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Property CGT Changes

Monday, 30 April 2012   (0 Comments)
Posted by: Author: Herschel Jawitz
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Property CGT Changes

The news about CGT in the recent Budget has brought, in some respects, further relief for sellers of primary residences—but the general increase of the CGT rates will have a definite and immediate effect on the pricing of property.

First, the good news: Primary residences sold on or after 1 March2012 for a value of R2 million and over, the first R2 million of gains will be exempt from CGT.This is an increase of R500 000 over the previous R1.5 million dispensation.The bad news came in the form of a substantial increase in the inclusion rate of the taxable net profit an individual realises when they sell.Formerly 25%, the rate is now 33.3%.This will translate into an average rate of CGT  an indivisual pays of 13.3%, which is substantially up from the previous average of 10%.

The increase from a 50% inclusion rate to 66.6% will apply when a company or close corporation sells a property ,which  translates  into an average  of 18.6%,up from the previous 14%. Trusts’ effective CGT rates have increased from 20% to 26.7%.

The increase in the inclusion rate when an entity sells a property is a further indication of SARS’ eagerness to encourage investors to take transfer of residences into their own names, as entities are to be used mainly for trading purposes.CGT is not a flat rate charged by SARS.Rather, it's a calculation based on the net profit realised,which is then added to an individual's income and taxed according to the tax tables.

Furthermore, it's a rollover tax,which means that even though the tax is triggered on the date the agreement is signed, it only becomes payable when the income tax return is submitted at the end of the financial year during which the property was sold.

The impact of the corporate inclusion rate increase from 50% to 66% is substantial. If a home is owned in a legal entity, then the actual tax payable to SARS will be as much as a third higher than last year, taking into account that the R2 million primary residence exemption does not apply in this case.

However , a number of deductions can be made against the gross profit.These include any renovations that were done, and which will qualify as an improvement to the property; estate agents' commissions (including the VAT); attorneys' fees (also including the VAT); and other fees for other professionals such as architects, draughts men—even beetle inspectors.However, costs for routine maintenance, such as painting the property, cannot be deducted.

Nevertheless, the increase in the rate of CGT on properties owned in a legal entity continues to make it financially prohibitive to own a property in this way.Owners need to make sure that they carefully consider the merits of owning a property in a legal entity.The tax amnesty period for properties to be transferred out of entities and into individual ownership is still available until 31 December this year, subject to certain requirements being fulfilled.Owners of properties in trusts,companies, and close corporations would be well advised to consider taking advantage of the amnesty benefit before it expires.

Source: By Herschel Jawitz (Tax breaks)



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