Residential Guidebook Residential Guidebook 2015 | Page 18

ACQUIRING Property Ownership The different ways of buying property T here are four main ways in which a property can be purchased. In South African law, a natural person is someone who acts and conducts business in their own name, while a juristic person is a legal entity, such as a company, trust or close corporation. Buying as a natural person This refers to buying a home in your own name as an individual. Deciding in which legal entity to purchase a property must be carefully considered beforehand. When a decision is made to buy a property as a buyto-let investment, it is important to consider and plan what sort of strategy you, as the property owner, have in owning the property. “Where the primary residence is sold for R2 million or less, the full capital gain will be disregarded.” When doing so, transfer duty will be paid according to a sliding scale depending on the purchase price of the home. When it comes to Capital Gains Tax (CGT), provided the property is the owners primary 16 Residential Handbook 2015 residence, they will be exempt of paying any CGT on the first R2 million of any profit made on the sale of the property. Also, where the primary residence is sold for R2 million or less, the full capital gain will be disregarded. Income tax that is paid might be lower (as little as 18%) than the tax paid if the property is owned in a company or trust’s name. Buying a property as a (Pty) Ltd Private companies purchasing property pay transfer duty at the same rate as a natural person. However, no transfer duty is payable by the seller if they are registered for Value Added Tax (VAT) and the property forms part of the operations for which the seller is registered. When the property is sold as part of a rental portfolio (?), the deed of sale must contain certain specific provisions and may be zero-rated for VAT, which means no transfer duty or VAT is payable. Private companies will pay a comparably higher CGT, with an inclusion rate of 50%, and an income tax rate of 28%, which translates into an effective CGT rate of 14%. Since companies do not die, no estate duty is payable. Although, if an individual is a shareholder of the company, the value of the shares and the loan www.reimag.co.za