n Without Prejudice - Trust benefits and tax exemptions

Volume 7, Issue 9
  • ISSN : 1681-178X



The "conduit principle" in relation to the taxation of trusts is well-established. It provides that where trust income or capital that has been vested in beneficiaries it is taxed not in the hands of the trust, but rather in those of the beneficiaries. This principle is codified in s25B and paragraph 80 of the Eighth Schedule to the Income Tax Act (58 of 1962). (For purposes of this article the provisions of s7 which, in certain circumstances, tax the income of the trust in the hands of the donor of the trust assets, have been left aside.)

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