Question Three (30 Marks)

On 1 February 2022 Vujo Sithole (58 years old) created a trust for the benefit of his three children (Joyce, Thava and Rico): Joyce is 16 years old and unmarried; Thava is 20 years old and married; and Rico is 23 years old and not a resident of the Republic since January 2018. He only visits the Republic once a year for a few weeks. Vujo donated an office block to the trust on 28 February 2022. The trust earns rentals from this building. Sam (66 years old), Vujos older brother, ceded the income from his block of flats to the trust until the trust dissolves. Sam also donated the following assets to the trust on 28 February 2022: an investment portfolio consisting of shares in listed companies earning local dividends; and a fixed deposit at a local bank earning interest.

The trust deed stipulates the following:

Thava has a vested right to all the retained office rentals. The trust is to remain in existence until Joyce attains the age of 25 years. When this occurs, the income from the block of flats will revert back to Sam, all other assets will be sold, and the proceeds split equally among the beneficiaries who are still alive. Any distributions by the trustees are to be made pro rata from all sources of income.

Income and expenditure of the trust for its 2022 year of assessment: Total Donor: Vujo Rent (offices) Donor: Sam Rent (flats) Donor: Sam Interest Donor: Sam Dividends Receipts and accruals 600 000 336 000 186 000 42 000 36 000 Ratio as percentage 100% 56% 31% 7% 6% Less: Distributions Joyce (minor) Thava Rico (non-resident) (60 000) (30 000) (15 000) (33 600) (16 800) (8 400) (18 600) (9 300) (4 650) (4 200) (2 100) (1 600) (3 600) (1 800) (900) Retained receipt and accruals 495 000 277 200 153 450 34 650 29 700

YOU ARE REQUIRED

TO calculate the taxable income of Thava, Rico, Vujo and Sam as a result of the income/accruals of the trust during the 2022 year of assessment.

You may assume that no taxpayer earned any other investment income