Donations to the kids will not save you from paying tax

Published Jun 10, 2000

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Last week we spoke about tax issues that could arise when you attempt to

divert your income to someone else by donating income-generating assets to

him or her.

This involved both minor children and other people.

This week we`ll chat about minors specifically. These issues are covered in

Part 14 of your tax return. You will realise that most sub-parts of Part 14

refer to a ``minor child`` and require you to explain commercial

transactions, not only those that pertain to you, but to your minor

children as well.

The reason for this is that, in the past, tax evaders were diverting income

which accrued to them to their minor children who were paying tax at a

lower tax rate (because the first rand of taxable income in excess of your

rebates is taxed at 19 percent and the tax rate progresses to 42 percent

the bigger your wallet becomes) and effectively increasing the after-tax

income of the whole family.

It`s important to appreciate some of the reasons why the Receiver of

Revenue specifically wants to know about certain transactions between

yourself and your minor children on the tax return.

Parents used to donate ``gifts or presents`` (such as large amounts of money

or even businesses or other income-generating assets) to their children.

The whole thing was a ploy designed to avoid the income or the profits from

those assets (it could be interest from fixed deposits, for example).

In most cases parents would create trusts and name their minor children as

beneficiaries to benefit from the profits made by those trusts in which the

income-earning assets were included.

Now, there are specific sections in the Act that state that whatever income

is received by your minor children as a result of your donation of

income-generating assets to them will effectively be seen as your income

and subjected to a tax rate that takes into account all your other income -

likely to be higher than the tax rate your minor child would pay.

And it does not end there. Even if you donate assets to someone (even if

it`s not to your child) and you still have a current or future interest in

the assets donated, you will carry the tax burden on the income derived.

Furthermore, the use of trusts has been less attractive as you can no

longer use the losses from those trusts to reduce the income that you made

from other sources.

Any losses will be trapped in that trust, which means that if the loss from

the trust is, say, R10 000 but you had a taxable profit of R8 000 from your

other business, that profit will not be reduced by the loss from the trust.

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