A loop structure is an arrangement whereby a South African resident invests in an offshore vehicle which, in turn, invests in South African assets, or assets in the Common Monetary Area (CMA).
The latest changes confirm that loop structures entered into by South African-resident individuals, companies and private equity funds with authorised foreign assets will no longer be prohibited. However, the circular is silent on local trusts which means that, for the time being, local trusts are still prohibited from owning offshore assets or creating a loop structure.
These changes are designed to encourage inward foreign investment into South Africa and to make the country a more attractive destination for foreign investors. There have also been a number of changes to the Income Tax Act to allow for the tax revenues flowing from these structures to be accounted for.
These changes create some interesting estate and financial planning opportunities for South African residents but cautions that the exchange control and tax changes are not straightforward. “We strongly suggest seeking sound advice from a trusted advisor when restructuring your affairs in light of these changes.
