in some instances, rather controversial, issues relating thereto.
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spelling oai:open.uct.ac.za:11427/40513 The taxation of trusts in South Africa Irmer, Ingrid Law Trusts are extensively used, primarily for estate and tax planning and more recently for business purposes. Frequently being the recipients of large amounts of income, trusts are often used as vehicles to minimize or avoid the incidence or levying of tax, rendering the taxation of trust income and issue of great significance. Depending upon the circumstances, trust income, in terms of the Income Tax Act No. 58 of 1962 [as amended and hereinafter referred to as "the Act"], may be taxable in the hands of the trust and/or the beneficiary and or the donor. The aforesaid possibilities have in the past generated several uncertainties with regard to ultimate tax liability for trust income and have also been the source of various tax avoidance stratagems, so much so that the Act has, in an attempt to remove same, over the years, with a relative degree of success, been amended. This dissertation, which concerns the taxation of Trusts in South Africa, will be focused on the income tax treatment of trusts as opposed to the various other types of trust taxation such as donations tax, estate and transfer duty, which exist. The taxation of trust income in general will be traversed with specific emphasis being placed on past and current important and in some instances, rather controversial, issues relating thereto. 2024-08-16T13:09:58Z 2024-08-16T13:09:58Z 1998 2024-08-16T11:10:55Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/40513 eng application/pdf Centre for Law and Society Faculty of Law
spellingShingle Law
Irmer, Ingrid
The taxation of trusts in South Africa
thesis_degree_str Master's
title The taxation of trusts in South Africa
title_full The taxation of trusts in South Africa
title_fullStr The taxation of trusts in South Africa
title_full_unstemmed The taxation of trusts in South Africa
title_short The taxation of trusts in South Africa
title_sort taxation of trusts in south africa
topic Law
url http://hdl.handle.net/11427/40513
work_keys_str_mv AT irmeringrid thetaxationoftrustsinsouthafrica
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