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The taxation of trust income in South Africa

The subject of trusts, even in the particular area of income tax, is vast. Therefore, it is important that I discuss from the outset the outline of my approach in order to give my treatment of the subject under consideration form and direction. And that is what I propose to do briefly here. The disc...

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Main Author: Zwane, Michael Jacob
Format: Thesis
Language:English
Published: Department of Commercial Law 2021
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access_status_str Open Access
author Zwane, Michael Jacob
author_browse Zwane, Michael Jacob
author_facet Zwane, Michael Jacob
author_sort Zwane, Michael Jacob
collection Thesis
description The subject of trusts, even in the particular area of income tax, is vast. Therefore, it is important that I discuss from the outset the outline of my approach in order to give my treatment of the subject under consideration form and direction. And that is what I propose to do briefly here. The discussion consists of five parts. The first of these is the Background which includes definitions and an historical note which I consider to be necessary in view of the largely common law - as opposed to a codified magnus opus 1 - basis of South African law of trusts, where "Other statutes are superimposed, like a ship upon the water, on the common law without replacing it .... The second part also has some historical element, but this is limited to the Taxability of Trusts, qua trusts or legal personae, in income tax law; while the third deals with kinds of Trusts and Their significance. The fourth looks at Income Tax Avoidance Opportunities while the last considers Anti-Avoidance Provisions of the Act 3 Relevant to Trusts, interspersed with one or two examples of schemes not only immune to the specific anti- • avoidance provisions of Section 7 but probably also to the general anti-avoidance provisions of Section 103 (1). Examples will be liberally used for purposes of illustration.
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institution University of Cape Town (South Africa)
language eng
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license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2021
publishDateRange 2021
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publisher Department of Commercial Law
publisherStr Department of Commercial Law
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source_str UCTD — University of Cape Town Open Access Repository
spelling oai:open.uct.ac.za:11427/35411 The taxation of trust income in South Africa Zwane, Michael Jacob Trusts and trustees Taxation South Africa The subject of trusts, even in the particular area of income tax, is vast. Therefore, it is important that I discuss from the outset the outline of my approach in order to give my treatment of the subject under consideration form and direction. And that is what I propose to do briefly here. The discussion consists of five parts. The first of these is the Background which includes definitions and an historical note which I consider to be necessary in view of the largely common law - as opposed to a codified magnus opus 1 - basis of South African law of trusts, where "Other statutes are superimposed, like a ship upon the water, on the common law without replacing it .... The second part also has some historical element, but this is limited to the Taxability of Trusts, qua trusts or legal personae, in income tax law; while the third deals with kinds of Trusts and Their significance. The fourth looks at Income Tax Avoidance Opportunities while the last considers Anti-Avoidance Provisions of the Act 3 Relevant to Trusts, interspersed with one or two examples of schemes not only immune to the specific anti- • avoidance provisions of Section 7 but probably also to the general anti-avoidance provisions of Section 103 (1). Examples will be liberally used for purposes of illustration. 2021-11-30T18:01:04Z 2021-11-30T18:01:04Z 1994 2021-11-30T18:00:32Z Master Thesis Masters LLM http://hdl.handle.net/11427/35411 eng application/pdf Department of Commercial Law Faculty of Law
spellingShingle Trusts and trustees
Taxation
South Africa
Zwane, Michael Jacob
The taxation of trust income in South Africa
thesis_degree_str Master's
title The taxation of trust income in South Africa
title_full The taxation of trust income in South Africa
title_fullStr The taxation of trust income in South Africa
title_full_unstemmed The taxation of trust income in South Africa
title_short The taxation of trust income in South Africa
title_sort taxation of trust income in south africa
topic Trusts and trustees
Taxation
South Africa
url http://hdl.handle.net/11427/35411
work_keys_str_mv AT zwanemichaeljacob thetaxationoftrustincomeinsouthafrica
AT zwanemichaeljacob taxationoftrustincomeinsouthafrica