RECENT NEWS
‘Marital facade’ costly for ‘wife’s’ ex-husband
You can have a wedding ceremony in a church with a minister’s blessing … but that does not necessarily mean you are legally married. This emerged when a woman sought continued maintenance from her ex-husband who believed he was no longer liable to pay as she had...
The impact of the EU Regulations on fiduciary advice in South Africa
December 1st, 2020 The increased tendency of South Africans to establish geographically diversified estates – whether as a result of cross-border travelling, studying, work or business opportunities – has complicated not only their own lives, but also those of their...
Trust-to-trust: Can you end up paying tax on a trust distribution which you have not yet received?
As a general rule, income received by, or accrued to, a discretionary trust will be taxed in the hands of the trust, unless it is distributed before the trust’s financial year end (February each year) to a South African resident beneficiary, in which case it will be...
DON’T ASSUME A TRUSTEE HAS AUTHORITY OF THE BOARD OF TRUSTEES TO ACT
Outsiders often assume that trustees have both the authority and the capacity to enter into transactions binding the trust. If trustees have not ensured that these requirements are met, to what extent can outsiders be deemed to have known? In the instance of companies...
Emigration
The SARB is moving away from the concept of emigration. This will necessitate changes to the Income Tax Act which has references to emigration in relation to taking retirement fund amounts out of South Africa. Currently, if you formally emigrate, you are permitted to...
CAN A TESTAMENTARY TRUST BE AMENDED?
Often the testator or testatrix directs in his or her will that his or her assets be transferred into a trust to be formed upon his or her death. A testamentary trust is then formed upon his or her death and the terms of the last will and testament form the terms of...
GLOBAL MARKETS – POST US ELECTION DAY
US stock markets have recorded their biggest post-election leap in decades.
What to consider when a trust is involved in legal proceedings.
A trust itself cannot sue or be sued, because it is not recognised as a legal persona, but rather a legal persona sui generis (which means of its own kind or class), in South Africa (Rosner v Lydia Swanepoel Trust case of 1998). The trustees, in their official...
ARE HIGHER TAXES ON THE CARDS?
Given the commitment to fiscal consolidation, tax increases of R40bn will be necessary over the next four fiscal years. Taxes are set to increase by R5bn in 2021/2022, R10bn in 2022/23 and R15bn in 2024/2025. The most effective taxes to increase would be personal...