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A comparison of tax legislation of trusts between South Africa and the United States of America on emigration

Dissertation (MCom)--University of Pretoria, 2012.

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Other Authors: Stark, K.
Format: Thesis
Published: University of Pretoria 2013
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access_status_str Open Access
author2 Stark, K.
author_browse Stark, K.
author_facet Stark, K.
collection Thesis
dc_rights_str_mv © 2012, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Dissertation (MCom)--University of Pretoria, 2012.
format Thesis
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institution University of Pretoria (South Africa)
last_indexed 2026-06-10T12:37:29.889Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2013
publishDateRange 2013
publishDateSort 2013
publisher University of Pretoria
publisherStr University of Pretoria
record_format dspace
source_str UPSpace — University of Pretoria Institutional Repository
spelling oai:repository.up.ac.za:2263/30660 A comparison of tax legislation of trusts between South Africa and the United States of America on emigration Stark, K. Cronje, M. Lottering, Natasia UCTD Dissertation (MCom)--University of Pretoria, 2012. An estimated 81 142 South Africans emigrated to the United States of America in 2010 (The World Bank, 2010). If only one of these emigrants were a creator, donor or beneficiary of a South African trust, then it is important to determine the tax implications both in South Africa and the United States of America for the creator, donor or beneficiary. In South Africa, the income and gains of the South African trust will be taxed in the hands of the donor, beneficiary or the trust itself. But, in the United States of America, the tax consequences could get rather complicated. The main purpose of this study was to make a theoretical comparison of the tax consequences of South African trusts both in South Africa and the United States of America and determine the effect of the emigration of the South African donor and/or beneficiaries to the United States of America. Based on the literature reviewed, the donor will be taxed in South Africa if a donation, settlement or other disposition was made, the beneficiary will be taxed if he/she has a vested right to income and no donation, settlement or other disposition was made and the South African trust will be taxed on any taxable income retained in the trust that is not taxable in the hands of the donor or beneficiary. In the United States of America, the South African trust will be liable for tax depending on its status as a business, investment or ordinary trust and furthermore on its status as a grantor or non-grantor trust. Taxation Unrestricted 2013-09-09T07:23:05Z 2012-05-18 2013-09-09T07:23:05Z 2012-04-16 2012-05-18 2012-03-06 Dissertation Lottering, N 2012, A comparison of tax legislation of trusts between South Africa and the United States of America on emigration, MCom dissertation, University of Pretoria, Pretoria, viewed yymmdd < http://upetd.up.ac.za/thesis/available/etd-03062012-124912/ > F12/4/148/gm http://hdl.handle.net/2263/30660 http://upetd.up.ac.za/thesis/available/etd-03062012-124912/ © 2012, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle UCTD
A comparison of tax legislation of trusts between South Africa and the United States of America on emigration
title A comparison of tax legislation of trusts between South Africa and the United States of America on emigration
title_full A comparison of tax legislation of trusts between South Africa and the United States of America on emigration
title_fullStr A comparison of tax legislation of trusts between South Africa and the United States of America on emigration
title_full_unstemmed A comparison of tax legislation of trusts between South Africa and the United States of America on emigration
title_short A comparison of tax legislation of trusts between South Africa and the United States of America on emigration
title_sort comparison of tax legislation of trusts between south africa and the united states of america on emigration
topic UCTD
url http://hdl.handle.net/2263/30660
http://upetd.up.ac.za/thesis/available/etd-03062012-124912/