Taxes and trusts
She writes:
A trust pays 40% income tax. I would like to know whether it is 40% on all income, or 40% on profit?
Fiduciary Institute of South Africa member George Enslin, director of MTP (SA) and of GFE Financial, responds:
Please note that a trust pays 40% on all income (taxable income) declared.
This will include (but is not limited to):
• All investment income (interest income, foreign interest, foreign dividend income and taxable capital gain), as well as
• Income (taxable profit) from trading activities.
*Please note this will be 40% tax on the net profit, and not turnover (gross income) as raised in the question.
Example:
1. Interest earned: R10 000
2. Local dividend income earned: R10 000 (this will be taxed at 15% dividend tax before paid to the trust, the amount received by the trust will not form part of the 40% tax calculation)
3. Foreign dividend: R15 000
4. Foreign interest: R15 000
5. Capital gain: R50 000
6. Trading activities: R50 000 turnover
7. Trading expenses (deductible expenses in terms of Section 11 of the Income Tax Act): R20 000
No distributions were made to any beneficiaries, and therefore all income will remain taxable in the trust.
Solution:
Total taxable income: R95 000 (1+3+4+5+(6-7) as stated above.
Further notes:
• Interest earned: R10 000 at 40% tax: R4 000 tax payable
• Local dividend: R8 500 paid to trust after dividend tax deducted (a certificate will be issued to the trust reflecting the dividend tax credit)
• Foreign dividend: R15 000 at 40% tax: R6 000 tax payable
• Foreign interest: R15 000 at 40% tax; R6 000 tax payable
• Capital gain: R50 000 * 50% inclusion (50% for 2013 tax year and 66.6% for 2014 tax year): R 25 000 at 40% tax: R10 000 tax payable
• Trading activities net profit (income R50 000 minus expenses R20 000): R30 000 at 40% tax: R12 000 tax payable.
Total tax payable: R38 000.
Should you require any additional information please feel free to contact our offices.
- Fin24