Income tax rates 2010: Individuals and Trusts

[Ladel]

Special trusts

What are the requirements by SARS for a trust to be considered a special trust?

Hi Dave

Follow this link for the full report but here's the definition:

3.1
Definition of “special trust”
A “special trust” as defined in section 1 of the Act, with effect from the 2003 year of assessment, means -
“a trust created -
(a) solely for the benefit of a person who suffers from –
(i) any “mental illness” as defined in section 1 of the Mental Health Act, 1973 (Act No. 18 of 1973); or
(ii) any serious physical disability,
where such illness or disability incapacitates such person from earning sufficient income for the maintenance of such person, or from managing his or her own financial affairs: Provided that where the person for whose benefit the trust was so created dies, such trust shall be deemed not to be a special trust in respect of the years of assessment ending on or after the date of such person’s death; or
(b) by or in terms of the will of a deceased person, solely for the benefit of beneficiaries who are relatives in relation to that deceased person and who are alive on the date of death of that deceased person (including any beneficiary who has been conceived but not yet born on that date), where the youngest of those beneficiaries is on the last day of the year of assessment of that trust under the age of 21 years.”

[Dave A]

What are the requirements by SARS for a trust to be considered a special trust?

[Ladel]

Please excuse this newby... I found the thanks button , consider yourself duly thanked!

[Ladel]

Hi M

I wanted to thank you, but I can't see where, so if it's allowed I just want to drop this note to saying thanks for 1. Helping me find this website and 2. Answering my query on the new tax rates!

Ladel

[Morticia]

INCOME TAX: INDIVIDUALS AND TRUSTS
Tax rates (year of assessment ending 28 February 2010)

Individuals and special trusts
Tax Rebates
Primary R9 756
Additional (Persons 65 and older) R5 400
Tax Thresholds
Below age 65 R54 200
Age 65 and over R84 200

Trusts other than special trusts Rate of Tax - 40%