Tax consequences of Incentive Trusts…a real incentive, or not?

Over the past few months the DTI as issued various clarification notices regarding the nature and potential impacts broad-based schemes and employee share schemes would have on the BBBEE score of companies. In addition, the now compulsory ownership element on the BBBEE scorecard has been widely debated. Particularly in the case of restrictions imposed on the equities held and the creation of debt at acquisition hereof.

Less focus has been given to the impact these arrangements practically have,the advantages and disadvantages of trusts, on the beneficiaries or employees.

The question therefore arises: are any of these benefits falling due to these employees being taxed either as income or as dividends? The answer to this question has a significant impact on the cash value received by these employees.


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