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A Spanish resident asks whether she must pay tax on income from a South African trust and whether she can apply family business benefits. The DGT responds that taxation and benefits depend on the legal ownership of assets under applicable rules.
Question posed: Whether the taxpayer must be taxed, under Personal Income Tax, on the income obtained by the trust and whether they may apply the tax benefits inherent to the ownership and, where applicable, the transfer of shares in the family business if they meet the requirements provided for this purpose in the Wealth Tax and Inheritance and Gift Tax regulations.
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