2017 Taxation Laws Amendments

I have just read through the final bill [27 of 2017]. Section 7C is still wrong. It refers to companies in which a beneficiary of a trust has a 20% equity shareholding. This means that if you are a beneficiary of any trust (local or overseas), any interest-free or low-interest loan you make to any company, in which you own 20% or more of the shares (even if a trust has absolutely no interest), will be hit by section 7C, even if there is no donations tax or estate duty avoidance (i.e. no transfer of wealth). This was not the purpose of section 7C. Maybe lenders should either charge interest at the accepted rate, or remove themselves as beneficiaries of all trusts until National Treasury fix their error.

Fathima S.

Strategic Finance Leader| Commercial Finance Focused | Knowledge-sharing Advocate

7 年
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Phillip Haupt

Tax Consultant & author of Notes on South African Income Tax

7 年

Agreed

Cheryl Howard

Consultant / Director - Multiple Family Offices

7 年

Or better still National Treasury should get it right first time so that as a profession we can give proper structuring advice without the need for scenario planning or guess work in anticipation of how National Treasury plan to fix the drafting errors.

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