Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors

I am an SFP affiliated Financial Advisor

No. 119 – How to pay less tax in a family trust

by | Sep 24, 2024 | Divorce, Financial Planning, Uncategorized

Question

I retired three years ago, with half my income coming from my company pension fund and the other half from interest from investments. I am paying tax at a rate of 41%. Is there anything that I can do to reduce this amount?

Answer

The capital gains tax rate for trusts is high. It has an inclusion rate of 80% and the marginal tax rate of 45% giving you an effective capital gains tax rate of 36%.

 

Now if you were an individual, your inclusion rate will only be 40% so your capital gains tax would effectively be 18% if you were at the maximum marginal tax rate.

 

If you have any longer-term investments in a trust, I would certainly recommend that you consider using sinking fund structure for them. A sinking fund is a lot like an endowment except there is no life assured. This means that trust can own a sinking fund.

 

The big advantage of using a sinking fund is that the assets will be taxed at the life assurance company rate of 30%.  Any capital gains within the sinking fund will have an inclusion rate of 40%, thus giving an effective capital gains tax rate of 12%.  This means that your capital gains tax by holding your assets in the sinking fund will be 1/3 of what it would have been had they been held directly by the family trust.

 

So, to summarise

CGT for trust

Maximum CGT for individual

CGT for sinking fund

36%

18%

12%

 

The downside of having any investments in a sinking fund structure is that there will be liquidity issues for the first five years of the investment as there is a restricted period for withdrawals. Once the five years have elapsed you may make withdrawals from this investment whenever you like.  I would therefore only recommend it for the longer-term parts of your portfolio.  As trusts typically have a long investment timeframe, this should not be a showstopper.

 

Local trusts are prohibited from making direct offshore investments.  However, if your local trust wants to increase its offshore exposure, it can use the sinking fund vehicle very effectively to do this. The way this would be done is to invest in offshore assets using the asset swap capacity of a local asset manager.  This is a fantastic way to reduce the risk of the trust having all its assets in one country.

 

Trusts offer a great way for families to preserve and grow their wealth for future generations.  A bit of clever financial planning can certainly help reduce any leakage when it comes to paying tax.

KENNY MEIRING IS AN INDEPENDENT FINANCIAL ADVISER

Contact him via phone, email or via contact phone on the financialwellnesscoach.co.za website

Read more of our articles on the Daily Maverick website or newspaper weekly!

May 04 2026

No. 252 – A late-life divorce settlement must still work after the dust settles

Question My husband and I are divorcing after a long marriage.   I took time out of the workforce to raise our now adult children, so my retirement savings are much...
May 03 2026

No. 251 – Paying off credit card debt with a bond only works with discipline

Question I built up R80,000 of credit card debt during a difficult period. Things are now more stable, but the debt is expensive at 20.6%. I also have available credit...
May 03 2026

No. 250 – How to prepare your investment portfolio for retirement income

Question I will be retiring in three years. Should I be moving my money into the money market fund?Answer As retirement approaches, it is important to reassess your...
May 03 2026

No. 249 – How to manage retirement income in a falling investment market

Question I will be retiring at the end of June and I am horrified by what has happened to my retirement funds. They have dropped significantly since the beginning of...
Mar 29 2026

No. 248 – Savvy divorce planning starts with seeing whole financial picture

Question I am getting divorced. Everyone talks about the house, the pension and maintenance, but I do not even know where to begin. From a financial planning...
Mar 29 2026

No. 247 – Balancing care, finances and dignity for a parent with dementia

Question My mother is a widow and has been diagnosed with early-onset dementia. She owns several rental properties that provide her with income. She now needs to move...
Mar 29 2026

No. 246 – The case for not making hasty decisions in times of uncertainty

Question I am really worried about what is happening in Iran.  Should I move my investments into gold or the money market until things settle down?Answer The current...
Mar 29 2026

No. 245 – Think twice before establishing a trust to fund future education

Question I’d like to set up a trust for my five-year-old daughter’s education. Is that the right move?Answer A trust can be an excellent vehicle for providing for your...
Mar 02 2026

No. 244 – How modern endowment policies can make tax and estate sense

Question My financial adviser recommended that I invest in an endowment. Is this advisable? I’ve heard bad things about it.Answer For many South Africans, endowments...
Mar 02 2026

No. 243 – The right questions you should be asking about a living annuity

Question I will be retiring shortly and am looking at buying a living annuity.  I was told that the main item to look at would be costs.  The plan that I am looking at...

Download the Life File