ARTICLE · 09 AUGUST 2016

Taxation Laws Amendment Bill Released For Comment

ENS

Explore more from ENS

It is now proposed that such dividends declared prior to vesting of the shares will be subject to income tax in the hands of the holder.

South AfricaTax

Bernard Du Plessis

Author LinkedIn connections

The Taxation Laws Amendment Bill 2016 has been released for public comment. It introduces various interesting amendments to South Africa's tax law, which include the following:

Use of trusts

In circumstances where an interest-free loan has been advanced to a trust by a connected person (which includes a beneficiary or a relative of a beneficiary), it is proposed that a market-related rate of interest (currently 8%) is deemed to be paid on that loan. This deemed interest will not be tax deductible in the hands of the trust but will be taxable in the hands of the lender and will not qualify for an interest exemption.

To the extent that the tax payable by the lender in respect of this inclusion is not recovered from the trust within three years, this will be treated as a donation to the trust and donations tax will be imposed thereon at the rate of 20%.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Deferral Of Payment Arrangements With SARS: What You Need To Know

South AfricaTax

SNG Grant Thornton

Debt Compromise: Can You Settle Your Tax Debt For Less?

South AfricaTax

SNG Grant Thornton

Provisional Tax Understatement Penalties: First-time Provisional Taxpayers

South AfricaTax

SNG Grant Thornton

Frozen Accounts And Fraudulent Funds: Navigating The Rights Of Banks, Customers And SARS

South AfricaTax

Registration For Diesel Refund Modernisation Opens As SARS Ushers In New Digital Era

South AfricaTax

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

Comparative Guide

Tax

Comparative Guide

Tax Disputes

See more popular content from

Tax

Africa Tax In Brief

African nations are implementing sweeping tax reforms across multiple jurisdictions, from Angola's supplementary petroleum incentives and Nigeria's virtual asset taxation framework to Mauritius's digital marketplace VAT rules and the Democratic Republic of the Congo's mining royalty adjustments. These coordinated changes reflect a continent-wide effort to modernize revenue collection, expand digital taxation, and strengthen compliance mechanisms.

South AfricaTax

Africa Tax In Brief - 14 July 2026

This comprehensive update covers significant tax and regulatory developments across 30 African jurisdictions during mid-2026, including Angola's new oil block incentives and unified Personal Income Tax Code, Botswana's major tax rate increases and transfer pricing regulations, Kenya's Finance Act 2026 with mortgage interest relief expansion, Nigeria's implementation of the unified Taxpayer Identification system and presumptive tax regime, and Rwanda's new transfer pricing rules framework. The bulletin exami

Africa Tax In Brief

According to the OECD's Revenue Statistics in Africa 2025 report released in December 2025, tax revenues as a percentage of GDP have increased in 24 countries...

Extending Boundaries: Adjustments To South African Exchange Control Limits And Powers

The Financial Surveillance Department of the South African Reserve Bank (“FinSurv”) recently published a suite of draft exchange control circulars for comment, giving effect to the Minister of Finance’s 2026 Budget Speech announcements...

South AfricaTax

Africa Tax In Brief

This comprehensive briefing covers recent tax law changes, regulatory updates, and compliance requirements across multiple African jurisdictions including Benin, Botswana, Burkina Faso, Burundi, and many others. The updates span corporate tax reforms, VAT amendments, withholding tax changes, and new administrative procedures affecting businesses operating throughout the continent.

Tax Landscape Mining

South Africa's mining sector operates in a complex tax, regulatory and ESG environment requiring careful management of specialist income tax rules, mineral royalties, VAT, customs obligations...

South AfricaTax

SNG Grant Thornton

Frozen Accounts And Fraudulent Funds: Navigating The Rights Of Banks, Customers And SARS

A South African High Court has ruled on the lawfulness of account freezing by banks based on fraud suspicions and affirmed SARS's authority to issue third-party notices under section 179 of the Tax Administration Act. The case arose after a close corporation fraudulently claimed a VAT refund of R3.28 million, transferred R900,000 to an individual's account, prompting the bank to freeze the account and SARS to pursue recovery through a third-party notice.

South AfricaTax

Section 42 Asset-For-Share Transactions: The Unsuspected Dangers When Transferring Immovable Property

Section 42 of the Income Tax Act, Act 58 of 1962 (herein the "ITA"), allows for the tax implications, normally associated with a disposal of assets...

South AfricaTax

Tax Law Tightens For SA Trusts With Offshore Beneficiaries

South Africa's recent amendment to section 25B of the Income Tax Act introduces a material change in the taxation of income distributed by resident trusts to non-resident beneficiaries.

South AfricaTax

Beach Weather | Legal Marketing

Understanding SARS Objections: Understanding Dispute Resolution & SARS Debt Management Deadlines, Extensions And How To Get It Right

As SARS intensifies enforcement through data analytics and AI, taxpayers face increasing technical and procedural risks when disputing assessments. Understanding the objection process—from requesting reasons to meeting strict deadlines and providing proper documentation—can determine whether a tax dispute is resolved efficiently or escalates unnecessarily.

South AfricaTax

SNG Grant Thornton