The taxation of trusts in South Africa: a comparison

Qina, Bongo Tamsanqa

The taxation of trusts in South Africa: a comparison

Thesis / Dissertation

1996

Publisher

University of Cape Town

Department

Department of Commercial Law

Faculty

Faculty of Law

Abstract

There are a number of reasons why people would want to form a trust. For example, a business person who has minor children can decide to set up a trust in order that experienced people could act as trustees and run his or her businesses on behalf of those minor children. The reasons for forming such a trust could be varied: (i) As minors, the children will not be, legally, in a position to enter into binding contracts, or (ii) even when they reach majority the parent (business person) may think that, because of their lack of experience in running a business, they may ruin it, or (iii) they may squander all the wealth he has accumulated after his or her death. There are other reasons for forming trusts - some people always support one cause or another, e.g. religious, political or social causes. In order to support a cause that calls for continuous management rather than a once-for-all disposition, a person would need to create a trust. A trust could also be created for the purpose of concealing ownership of assets or when a person wants to put some or all of his assets out of the reach of creditors or family. Whatever purpose one uses trusts for, the common feature in trusts is that they tend to reduce and/or postpone the incidence of taxation. That there are often tax advantages in the creation of trusts is confirmed by the observation of the late Stanley Surrey who said: 'The tax structure favours the family that adds a trustee to the family dinner.'

Keywords

Commercial Law

Reference:

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Masters

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