by VDT Attorneys | Jun 26, 2026 | Trust compliance, Trusts
A trust should never be treated as a static structure. Ongoing reviews are necessary to confirm that it continues to operate within legal requirements and remains aligned with its intended purpose. The trust deed, in particular, requires periodic scrutiny. It sets out...
by VDT Attorneys | Feb 4, 2026 | Tax, Tax Advice, Tax planning, Trust loans, Trusts
Section 7C of the Income Tax Act 58 of 1962 was introduced to address the perceived tax advantage of interest-free or low-interest loans to trusts when attempting to transfer wealth below market value. Where a connected person advances a loan to a trust at a rate...
by VDT Attorneys | Jan 16, 2026 | Managing your trust, SARS, Tax return, Trust compliance, Trust non-compliance, Trusts
All South African trusts must be registered for income tax with SARS to submit their tax returns yearly. It is irrelevant whether a trust is active or not. SARS will do a deep dive into the trusts’ tax return submissions, and if the trust has failed to submit its tax...
by VDT Attorneys | Dec 3, 2025 | AML, Anti-Money Laundering, Beneficial Ownership, Grey listing, SARS, Trust compliance, Trustee Duties, Trusts
With South Africa’s greylisting by the Financial Action Task Force (FATF) in 2023, compliance has evolved from being a peripheral consideration to a crucial element of fiduciary planning. Understanding how compliance obligations influence, and in many cases,...
by VDT Attorneys | Nov 12, 2025 | Compliance, Information Regulator, PAIA, Trustee Duties, Trusts
The Promotion of Access to Information Act 2 of 2000 (“PAIA”) stipulates that both private and public bodies are obliged to comply with the requirements as set out in the PAIA. Whether a trust qualifies as a private body is, however, unclear in terms of the...
by VDT Attorneys | Jul 16, 2025 | AML, Anti-Money Laundering, Anti-money Laundering Amendment Act, Capital Gains Tax, Heirs, Trusts
Before recent amendments, having a non-resident beneficiary in a South African trust did not have major implications for the trust. If you have a South African trust and wish to add a non-resident beneficiary, such as a child who has moved abroad and is now a tax...
