Residential Guidebook Residential Guidebook 2015 | Page 19

account are deemed as assets in their estate. The value verified by the company’s accountant, together with any amount owing by way of loan account, will increase the value of their estate. A Secondary Tax on Companies (STC) of 10% is levied on all profits distributed in the form of dividends. Buying a property as a close corporation Close corporations can continue to exist until deregistered, dissolved or converted into a private company governed under the new Companies Act. Close corporations face the same transfer duty, CGT and tax implications as companies. The only difference between buying in a close corporation and a company, is that close corporations are governed by the Close Corporations Act 69/1984. They are managed by members. Ownership is restricted to a maximum of 10 natural persons. There is no need to provide audited financials, which substantially brings down the administration fees. A trust can be registered as a member of a close corporation. Buying property as a trust A trust is established by a founder or settlor, trustees and beneficiaries. The founder will appoint trustees www.reimag.co.za in terms of the Trust Deed who will manage the affairs of the trust for the named beneficiaries. A property held within a trust will not form a part of an individual’s estate when they die, which means that the estate will benefit from estate duty savings. Since the trust is a separate legal entity, the property held within the trust is protected from being attached by creditors of the beneficiaries. This provides a safe option to protect assets. Other benefits include no executor fees when the owner dies. All repairs and maintenance, as well as other bills such as water and rates will be for the trust’s account. Depending on the investment structure that is used when purchasing a property and the varying tax and legal implications that may be applicable, consult your attorney or financial consultant before signing an offer to purchase. However, consider that, “The costs of running the entity must be justifiable with the amounts made in rent from those properties versus maintaining the structure,” says Michael Bauer, Managing Director of IHPC. RESOURCES RE/MAX, IHPC Residential Handbook 2015 17