How to Register a Trust in South Africa
Last updated: 2026-03-19
Registering a trust in South Africa involves the Master of the High Court, not CIPC. A trust is created by a trust deed (the founding document) and is registered at the Master's Office in the jurisdiction where the trust will be administered. The process is more involved than registering a PTY Ltd and typically requires an attorney to draft the trust deed.
There are two main types of trusts in South Africa: inter vivos trusts (created during the founder's lifetime) and testamentary trusts (created by a will upon the founder's death). For business and estate planning purposes, inter vivos trusts are most common. The trust deed defines the trustees, beneficiaries, trust objectives, and powers of the trustees.
After the Master approves the trust deed and issues a Letter of Authority to the trustees, you must register the trust with SARS for income tax. Trusts are taxed at a flat 45% on retained income, which is the highest marginal rate. However, income distributed to beneficiaries is taxed in their hands at their individual rates through the "conduit principle" — making distribution planning a critical tax strategy.
Step-by-Step Process
Draft the trust deed
Engage an attorney to draft a comprehensive trust deed specifying the founder, trustees (minimum two, at least one independent), beneficiaries, and trust objectives.
Sign the trust deed
The founder and trustees sign the trust deed. Signatures must be witnessed and the deed may need to be notarised.
Lodge with the Master of the High Court
Submit the signed trust deed, trustee ID documents, and application forms to the Master's Office in the relevant jurisdiction.
Pay the Master's fees
Pay the prescribed fee for trust registration.
Receive Letters of Authority
Once approved, the Master issues Letters of Authority to each trustee. This document authorises them to act on behalf of the trust.
Register with SARS
Register the trust for income tax on SARS eFiling using the trust registration number (IT number). Register for VAT if applicable.
Open a trust bank account
Open a bank account in the trust's name using the Letters of Authority, trust deed, and trustee identification.
Key Requirements
- Trust deed drafted by an attorney (recommended)
- Minimum of two trustees (one must be independent if founder is a trustee)
- At least one trustee must be a South African resident
- Lodgement with Master of the High Court
- Letters of Authority issued to all trustees
- SARS income tax registration
Important Deadlines
- No statutory deadline for initial registration — but trust does not legally exist until registered
- Master's Office processing: 4–12 weeks typically
- SARS registration: within 60 days of the trust receiving income
Fees & Costs
- Attorney-drafted trust deedR5,000–R20,000
- Master of the High Court registrationR100
- SARS registrationFree
- Trust bank account openingVaries by bank
Non-Compliance Penalties
- Operating a trust without Letters of Authority: transactions may be void
- Failure to register with SARS: penalties up to R16,000/month
- Non-compliance with Trust Property Control Act: criminal offence for trustees
Frequently Asked Questions
How many trustees does a trust need?
Does a trust register with CIPC?
How long does trust registration take?
Related Calculators
More Trust Guides
Annual Returns
Annual Returns for Trusts in South Africa
Tax Obligations
Tax Obligations for Trusts in South Africa
PAYE & Payroll
PAYE & Payroll for Trusts in South Africa
BEE Compliance
BEE Compliance for Trusts in South Africa
Financial Statements
Financial Statements for Trusts in South Africa
Deregistration
How to Wind Up and Deregister a Trust in South Africa
Stay compliant with Accounter
Accounter helps South African businesses manage their accounting, tax returns, and compliance obligations — all in one platform. From R300/month.