Why should you register a Trust webinar

WHY SHOULD YOU REGISTER A TRUST?

According to a recent report published by Statistics South Africa on Labour Market Dynamics, it was estimated that the South African workforce is working an average of 40 to 44 hours a week. The average South African will spend the equivalent of over 94 days a year, working to build up their estate and provide for their loved ones but will often overlook a very important principle of growing and building one’s estate. Underpinning the investment philosophy of one of the World’s most successful investors, Warren Buffet, is what has become known as a golden rule of investment and wealth preservation. Buffet famously said, “Rule No.1 is never losing money. Rule No.2 is never forgotten Rule No. 1.” The number one wealth preservation rule is to protect your assets.

What is a Trust?

A Trust is one of the best ways to protect and preserve your assets and an excellent estate planning tool. A Trust is not owned by any one individual and is an entity that is quite distinct from the individuals who benefit from it. This unique position allows for the separation of assets from individuals who benefit from or use the assets owned by the Trust. A Trust will help you separate your assets from any risk that your personal estate may be exposed to such as property investment debt, sureties, business interests, or any other risk that you may be exposed to. Once all one’s assets have been legitimately transferred to a properly constituted Trust, the individual will have divested themselves of the ownership of the assets yet will benefit from and enjoy the use of the assets held by the Trust subject to certain conditions.

Why should you register a Trust?

A Trust will also ensure continuity for your loved ones should anything happen to you. A Trust will continue to pay benefits to your dependants after you die and any assets and bank accounts of the Trust will not be frozen during the winding up and administration of your estate. This means that should you die, a Trust will ensure that your dependents continue to have access to capital and income after your death which would not be the case if these assets remain in your personal estate as they are frozen during the winding-up process leaving your dependants cash strapped and unable to receive an income or benefit until your estate has been finalized which tends to be a lengthy process.
Another reason to seriously consider a Trust as part of your estate plan is the tax savings upon your death. Although tax incentives should not be the primary motivation to register a Trust, it is worth noting the benefits a Trust will provide upon the death of its founder. Upon the death of an individual, there are certain tax implications. Estate duty is payable on the life assets of an individual at a rate of 20%. Further, death is a capital gains event that triggers a capital gains tax levied at a rate of up to 18%. Moreover, Executor’s fees are calculated at 3.5% plus VAT of the gross value of your estate which will be payable to your executor who assists in winding up your estate. Not to mention the possible transfer and bond cancellation costs that may be payable on immovable property or other assets that are registered in your personal estate when it is transferred out of your estate to your heirs. All told, your personal estate may be exposed to a significant amount of tax and costs.

Let us help you ensure the future of yourself and your loved ones.

It would be unfortunate to spend a lifetime of work building up your assets and growing your estate and overlook the ‘golden rule’ of wealth preservation. If you are working hard to build up assets and you are concerned about preserving those assets for yourself and your loved ones then talk to a knowledgeable trust adviser at TLi Global. Feel free to get in touch with us for assistance with your Estate Planning.
We will be presenting a webinar titled “Why should you register a Trust” which will be held on the 8th of June 2022 and will provide an overview of what a Trust is, how a Trust works and what the benefits of registering a Trust are.

Check out our webinar

If you would like to attend our webinar please register at the following link:
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https://TLIGroupTrusts.gr8.com/

Panashe Chifamba – Director at TLi Global

Set up a meeting with me

Book a meeting today to secure your Trust by clicking the link below

https://calendly.com/panashe-4

 

Newsletter 2/ 2022

TLi GLOBAL NEWSLETTER – FEBRUARY

BLOGS AND WEBINARS:

Following on from our “Think Global” blog and webinar series (which you can access on https://tli.co.za/news/  and our YouTube page which was focused on growing a global footprint, during the month of February, we will be providing resources that will focus on how to build your business. From the legal essentials required to start a business, the big picture structure of your organisation to selling a business for those who are looking for an exit strategy. On the 1st of February 2022, Savannah Solomons presented a webinar titled, “How to start your business – legal essentials” which focused on the seven legal considerations to prioritize when starting a business. You can access the webinar here. This will be followed by a webinar titled “How to sell a business” which will be presented by Theunis Liebenberg.  In this webinar, Theunis will discuss fundamental considerations to consider when selling a business as well as tax exposure of the Seller, Suretyships and much more. This webinar will be presented on the 28th of February 2022. To subscribe to the webinar click here

FREE WILL AND TRUST REVIEW:

In a little over a month, we will be entering the 3rd year since COVID-19 was declared a global pandemic. COVID-19 has taught us many valuable lessons big and small and it has upended many of our established social and business norms. What has become clear during this pandemic is the transitory nature of the things and ideas we once thought to be fixed, as the saying goes nothing can be said to be certain except death and taxes. 

With that in mind and as we reach this undesirable milestone, it is a good time to reflect on your estate plan. Do you have a last will and testament that needs to be updated or reviewed? Have you set up a Trust to safeguard your families interests and if so, have you had the terms of your Trust deed updated or reviewed to suit your current needs and wishes? We at Tli Global are offering a free Will and Trust review during the month of February. You can get in touch with us on our LinkedIn page (https://www.linkedin.com/company/tli-global/)  or on our website which you can access at (https://tli.co.za/contact/) to request a free Will or Trust review.

 

We wish you a productive and prosperous February and look forward to engaging with you.

Newsletter 1/ 2022

It’s 2022 and we are getting the year started by kicking off with a business development series. But before we get into that here are some highlights from the end of the year.

TLi kicked off our first newsletter in November focusing on the business core offering which includes:

  • Creation of offshore corporate structures with local support in various countries;
  • Tax advice including tax planning and structuring for emigration purposes;
  • Investment migration opportunities;
  • Estate planning;
  • Assistance with immigration and emigration;
  • Estate administration including assistance with offshore estates;
  • POPIA, GDPR and international data regulation compliance.

Our team followed this up by doing a blog and webinar series on Globalisation and the growing importance of incorporating a global mindset when considering long term asset and wealth growth and protection. If you missed this you can read the blog here https://tli.co.za/2021/11/11/protect-your-local-base-and-future-generations-by-thinking-global/ and view a recording of the webinar here https://drive.google.com/file/d/11q_6IBkhN4b2Z6KGk5dW6zGSL9Pdy5uW/view?usp=sharing

This was followed by a blog article and webinar on the financial consequences of emigrating which can be accessed here: https://tli.co.za/2021/11/29/what-are-the-financial-consequences-of-emigrating/ and here: https://drive.google.com/file/d/1WqVQbGvUWKVybCjdXQBI2flijrY92yjE/view?usp=sharing

For our Business Development Series, we will be starting with a webinar on 31 January 2022 at 6PM on how to start a business, locally and offshore, and the main things to focus on when getting your company off the ground.

To sign up to our business webinar click the link below

https://businesswebinar.subscribemenow.com/

To get the year going we are also offering a complimentary high-level review of your will and/or trust to identify any potential risk and necessary amendments. We will then provide a complimentary 15 minute consult to run over the risks with you. To sign up for the review please send us an email.

What are the financial consequences of emigrating?

The rapid increase of cross-border trade in goods and services, technology, flows of investment and information has brought about an unprecedented period of globalisation. 

It is no surprise then, that many South Africans are heading abroad for work and, in some cases, to settle permanently. According to Stats SA, the white population declined by 17,311 people between 2020 and 2021, this despite the fact that between March 2020 and February 2021 the World Health Organisation declared COVID-19 a pandemic and  nearly 105 000 movement restrictions were implemented around the world. Evidently, there are many South Africans who have sought to take advantage of the global era and many more who are considering making the move.

So, you make the decision to Emigrate and after months of planning and painstaking deliberation you have finally sorted out your travel and living arrangements, your bags are packed, and you have sold or given away everything that you won’t be taking with you. At this point it appears that everything is in order, but have you taken a moment to consider the financial and tax implications of your move?  Often when making the move abroad many neglect to consider the financial and tax implications that come from emigrating from South Africa. As the famous adage goes “If You Fail to Plan, You Are Planning to Fail.” It is crucial to understand the tax consequences of moving abroad and planning appropriately. Which is why TLi Global has decided to provide you with an overview of what you need to consider from a tax perspective before you make the move.

TAX RESIDENCY

South Africa has a residence-based tax system. This simply means that South African residents are taxed on their worldwide income and worldwide asset base regardless of where that income was earned (subject to certain exclusions).  Conversely, non-residents are taxed on their South African sourced income.

It is therefore prudent to give due consideration to your tax status when you move abroad as it will have a massive impact on your expenses. 

Depending on your long-term plans it may be preferable to become a non-resident for tax purposes to avoid paying tax in South Africa and in certain circumstances it may be desirable to preserve the status quo and retain your tax residence in South Africa. 

TAX EMIGRATION

Tax emigration is the process of terminating your obligation to pay tax on worldwide income in South Africa. Essentially, this is the process of informing SARS that your tax status has changed. 

Prior to March 2021 when the Taxation Laws Amendment Act came into effect, it was possible for one’s status to be changed from resident to non-resident for exchange control purposes without ceasing to be a South African tax resident. This would allow an individual to access and withdraw their South African retirement savings early and transfer the proceeds abroad without terminating their tax residence in South Africa. As from March 2021, in order to access, withdraw and transfer your retirement annuity savings abroad you will need to cease being a South African tax resident. Moreover, one must now prove that they have been non-resident for tax purposes for an uninterrupted period of three years in order to access these savings. It is worth noting that the process of tax emigration, particularly as it relates to accessing your retirement savings abroad, requires authorisation from SARS – it is therefore important that you are tax compliant.

DOUBLE TAXATION AGREEMENTS

Tax systems vary from Country to Country which creates the possibility that a particular income can be taxed twice – by the country in which the income was sourced as well as the country in which the income earner is resident for tax purposes. Tax relief is provided in such instances of double taxation through Double Taxation Agreements (“DTAs”). 

DTAs are international agreements contracted between countries that address the possibility of competing taxing rights which can result in one taxpayer being taxed twice on the same income. South Africans contemplating moving abroad must plan ahead and look at what their tax treatment will be considering the DTAs between their destination country and South Africa. If one does not terminate their tax residency in South Africa, the taxpayer may be required to pay tax on their foreign income in South Africa as well as in the country in which the income was sourced. A DTA may ensure that this does not happen. It is worth noting however that not all countries have a DTA with South Africa and this may not always be possible.

“EXIT TAX”

It is important to consider the consequences of terminating your tax residency. Depending on your circumstances and consideration of your long-term goals it may be prudent to change your tax status to non-resident. Changing your tax status to non-resident triggers a Capital gains event. This means that you become liable for capital gains tax which is often referred to as ‘exit tax.’ This is because SARS considers you to be selling your worldwide assets to your foreign self – SARS is therefore claiming the tax it would have received on your worldwide assets if you had sold them as a South African tax resident. The Capital gains tax is calculated by determining the value of your assets on the day you become a non-resident.

Evidently, wherever you go tax follows you. It is therefore important to ensure your tax affairs are dealt with prudently. This process is complex and time consuming and it is important that you get good tax advice which is suited to your circumstances and long-term goals. We at TLi Global, are committed to excellence and part of our mission is to raise awareness of the importance of prudent tax planning and ensuring that we provide good and practical tax advice taking into consideration your specific needs and goals. Feel free to get in touch with us for assistance with your tax related matters.

We will be presenting a webinar titled “Emigrating from South Africa in 2021” which will be held on 8 December 2021 at 6pm and will provide an overview of what to consider when emigrating from a tax perspective as well as discussing some popular and attractive countries to settle and work in.

If you would like to attend our webinar series please register at the following link: https://emigratingwebinar.subscribemenow.com/

You can subscribe to our blog and newsletter here: https://ops-ae49a.subscribemenow.com/

TLi Global newsletter – November 2021

Tli Global: Who we are

TLi Global is the head of a group of companies all working together to provide a seamless ‘one stop shop’ service focussed on excellence in the following areas;

  • Creation of offshore corporate structures with local support in various countries;
  • Tax advice including tax planning and structuring for emigration purposes;
  • Investment migration opportunities;
  • Estate planning;
  • Assistance with immigration and emigration;
  • Estate administration including assistance with offshore estates;
  • POPIA, GDPR and international data regulation compliance.

The TLi Global initiative has been launched as a company focussed on long term personal and corporate structuring which takes tax issues into consideration with the aim of ensuring effective long term wealth protection and management.

Our team is dedicated to providing our clients with a wholistic service directed at the long term well being of our clients.

Meet the team:

Theunis Liebenberg (Director of Tli Global):

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Theunis Liebenberg was admitted as an attorney in 1993. Theunis started his legal career as a Commercial Prosecutor in Johannesburg in 1989 and after completing his LLB part-time, served his Articles at Blakes Maphanga Attorneys in 1991 where he mainly did work for the major banks in SA and worked a further year as a professional assistant before joining Absa Group Legal Services. 

Theunis initially specialised in Commercial Litigation but gradually started doing more and more Corporate, Commercial and Insolvency Law work. As a result he became a Company Lawyer specialising in the formation, listing, acquisition, merging and unwinding of Companies. Theunis is a dynamic, innovative Company Lawyer that provides and develops legal services and products aimed at providing practical solutions for clients’ needs and requirements. 

Areas of expertise 

• Commercial Law 

• Corporate Law 

• Insolvency Law 

• Tax Law 

Savannah Solomons (Director of Tli Global):

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Savannah is an LLB graduate of the North West University Potchefstroom.

She started articles in Pretoria in 2016 where she gained experience in a broad range of civil litigation matters including insurance, commercial, tax and delict. She subsequently joined Shaban Clark Coetzee Attorneys in 2018 and was promoted to senior associate at the firm in March 2019 after which she headed the commercial department dealing with general contractual consulting and drafting, mergers and acquisitions, providing corporate structural advice, and conducting cross border due-diligence reports.

Savannah founded Solomons Legal Consulting after recognising the need for quality legal services to be provided at an efficient and affordable level. She designed the ecommerce platform to ensure immediate access to a wide range of corporate, commercial, and labour services at affordable, fixed rates. She is driven by the concept of globalisation and a passion to provide cross border estate planning that merge with global development. As such TLi Global is the prefect platform for her to grow and implement this service at an exceptional standard together with her team.

Companies she worked with range from small companies to large corporates, as well as multinationals. 

Areas of expertise 

• Commercial Law 

• Corporate Law 

• IT Law 

• Trusts and Estate Planning and Corporate Structuring 

Panashe Chifamba (Director of TLi Global):

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Panashe obtained his LLB degree from the University of the Free State in 2017 and holds a higher certificate in Business Principles and Practice and is completing his Masters in Corporate Law with the University of South Africa. 

Panashe has gained experience in Commercial Law and Estate planning for corporates and individuals and specialises in Commercial Law and Trust Law. Panashe is a dynamic Commercial lawyer who is committed to finding innovative solutions to individuals and corporates in the commercial sphere.

Areas of Practice 

  • Commercial & Company Law;
  • Company structuring;
  • Company secretarial work and CIPC agent; and
  • Trusts and Estate planning.

BLOGS AND WEBINARS:

During the month of October, the TLi Global team will be providing resources that can be accessed free of charge on www.tli.co.za including blog articles and webinars following a “Think Global” theme designed to provide a blueprint to grow a global footprint. The blog article titled “Protect your local base and future generations by thinking Global” will be published has been published at the following link: https://tli.co.za/2021/11/11/protect-your-local-base-and-future-generations-by-thinking-global/ which is focussed on the concept of globalization – embracing it as a first option and long-term estate planning goal. This will lead up to the webinar titled “Prosper and protect your assets by opening yourself to a global economy” presented by Savannah Solomons on 24 November 2021 which can be subscribed for here: https://TLiwebinar.subscribemenow.com/. This will be followed by an article titled “What are the financial consequences of emigration? which will lead up to the webinar titled ‘Emigrating from South Africa in 2021’ presented by Panashe Chifamba. In addition to the content that the TLi Global team will be publishing, we will also be conducting free reviews of Wills and Trust deeds. You can get in touch with the TLi global team via LinkedIn on the TLi global page or through  www.tli.co.za .