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Trusts and Estate Planning

I’ve previously written about the new rules relating to interest free or low interest loans to trusts, but the final amendment changes the game yet again and you could be in for some bad news.

Here are the salient points most likely to affect you.

1) The section now applies to trusts or companies in which the trust owns at least a 20% interest.

2) The difference between the interest calculated at the official rate (currently 7,75%) and the interest actually charged is now deemed to be a donation and subject to Donations Tax (currently at 20%).

3) Every natural person is allowed to make donations totalling R100 000 in each tax year free of Donations Tax, so, this R100 000 can be deducted from the deemed donation if no other donations were made.

4) The section does not apply if the loan was made to acquire the primary residence of the donor or their spouse.



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