Key Benefits and Risks of Setting up a Trust

A trust is a legal arrangement where ownership of property is transferred to trustees, who manage it for the general benefit of identified beneficiaries or to fulfil clearly defined objectives set out in the trust deed. Trusts fall into two main categories, depending on when they are created. An inter vivos trust is created during […]

Tips for First-Time Property Sellers

First-time sellers often focus only on the asking price, take a few photographs, list the property, and wait for the first offer. Good marketing matters in property sales, but it’s rarely where the issues show up. What causes problems is discovering the real risks only after a buyer is already interested. Missing documents, municipal issues, […]

Tax compliance lives beyond death

A deceased estate takes on a (tax) life of its own while being wound up I started my first job back in September 1987 at the tender age of 18, and approximately nine months later I received my very first income tax return from the Receiver of Revenue (as SARS was known in those days), […]

When SARS requests supporting documents

E-filing doesn’t allow ‘secured’ or password-protected documents to be uploaded—but there is a solution Following SARS Commissioner Edward Kieswetter’s announcement that he intends to rebuild SARS’ enforcement capabilities as part of his quest to become the scourge of recalcitrant taxpayers, there has been a noticeable increase in requests from SARS for the submission of supporting […]

Renewable energy tax incentives

Government is encouraging investment in renewable energy—but as always, there are caveats. While this year’s Budget was largely devoid of surprises, Finance Minister Enoch Godongwana made one announcement that was widely anticipated following President Cyril Ramaphosa’s State of the Nation speech, and will hopefully help taxpayers alleviate some of the pain of dealing with loadshedding. […]

Tax compliance lives beyond death

I started my first job back in September 1987 at the tender age of 18, and approximately nine months later I received my very first income tax return from the Receiver of Revenue (as SARS was known in those days), and I’ve been required to complete an annual return ever since. With my dear late […]

Deducting bond interest when using an access bond facility

You can use a loan re-advance against your house to purchase a rental property, and get the interest allowed as a tax deduction – it just needs to be structured properly One of the questions most frequently asked is whether interest on a bond raised to purchase a rental property is deductible against the rent […]

Tax deductions for home offices

Tax practitioners have been inundated with queries from clients on the possible relief offered by the South African Revenue Service (“SARS”) on the possibility of deducting from their taxable income home office expenses due to the shift in working policies by many employers. SARS recently hosted a webinar on the matter (the summary of which […]

Tax neutral liquidation distributions

The Income Tax Act contains various provisions in terms of which transactions can occur between specified parties without adverse tax consequences being incurred in respect of those transactions. These provisions are contained in sections 41 to 47 of the Income Tax Act and are generally known as the “group relief provisions”. Apart from certain value-shifting and general anti-avoidance provisions, the group relief […]

Can losses be distributed out of a trust?

On 18 March 2021, the Supreme Court of Appeal delivered judgment in the case of Massmart Holdings Limited v The Commissioner for the South African Revenue Service. The case dealt with losses which were incurred within the broader Massmart group in respect of the investing of equity instruments as part of an employee share incentive scheme.  The mechanism of the scheme was that shares allocated to the designated employees would be […]