Real Estate Investor Magazine South Africa March/April 2020 | Page 56

SERIES PART 3 INVESTOR INTELLIGENCE Don’t let tax hold you back Understanding how tax works within your property investment legal structures JACO GROBBELAAR Tax is such a hot topic that even the Beatles sang about it. When I meet with clients, they probably have more questions about tax and tax implications with their property investments than anything else. S ometimes it seems as if people are more focused on not paying tax than they are on making money. This often makes me think of the saying, “Penny wise, pound foolish” … Let’s assume that the income tax rate for trusts is 45%, and 28% for companies. For individuals, a tax bracket scale applies. These assumptions are based on actual tax rates when this article was written. I will never forget what one of my mentors, a Chief Financial Officer of a JSE-listed company, always used to say: “There is one thing worse than paying tax and that is not paying tax. Rather build wealth and pay tax than not build wealth.” The good news is that a property portfolio with the right structure is probably one of the best investment vehicles to use to pay minimal taxes. Income tax: According to SARS, income tax is the normal tax paid on your taxable income. For a company or a trust, this tax will be applied to your net profit. The annual net profit is calculated as follows: Your income will be your rental income. Your expenses will be the interest portion of your bond payment, levies, rates and taxes, maintenance (excluding improvements, which should be capitalised), administration fees and all other expenses relevant to your property portfolio or legal structure. All these expenses are tax-deductible expenses that can be deducted from your income to derive your net profit. On this net profit amount, your tax will be calculated. Let’s start by looking at how taxes will apply to your property investment portfolio given the different structures in which you can build your property portfolio as discussed in the previous articles in this series. The two main types of taxes applicable to your property portfolio are income tax and capital gains tax. And when you invest in commercial property, value-added tax (VAT) often applies, but we will not discuss VAT in this article. 54 MARCH/APRIL 2020 SA Real Estate Investor Magazine