6.3.1. Partnerships

Partnerships are not separate legal entities, and so are not taxed separately. Partners are required to file returns for the portion of the partnership income that has accrued to them. Income received or accrued in common by the members of a partnership is deemed to have accrued to them individually on the date that it accrued to them in common.

The tax loss that a limited partner of an en commandite partnership may claim may not exceed the income received or accrued from the partnership, plus the amount for which such partner is at risk that is, the amount he or she has invested.

6.3.2. Trusts

Where a trust is simply a "conduit" for income (generally taken to mean that income is distributed to beneficiaries in the same financial year as that in which it is earned), the trust is not taxed separately, and the beneficiaries are taxed on their benefits. Where the income is not so distributed, the trust is taxed as a separate taxpayer, on a scale very similar to that applying to individuals. Trading trusts which do not distribute their entire profits are therefore taxed separately. The Government has announced its intention to change the tax treatment of trading trusts, so that they are on a par with companies, the beneficiaries being viewed as shareholders. This has not yet been implemented.

The table of tax rates for trusts appears in the article titled 'Taxation - Individuals'.

For further information please contact: 

Werksmans Attorneys 

Werksmans Chambers, 22 Girton Road, Parktown, Johannesburg 2193 
P.O. Box 927, Johannesburg 2000 South Africa

Enquiries:        Mr Charles Butler
Telephone         27 (011) 488-0000
Telefax           27 (011) 484-3100/3200
E-Mail Address    cbutler@werksmans.co.za