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All news by: Katy Bolton, with input from Nadia van der Merwe and Niel Wepener Stemmet - Moore Infinity

Thistle – A Continued Thorn in the Taxpayer’s Side

The taxation of trusts in South Africa (“SA”) has long been a debated area of tax law, shaped by evolving legal interpretations. The recent case of Thistle Trust v Commissioner for the South African Revenue Service (CCT 337/22) [2024] ZACC 19 (2 October 2024) (“Thistle”) addresses the tax treatment of capital gains arising within multi-tiered trust structures.
 
This article briefly explores the taxation of different types of trusts in SA and examines the impact of the Thistle decision.

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