ST&T Compliance

Independent Trusteeships

Stellentrust Compliance will consider the appointment as independent Trustee in existing and new trusts to assist founders and Trustees with compliance in respect of the following:

Trust Property Control Act.
Income Tax Act.
Other relevant legislation.

Compliance will focus on:

Satisfying the terms of the Trust Instrument;
Guiding the Trustees on their rights, powers and responsibilities;
Ensuring that proper records are kept as regards:
- Trustee meetings, minutes of such meetings and resolutions;
- Trust documents;
- Annual financial statements;
Annual tax returns;
Amendments to the Trust instrument and Trustees as and when required;
Ensuring that the investment of the Trust Capital is undertaken in a prudent and professional manner having regard to the needs of the beneficiaries, the term of the Trust and investment powers contained in the Trust instrument;
Ensuring that the interests of one class of beneficiaries (income) does not outweigh the interests of another class (capital);
Ensuring that the Trustees disclose any potential conflict of interest and manage any such potential conflict in accordance with the Trust instrument;
Fulfilling the role of an honest broker where there may be competing interests between beneficiaries;
Keeping the Trustees abreast of any changes in the relevant legislation and also informed about relevant Court Rulings;
Ensuring that the objectives of the Trust are satisfied in accordance with the Trust instrument; and
Risk management in general.

Whilst Stellentrust Compliance will not actively manage trust investments, it will guide the Trustees on an appropriate mandate for any investment manager appointed and assist the Trustees with a watching brief over the performance of the trust investments in accordance with the mandate given to any investment or fund manager.

Business Services Cover

Enabling the establishment of the most suitable business entity, assisting with all statutory registrations, providing legal, secretarial and financial accounting services and attending on contracts and compliance such as tax and other statutory returns. It also includes assistance with satisfying the new Codes for Best Practice (B-BBEE). These services allow the entrepreneur to fully apply his/her skills to develop a new business whilst he/she has access to an operations office that takes care of everything else.

Key Aspects

Stellentrust Compliance can:

Register new companies, reserve names, change company details, convert close corporations and submit annual returns including relevant CIPC work.
Manage board meetings and prepare special resolutions and minutes.
Provide shareholder agreements, Memorandum of Incorporation, Buy-and Sell agreements, Partnership Agreements and any other related agreements. We can also advise the use of partnership assurance that is estate duty free.
Assist in sourcing structured financing.
Set up of Management Accounts and Annual Financial Statements.
Prepare financial accounts.
Monthly Management accounts-bookkeeping.
Advise on B-BBEE requirements.
Manage payrolls and submission of PAYE, UIF and COIDA as well as VAT returns.
Address any queries from the South African Revenue Services (SARS) and ensure that you pay the correct amount of tax.
Arrange for tax advice in relation to queries from SARS, including the preparation of objections and submissions for rulings from SARS on complex matters of tax law.

Tax Compliance

This value-added service is aimed at ensuring that you, as a client, or any Trust that you may have, comply with statutory requirements in terms of South African Income Tax laws.

The service includes advice on Capital Gains Tax, Estate Duty, Donations Tax and Public Benefit Organisations.

The submission of a properly completed return (for individual clients, companies and any type of trust) to the SARS is not such a routine matter any longer. It is the collection of information and processing thereof that makes this an onerous task for most taxpayers.

The Stellentrust Compliance service includes:

Sending you an annual tax questionnaire so that your tax information can be reviewed and updated.
Capturing the information contained in retirement annuity contribution certificates, interest certificates, etc.
Checking for any outstanding information or changes to the information from the previous tax year.
Obtaining tax certificates if you are unable to do so.
Submitting the completed annual Income Tax return to SARS.
Reconciling the assessment once received.
Arranging settlement of any debit assessment, once found in order.
Lodging an objection to the assessment if found to be incorrect.
Communicating with SARS regarding any queries or outstanding requirements.
Reconciling revised assessments for correctness.
Preparing a tax calculation estimate if required.
Preparing and calculating provisional tax payments and submitting provisional returns and payments.
Following up on outstanding credit assessment refunds from SARS.
Obtaining tax deduction directives in respect of lump sum payments.
Retaining records for tax audit purposes.
Assisting you in obtaining the required clearance certificate for your offshore investment allowance, financial emigration or tender.

Unique Benefits

Our tax practitioners are all registered with a relevant regulatory body;
and
Our tax practitioners specialise in tax compliance and have many years of practical experience.
Tax practitioners continuously interact with both you and your Relationship Manager / Intermediary to ensure an integrated and holistic service.
Our tax practitioners have direct access to a comprehensive electronic South African tax library.

Publications

Our tax practitioners participate in communicating important information to you through newsletters and tax guides.

Charges

Please refer to the official Tariff of Fees.

Application Forms

Application for Will	Download File
Application for Trust	Download File
Confidential Questionnaire	Download File