
Tax uncertainty clouds offshore trust distributions
Practitioners warn that applying section 7(8) to cross-border trust distributions could create onerous and potentially perpetual tax and compliance consequences.

Practitioners warn that applying section 7(8) to cross-border trust distributions could create onerous and potentially perpetual tax and compliance consequences.

A proposed amendment to the Income Tax Act will tax unit trust investors on capital distributions before disposals, without any base cost offset.

Proposed amendments could undermine the tax-efficient compounding that makes a collective investment scheme an attractive investment vehicle.

Trusts that have failed to comply with the rules are exposed to penalties and fines.

Trustees will have to report directly to Sars, outside of the current trust tax return process, and before the trust tax return is due.