Sale of immovable property and capital gains tax: When does the tax liability arise?
When does capital gains tax arise on the sale of immovable property – when the sale agreement is signed or when transfer is registered? We examine the relevant provisions of the Income Tax Act and case law to determine when CGT liability arises.
Big changes to South African trust law – seven things you must know
The Trust Property Control Act, 1988 (Trust Act) has governed South African trusts for almost four decades. The proposed Regulation of Trusts Bill, 2026 (Bill) would replace it with a substantially more detailed regulatory framework. Here are seven of the most important proposed changes for anyone who establishes, benefits from, or acts as trustee of a South African trust.
Your name, a company, or a trust? How to hold property in South Africa
When buying property in South Africa, a key decision is whether you should register it in your own name, a company, or a trust.
Each option has unique tax, estate planning, and asset protection consequences. Here is how they compare.
Seven reasons why South Africans should establish offshore trusts
An offshore trust is a powerful financial and estate planning tool for South Africans wanting to protect and grow their wealth in a globally compliant and secure manner. Here are...
Precedents to Prompts – ChatGPT and the Lazy Lawyer
The “old school” skills that make up a good lawyer are more important than ever in light of the increased use of artificial intelligence-powered tools like ChatGPT. Since its...
Tax Advice: Better Sooner than Sanctioned
If you are faced with a technical tax matter, being proactive and seeking professional advice early can prevent penalties down the line. SARS is entitled to impose significant...
The Rise of Emojis in Contract Law: A Thumbs-Up for Electronic Signatures
It was recently found in a Canadian court that the ubiquitous symbol of a “thumbs-up” emoji can constitute binding contractual acceptance, marking a significant global trend in...
External companies, beneficial ownership disclosures and the CIPC
On 1 April 2023 certain amendments (Amendments) to the Companies Act, No 71 of 2008 (Companies Act) were promulgated to strengthen South Africa’s combatting of money laundering...
South African Reserve bank may jump the queue in winding-up of companies
In the recent judgment of the Supreme Court of Appeal (SCA) in South African Reserve Bank and Another v Johnine Winsome Elisie Maddocks N O and Another (2023) (the Maddocks...