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Emigration Estate Planning and Administration. Issues  Estate Planning and Wills:  South African and Non-South African assets  South African requirements.

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Presentation on theme: "Emigration Estate Planning and Administration. Issues  Estate Planning and Wills:  South African and Non-South African assets  South African requirements."— Presentation transcript:

1 Emigration Estate Planning and Administration

2 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

3 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

4 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

5 Tax  Income Tax  Residence  Ordinary residence  Physical presence test  Double tax agreement  No double tax agreement  Non-resident Martie Foster - Corporate Tax Consultant

6 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

7 Tax  Donations Tax  Payable by residents  Opportunities? Martie Foster - Corporate Tax Consultant

8 Tax  Estate Duty  Residents v non-residents  Opportunities? Martie Foster - Corporate Tax Consultant


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