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The taxation of income and expenditure of trusts in South Africa

The use of trusts remains popular in South Africa. Trusts are often perceived to solve all problems but the tax law provisions applicable to trusts are often highly complicated causing the person making use of the trust to be stepping into a minefield. The formation of a trust has for many years bee...

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Main Author: Marais, Madelein
Other Authors: Emslie, Trevor
Format: Thesis
Language:English
Published: Department of Commercial Law 2014
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access_status_str Open Access
author Marais, Madelein
author2 Emslie, Trevor
author_browse Emslie, Trevor
Marais, Madelein
author_facet Emslie, Trevor
Marais, Madelein
author_sort Marais, Madelein
collection Thesis
description The use of trusts remains popular in South Africa. Trusts are often perceived to solve all problems but the tax law provisions applicable to trusts are often highly complicated causing the person making use of the trust to be stepping into a minefield. The formation of a trust has for many years been a very popular financial planning tool for various reasons. SARS has been clamping down on trusts and with the introduction of capital gains tax and transfer duty the use of trusts has lost some of its appeal. Trust has however remained a very useful estate planning tool, so useful that the Katz Commission proposed that the use of trusts as a "generation skipping device" should be curtailed and that trusts should be subject to a capital tax at periodic intervals on the market value of their net assets. This has not been implemented yet but should be kept in mind for the future. This research paper has an in depth look at the taxation of the income and expenditure of trusts as it currently stands.
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institution University of Cape Town (South Africa)
language eng
last_indexed 2026-06-10T12:32:58.612Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2014
publishDateRange 2014
publishDateSort 2014
publisher Department of Commercial Law
publisherStr Department of Commercial Law
record_format dspace
source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/9619 The taxation of income and expenditure of trusts in South Africa Marais, Madelein Emslie, Trevor The use of trusts remains popular in South Africa. Trusts are often perceived to solve all problems but the tax law provisions applicable to trusts are often highly complicated causing the person making use of the trust to be stepping into a minefield. The formation of a trust has for many years been a very popular financial planning tool for various reasons. SARS has been clamping down on trusts and with the introduction of capital gains tax and transfer duty the use of trusts has lost some of its appeal. Trust has however remained a very useful estate planning tool, so useful that the Katz Commission proposed that the use of trusts as a "generation skipping device" should be curtailed and that trusts should be subject to a capital tax at periodic intervals on the market value of their net assets. This has not been implemented yet but should be kept in mind for the future. This research paper has an in depth look at the taxation of the income and expenditure of trusts as it currently stands. 2014-11-14T19:48:13Z 2014-11-14T19:48:13Z 2014 Thesis Postgraduate Diploma PGDip http://hdl.handle.net/11427/9619 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town
spellingShingle Marais, Madelein
The taxation of income and expenditure of trusts in South Africa
title The taxation of income and expenditure of trusts in South Africa
title_full The taxation of income and expenditure of trusts in South Africa
title_fullStr The taxation of income and expenditure of trusts in South Africa
title_full_unstemmed The taxation of income and expenditure of trusts in South Africa
title_short The taxation of income and expenditure of trusts in South Africa
title_sort taxation of income and expenditure of trusts in south africa
url http://hdl.handle.net/11427/9619
work_keys_str_mv AT maraismadelein thetaxationofincomeandexpenditureoftrustsinsouthafrica
AT maraismadelein taxationofincomeandexpenditureoftrustsinsouthafrica