In the National Budget, tabled in Parliament on 27th February 2013, the Minister of Finance indicated that government was proposing several legislative measures during 2013/14 regarding trusts to curtail perceived tax avoidance associated with trusts.

The world of offshore trusts is now more dynamic than ever.

High net worth individuals and their associated trusts have in the past been identified by the South African Revenue Service as posing a risk of non-compliance to tax legislation.

In recent years (inter vivos) trusts have become a popular vehicle to use for purposes of employee share schemes to facilitate empowerment transactions within the private sector.

Trustees play a vital role in managing trusts, and staying compliant with tax and regulatory obligations is paramount. Recent legislative amendments have brought significant changes...

The Regulation of Trusts Bill, 2026 seeks to repeal South Africa's Trust Property Control Act, 1988, introducing sweeping changes to trust law including expanded beneficial ownership disclosure requirements, enhanced trustee duties, and new criminal penalties. Will these modernization efforts align South Africa with international transparency standards, or will the onerous compliance obligations discourage competent professionals from serving as trustees?

The establishment of an offshore discretionary trust ("the Trust") by a South African tax resident person ("Settlor") gives rise to various South African tax considerations.

The CRS require the trustees to identify the settlor, beneficiaries and other natural persons exercising ultimate effective control and report the necessary financial information to the relevant foreign revenue authority.

Amendments to the Trust Property Control Act 1988, which are intended to address the shortcomings in beneficial ownership transparency in South Africa's regulatory framework, were brought into force on 1 April after the implementing regulations were gazetted on 31 March.

Can cryptocurrency be held in a South African trust, and what regulatory frameworks govern such arrangements? This analysis examines the intersection of traditional trust law with digital assets...

Clients who have made, as well as those who are considering making, interest-free or low-interest loans to trusts must take note of a recent inclusion to the Income Tax Act.

The recent case of Nedbank Limited v Houtbosplaas (Pty) Ltd and Another raises interesting considerations for accountable institutions aiming to comply with their obligations under the...

The decision of the Supreme Court of Appeal ("SCA") in Shepstone & Wylie Attorneys v De Witt has reaffirmed that, unless the trust deed provides otherwise, trustees must act jointly for the trust to be bound by their acts.

In 2021, the Financial Action Task Force ("FATF") released its Mutual Evaluation Report of South Africa, which contained an assessment of South Africa's effectiveness in combating money laundering and terrorism financing.

A trust is a legal arrangement whereby a person or entity (i.e. the trustee), holds and manages assets on behalf of another person (i.e. beneficiary) according to terms set out by the person...

The rise of the discretionary family trust has long seemed inevitable. It appears to provide unparalleled commercial and fiscal flexibility to achieve multi-generational wealth transfer...

The South African Draft Taxation Laws Amendment Bill, 2018, which was published by the Minister of Finance on 16 July 2018, introduces many of the tax proposals announced in the 2018 Budget Review earlier this year.

The Davis Tax Committee's First Interim Report on Estate Duty was released for public comment on 13 July 2015.

In a previous article the use of trusts in companies as valuable BBBEE planning strategies was highlighted; specifically from a compliance perspective.

The Regulation of Trusts Bill, 2026 has been presented as the long-awaited replacement for the Trust Property Control Act 57 of 1988. It may appear to be a legislative update intended to modernise trust administration and reflect developments in the law since the current framework was enacted nearly four decades ago. Its scope extends well beyond modernisation.