In Delport v Le Roux and Others[1], the court’s judgment, delivered on 24 November 2022, is a r...
The rights of beneficiaries in a trust
Friday, 04 December 2020
Based on judgments in the law reports, it seems that family trusts provide rich potential for family squabbles. The decision of the Supreme Court of Appeal in Griessel NO & others v De Kock Case No 334/18, delivered on 6 June 2019, is a typical example. In issue was whether beneficiaries to the trust had
- Published in Trusts
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SARS draft interpretation note confirms taxation of payments to missionaries
Thursday, 19 November 2020
SARS recently issued a draft interpretation note about the taxation of amounts paid to missionaries. There has always been a view that amounts paid to missionaries from donations by supporters, often from outside South Africa, are not taxable because they are donations and not remuneration. Tax practitioners have not shared this view and have had
- Published in Income Tax
Recent decision on the Wills Act, 1953
Tuesday, 19 May 2020
On 28 April 2020 Sher J delivered a magisterial 40-page judgment in the High Court of the Western Cape in the matter between JW (Appellant) and Williams-Ashman & others (Respondents), case 16108/19. In issue was section 2B of the Wills Act, 1953, a relatively little-used and little known section because of its limited application. Section
- Published in Deceased estates, Interpretation of statutes
Primary residence exclusion : don’t trifle with it
Tuesday, 19 May 2020
A taxpayer with just enough passing acquaintance with tax legislation to be dangerous had a bright idea in relation to the primary residence exclusion in the Eighth Schedule to the Income Tax Act. Having read five years ago that the first R2 million of a gain on disposal of your primary residence is excluded from
- Published in Capital gains tax, Income Tax