Print Page   |   Report Abuse
News & Press: Deceased estates and estate duty

Strike a deal to scrap estate tax

23 July 2012   (0 Comments)
Posted by: SAIT Technical
Share |

By Matthew Lester (Tax Talk)

Of all the taxes, estate duty and capital gains tax (CGT) seem to get most taxpayers irate. But few stop to think how much these taxes actually collect.

Estate duty and donations tax are estimated to bring in only R1.3 billion out of total forecast tax collections for 2012/13 of R826 billion. For all but the wealthiest individuals, estate duty can be easily and legally avoided by the simple use of an inter-spouse bequest.

By the time mom and dad both join the choir invisible, there is seldom enough left to exceed the combined estate duty threshold of R7 million.

CGT caused much distress when implemented on October 1 2001. But, to date, it has not collected much. Between 2001 and 2007 CGT collected only R5 billion. The brunt of the damage was absorbed by our ridiculously over-inflated valuations at October 1 2001 and the time-apportionment formula.

But, as time goes by, CGT collections are increasing. By 2011 they had risen to R9billion a year, split R7 billion paid by companies and R2 billion by individuals. And, with the inclusion rates having increased to 66.6 % for companies and trusts, and 33.3% for individuals, one can hazard a guess that CGT collections will top R15 billion for 2012/13. That could buy seven presidential jets!

Hang on. Personal tax collections for 2012/13 are budgeted at R286 billion, or R33billion up on last year. So personal CGT collections are only around 2% - 3% of total personal tax collections and less than 1% of total tax collections. Surely there are finer targets to raise in anger?

Why did we abandon the shopping malls? It wasn't increases in interest rates. Probably the biggest causes were the increases in petrol and electricity prices. The effect over three years is frightening: R100, increased with the consumer price index, is now around R120. But fuel worth R100 three years ago will cost R137 today. The amount of electricity you could buy for R100 would cost around R183 now. That's worth a protest march.

This is all before we get anywhere near implementation of carbon emission tax. Apparently that could collect R80 billion a year.

SA could get rid of the estate duty debate with a simple trade-off. The taxpayer abandons the old CGT valuations and time-apportionment formula and, in return, estate duty is abolished.


Section 240A of the Tax Administration Act, 2011 (as amended) requires that all tax practitioners register with a recognized controlling body before 1 July 2013. It is a criminal offense to not register with both a recognized controlling body and SARS.


The Act requires that a minimum academic and practical requirments be set to register with a controlling body. Click here for the minimum requirements of SAIT.

Membership Management Software Powered by®  ::  Legal