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The taxation of trusts in South Africa: a comparison

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...

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Main Author: Qina, Bongo Tamsanqa
Format: Thesis
Language:English
English
Published: Department of Commercial Law 2026
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access_status_str Open Access
author Qina, Bongo Tamsanqa
author_browse Qina, Bongo Tamsanqa
author_facet Qina, Bongo Tamsanqa
author_sort Qina, Bongo Tamsanqa
collection Thesis
description 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.'
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institution University of Cape Town (South Africa)
language English
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publishDate 2026
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spelling oai:open.uct.ac.za:11427/42879 The taxation of trusts in South Africa: a comparison Qina, Bongo Tamsanqa Commercial Law 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.' 2026-02-20T11:12:27Z 2026-02-20T11:12:27Z 1996 2024-07-11T12:16:40Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/42879 en eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town
spellingShingle Commercial Law
Qina, Bongo Tamsanqa
The taxation of trusts in South Africa: a comparison
thesis_degree_str Master's
title The taxation of trusts in South Africa: a comparison
title_full The taxation of trusts in South Africa: a comparison
title_fullStr The taxation of trusts in South Africa: a comparison
title_full_unstemmed The taxation of trusts in South Africa: a comparison
title_short The taxation of trusts in South Africa: a comparison
title_sort taxation of trusts in south africa a comparison
topic Commercial Law
url http://hdl.handle.net/11427/42879
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