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Filter: Trust
Trust administration goes digital

10 April 2025,  Elani Volschenk, Nothando Khanyile

The Master’s Offices are rolling out QR-coded Letters of Authority countrywide and a fully online trust registration system in the... Gauteng Master’s Offices. Say goodbye to paperwork and hello to faster, more secure trust management!

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267
Article
New SARS reporting puts trusts under the microscope

31 March 2025,  Elani Volschenk

SARS has issued stern warnings to trustees to ensure the accurate and honest submission of trust tax returns and made... it abundantly clear that trustees can no longer shift the responsibility of managing a trust’s tax affairs entirely to tax practitioners. This article aims to guide trustees on SARS’ latest tax reporting requirements. 

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736
Article
Are you an Accountable Institution under FICA?

27 February 2025,  Nothando Khanyile

Accountable Institutions are key role players in the fight against crime. Businesses must know whether they qualify as an Accountable... Institution based on the services they provide. 

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1154
Article
When and how can a trustee resign from a trust?

03 December 2024,  Elani Volschenk

There is often great uncertainty and misconceptions when it comes to the resignation of trustees of a trust. In this... article, we look at the requirements for the resignation of a trustee from an inter vivos trust and a testamentary trust. 

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3655
Article
Trustee administrative duties under the spotlight

03 September 2024,  Elani Volschenk

With new reporting obligations on trustees and SARS intensifying its submission requirements in respect of trust tax returns, no trustee... can afford to ignore the administrative duties imposed upon them in terms of common law and statutory law. In this article we briefly list some of the main administrative duties falling to any trustee.

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2265
Article
Three’s a crowd? SARS, Trusts and Beneficial Ownership

22 April 2024,  Dr Candice Reynders, Elani Volschenk

The General Laws Amendment Act 22 of 2022 (“Amendment Act”) promulgated as part of legislative framework changes by South Africa... to curb money laundering, has introduced key changes to the trust environment, requiring extensive beneficial ownership and other reporting by trusts. SARS is also aligning its tax and data collection imperative with these changes by requiring similar reporting as part of trust tax submissions. In this article, we review the impact of these changes on trusts.

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2030
Article
Safeguarding your legacy for your children

26 March 2024,  André van Niekerk

For any parent, the question of how to protect and provide for their children after their passing is a burning... concern that arises long before the first child is born. In this article, we explore how parents can safeguard their legacy for their children.

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928
Article
New CIPC changes for the filing of annual returns

15 January 2024,  Elani Volschenk

CIPC has again announced changes to the CIPC system for the filing of annual returns and beneficial ownership information, which... introduces mandatory obligations for companies and close corporations when filing their annual returns. 

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3780
Article
Trustees beware! You can now be fined and jailed!

27 February 2023,  André van Niekerk, Johnny Davis, Mark le Riche

Trusts have for some time now been the target of criticism for their alleged use and abuse in the money... laundering environment. The latest challenge to the trust comes in the form of a major amendment to South Africa’s anti-money laundering framework by the General Laws (Anti-Money Laundering and Combatting Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) which holds serious implications for trusts and trustees. In this article we will focus specifically on how the trust form is abused and how the Amendment Act aims to curb such abuse.

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2616
Article
Why you must have an independent trustee on your family trust

22 November 2022,  André van Niekerk

A question often asked by clients is “why must I have an independent trustee on my family trust?” In this... article we unpack the reasons for this and how this works.

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8314
Article
Will trust assets form part of your estate at divorce?

15 September 2022

Just before a couple married with the accrual system finalised their divorce, the husband created a trust and transferred money... and property to the trust. The result is the husband’s estate is considerably reduced when it comes to the accrual calculation. Is this acceptable and does it mean his estate is reduced, or can his wife claim that these assets transferred to a separate trust be included in the calculation?

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2448
Article
DTI sheds light on collective enterprises

14 July 2021,  Luhann Prinsloo

I’ve taken over the management of a non-profit trust that is focused on the development of previously disadvantaged scholars based... in rural communities. Increasingly, companies that want to fund and work with us are asking us for a BEE certificate. However, our auditors have told us that it’s not so easy for a trust like ours to be rated as we don’t have named beneficiaries. Is this correct and what are our options?

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1352
Article

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