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Published byRandell Grant Modified over 9 years ago
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Emigration Estate Planning and Administration
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Issues Estate Planning and Wills: South African and Non-South African assets South African requirements on death Estate Planning and Tax: Income Tax Capital Gains Tax Donations Tax Estate Duty Martie Foster - Corporate Tax Consultant
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Wills South African and non-South African assets One will which deals with worldwide estate? Procedures vary significantly from country to country Succession law: Freedom to bequeath at will Forced heirship Martie Foster - Corporate Tax Consultant
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Wills South African requirements on death Reporting of death When? Who must report? Documentation South African estate exceeds R125 000 South African estate less than R125 000 No South African will? Martie Foster - Corporate Tax Consultant
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Tax Income Tax Residence Ordinary residence Physical presence test Double tax agreement No double tax agreement Non-resident Martie Foster - Corporate Tax Consultant
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Tax Capital Gains Tax Resident v non-resident Paragraph 12(2)(a) Applies to all assets except for: Immovable property in South Africa or any right or interest in such property Primary residence exclusion Assets attributable to a permanent establishment Could also apply to resident entities effectively managed and controlled by emigrant Martie Foster - Corporate Tax Consultant
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Tax Donations Tax Payable by residents Opportunities? Martie Foster - Corporate Tax Consultant
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Tax Estate Duty Residents v non-residents Opportunities? Martie Foster - Corporate Tax Consultant
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