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So, your trust owns investment properties and is liable for 45% tax on the net income. You read my article about how this should have been structured. Is it too late to put it right? Fortunately, it can still be done thanks to s42 of the Income Tax Act. You need to do an asset for share swap. Here’s how it works – You need to slip a company between the portfolio and the trust. Ideally, it needs to be a company that you newly form. Then the first issue of shares is in favour…

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On the face of it s42 is a magic way of moving assets into a trust with no or low tax, but there’s a hidden catch. Here’s how you might see it at first glance. We’ll take a commercial property as an example. You own a commercial property in your own name. Let’s say it cost you R2m and is now worth R6m. You form a new company and issue its shares to yourself in exchange for the property. That’s the asset for share swap and there are no taxes of any kind imposed. According to s42,…

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