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Who is taxed when a trust distributes gain to beneficiaries?

In a recent supreme court of appeal judgement, CSARS vs The Thistle Trust, an interesting question was considered. Who is taxed when a trust distributes gains to beneficiaries – should it be the trust or the beneficiaries? A dispute arose with SARS as to whether a trust’s disposition to its beneficiaries was to be assessed

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Interesting new court judgement regarding the accrual system

In the “old” days before 1984, couples intending to get married could only choose between two marital regimes in terms of legislation. These were in community of property, which meant that the assets of both parties would be combined into one estate of which each spouse owned one half, undivided interest, and out of community

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Why is it important to brand?

Now is an excellent time for South African products to enter global markets, according to Prof Melville Saayman, director of Tourism Research in Economic Environs and Society at North-West University. He explains why the branding of our agricultural products is so important. In 2015, the Tourism Research in Economic Environs and Society research unit at

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Bad Debt: Income Tax and VAT benefits

Section 11(i) permits a deduction from a taxpayer’s income of the amount of any debt due to the taxpayer which has during the year of assessment become bad, provided such amount is included in the current year of assessment or was included in previous years of assessment in the taxpayer’s income. This deduction will thus

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Difference between a Business valuation and a commercial property valuation

IntroductionIt is essential to understand that there are fundamental differences between how a business is valued and how commercial property is valued Commercial propertyThe valuation is based on the Net Rent income (BEFORE interest, depreciation, amortisation & tax)Thus, gearing (debt amount) has no impact on the valueThe risk in the value is in relation to

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The importance of branding in business

A business’s branding is more important than you might think. On the outside, your brand may seem like it consists only of elements such as logos and colours, but your brand is actually the entire identity of your business. Your brand gives you personality. Branding has always been a vital part of business, but it

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Appointing a B-BBEE Verification Agency

Every now and again, we are faced with the question: “Who is authorised to issue a valid B-BBEE certificate?”The answer is quite clear. A B-BBEE verification certificate can only be issued by a verification professional accredited by SANAS (the South African National Accreditation System). The ongoing importance of SANAS cannot be understated. The accreditation of

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Welcome to our comprehensive list of branding statistics!

Before we jump into the facts and numbers that help businesses rise or fall, we need to clear out the basics of branding and its importance. Branding is a combination of distinctive design and marketing tactics used to promote a specific product or service. As for its importance, branding is widely regarded as one of

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Divorce and your retirement funds – how will this affect you?

This article will deal mainly with provident funds and will not include separate rules applicable to other retirement funds. Apart from being involved in a major life-changing event involving sorting out the settlement agreement and worrying about the impact on the children, the parties to a divorce should be aware of how a divorce will

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VAT on the temporary letting of residential property by developers

Property developers develop residential property with the main purpose of selling the completed residential units in the course of making taxable supplies. Where a property developer who is registered for VAT develops residential properties for sale, the developer is entitled to deduct the VAT incurred on the development costs as input tax and is obliged

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POPIA: IT Security Best Practices

Hopefully, you are already registering for POPIA and working towards becoming compliant. The 1 July 2021 deadline is looming, and many are still unsure or unclear on what needs to happen. The very short and condensed version is you need to register an Information Officer and get all the necessary documentation in place. Unfortunately, this

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Crypto Assets and Tax

The word “cryptocurrency” was replaced with “crypto asset” in line with the proposed adoption of a uniform definition of crypto assets within the South African regulatory framework. A crypto asset is defined as a digital representation of value that is not issued by a central bank but is traded, transferred and stored electronically by natural

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Employment Equity Reporting

Employment Equity (EE) is one of the most challenging and underestimated elements of transformation that South African employers face. The window for Employment Equity reporting opened in September 2021, and the deadline for online submission is 15 January 2022. All companies qualifying as Designated Employers need to submit Employment Equity reports to the Department of

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Proxies and dementia

Clients often ask what they should do if one of their parents starts suffering from dementia. How does one even begin to manage the situation when it comes to estate planning? There are countless examples of elderly people who, due to their age and lack of ability, whether physical or mental, have given a supposed

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Harvest on Land – Implications for Estate

We all keep our fingers crossed for a good harvest, but what happens when I farm in my own name and pass away before harvest time? When a person passes away, his estate must be administered in accordance with the provisions of his will. The executor of the estate must ensure that the deceased’s liabilities

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Assessing the impact of COVID-19 on the auditing environment

The COVID-19 virus is here and it will impact us all.  We need to be prepared to deal with the impact it has on our personal as well as our professional lives.  Companies will still require audits but getting timely access to clients, data and evidence could prove difficult, with people practising social distancing and

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Why is Internal Marketing Important?

In our opinion, internal marketing is almost as important as external marketing. It may be a cliché, but your staff are your business; they are a big part of your brand. It is therefore important that each employee understands the firm’s direction and vision and really believes and lives the brand. A romantic statement, but

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Post pandemic consumer behaviour and what it means for your insurance and personal financial planning

The experience of living through COVID-19 has changed consumer behaviour, reshaping wants and needs and reprioritising what’s important and what’s peripheral. Some of these behavioural changes are likely to endure after the pandemic; including, greater health awareness, digital adoption, value-driven purchasing, and remote working and ‘nesting’ as homes take centre stage in more socially-distanced lives.

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The minimum information that must be displayed on a B-BBEE certificate

SANAS, the South African National Accreditation System, recently updated the R47 which is the document regulating the way in which accredited B-BBEE Verification Agencies should conduct their operations and B-BBEE verifications. Any B-BBEE Certificate issued on or after 7th October 2020, must contain the following information as per the new R47-03 in order to be considered

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Pre-Purchase Inspections – Becoming a must in SA

When buying a car, you just feel better when the AA does a pre-inspection of the car to make sure all is in order. Compared to a car a house is a much bigger capital layout.  Why will you not let a professional inspect a home before you buy it?  Daily there are victims who bought

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Soft skills development and training in the workplace

You’ve gone through the interviewing process and finally selected the ideal candidate for the job. This candidate has the technical skills they need to get the job done, but do they have the soft skills necessary to transition into their new role? So, exactly what are soft skills? In the workplace, we can distinguish between

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B-BBEE – The draft Legal Sector Code

On 08 November 2020 the Legal Practice Council issued an invitation to legal practitioners to participate in consultations for the development of the Legal Sector Code as a B-BBEE charter for the legal profession. Following the consultations and discussions within the Steering Committee, the draft Legal Sector Code was amended and published on 11 February

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