Introduction to Trust in South Africa

• Introduction to South Africa 

The Nature of Trusts in South Africa

• The nature of Trusts in South Africa

Understating the Separate Estate in a Trust

• What is a Trust Estate?
• The Legal Basis
• What This Means in Practice
• Common Misunderstandings
• Practical Steps to Protect the Separate Estate

Cross Border Trust Recognition Guide

• Overview and Why Cross- Border Issues Arise
• Foreign Assets Held by a South Africa Trust
• Foreign Trustees
• Foreign Beneficiaries
• Exchange Control

Essential Requirement for a Valid Trust

• Essential Requirement for a Valid Trust

Sham Trust Indicators Guide

• Is the Trust a Sham, or Has It Been Abused?
• Practical Checklist for Practitioners

Structure of a Trust

• Structure of a Trust
• Why Trustee Structure Matters

Independent Trustee Requirements

• Why this requirement exits
• What counts as a "family business trust'
• Who qualifies as an independent trustee
• How independent must be documented
• Practical checklist

Trust Deed Amendment Guide

• When is a deed amendment required?
• Two amendment routes: Agreement vs Court order
• Documents to lodge with the Master
• Timeframes
• Pre-change lodgment checklist

Trust Instrument

• Trust Instrument

Types of Trust

• Types of Trust
• Trust Type Decision Tree

Amendments to the Trust Property Control Act: 1 April 2023

• Amendments to the Trust Property Control Act: 1 April 2023

Advantages and Disadvantages of a Trust

• Advantages and Disadvantages of a Trust

Beneficiaries of a Trust

• Beneficiaries of a Trust
• What Information You Beneficiaries Entitled to Demand
• How to Make a Formal Written Demand
• Recourse if Trustees Refuse to Account

Appointment and Nature of the Office of Trustee

• Appointment and Nature of the Office of Trustee

Rights and Powers of Trustees

• Rights and Powers of Trustees

Duties, Responsibilities and Obligations of Trustees

• Duties, Responsibilities and Obligations of Trustees

Removal and Termination of the Office of Trustees

• Removal and Termination of the Office of Trustee

Liability of Trustee

• Liability of Trustees

Special Trusts

• Background and purpose
• What is a special trust? — the two types defined
• Type A vs Type B — side-by-side comparison
• The SARS application process — step by step
• Required documentation — checklist by trust type
• Ongoing compliance obligations
• Tax Treatment of Special Trusts
• Events that cause loss of special trust status
• Consequences of losing special trust status
• The CGT grace period after death of a Type A beneficiary
•  Practical checklist for practitioners 

Other Legislation and Trustees

• Other Legislation and Trustees

Beneficial Ownership Submission

• Who is affected?
• Disclosure of beneficial ownership
• Beneficial ownership in relation to a trust (Section 1B)
• Beneficial ownership information to be recorded by trustee (Regulation 3C)
• Failure to comply
• Registration on the Master's Web Portal
• Trust Beneficial Ownership and SARS

Notifying the Master of Changes in Trustees and Beneficial Ownership

• Introduction
• Changes in trustees
  • The Legal Foundation: Letters of Authority
  • The Four Types of Trustee Change:
  • Forms and Supporting Documents
  • The Submission Process for Trustee Changes
• Beneficial ownership Notifications
  • The Legal Basis — Section 11A of the TPCA
  • Who Qualifies as a Beneficial Owner?
  • What Information Must Be Recorded and Submitted?
  • Initial Registration vs. Ongoing Changes
  • Terminated and Dormant Trusts
  • Consequences of Non-Compliance

Illustrative Cost-Benefit Scenarios: Trust Planning and Estate Duty Savings

• Trust Estate Duty Cost-Benefit Scenarios

Trust Suitability Assessment Questionnaire

• Trust Suitability Assessment Questionnaire

Trust Distribution Resolution Template

• Before completing any resolution
• Income Distribution Resolution
• Capital Distribution Resolution
• Common Errors to Avoid
• Quick Reference - Tax Implications

Registration and Deregistration of a Trust

• Registration and Deregistration of a Trust

Trust as a Financial and Estate Planning Tool

• Trusts as a Financial and Estate Planning Tool

Immovable Property and Trusts

• Immovable Property and Trusts

Taxation of Trusts

• Introduction
• Legislative updates 
• Determining Who Pays the Tax
• Section 25B(1) - The Standard Income Rule
• When Do Amounts Distributed by a Trust Retain Their Tax Nature?
• Resident Trusts: Gross Income, Exemptions and Deductions
• Resident Trusts: Capital Gains Tax and Exclusions
• Resident Trusts: Foreign Income and Exchange Rates
• Non-Resident Trusts: South African Tax Consequences

The Attribution Rules

• Introduction
• Section 7(2)-(2C) and Para 68 Transactions Between Spouses
• Section 7(3) and (4) and Para 69 Minor Children
• Section 7(5) and Para 70 Conditional Vesting
• Section 7(6) and Para 71 - Rights to Revoke; Section 7(7) - Retention
• Section 7(8) and Para 72 Transactions Involving Non-Residents
• Attribution Rules Para 73 Limits and Donations Tax

Section 7C - Interest - free or Low loans, Advanced or Credit

• Purpose and Application
• Outcomes and Exclusions
• Section 7C - Comparison with Section 7(8) and Section 31 (IN 127)
• Waiver, Distribution and Write-Off of Loan Accounts

SARS Reporting Requirements for Trustees from 1 September 2023: IT(t) Submissions

• SARS Reporting Requirements for Trustees: IT3(t) Submissions

SARS Trust Audit Response Guide

• Why SARS Targets Trusts
• Understanding the Type of Query You Have Received
• Immediate Response Protocol
• Documents to Assemble

Examples of Important Case Law

• Examples of Important Case Law

Training sessions included:

• Taxation Responsibilities: Donor, Trustee, Trust or Beneficiaries - Who Bears the Tax Burden (2 Hours)
• Beneficial ownership disclosures to the Master Office, CIPC, FIC and SARS 2026 (2 Hours)
• IT3(t) submission for Trusts - Deadline 30 September 2026 (2 Hours)
• IT3(d) submission for section 18A approved institutions - Deadline 31 May 2026 (2 Hours)
• Trust filing season and the required information to submit to SARS and The Master's Office 2026 (2 Hours)
• When Should a Trust Be Closed Avoid the Costly Mistakes Before You Wind Up a Trust 2026 (2 hours)

How to order post assessments

How to order post assessments