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Capital Gains Posts in Tax Q&A

What declaration must a partner in an investment partnership include within his/her tax returns?



A number of individuals contribute monthly towards a partnership whose sole business is investing in the stock market. This results in capital gains and interest being earned on an annual basis. The administrator of the partnership issues an annual statement which reflects the % holding, interest and capital gains/losses which were derived during the relevant tax period. This annual statement is issued by the administrator for purpose of the individual partner's tax declaration in respect of the...

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What is the rate of tax for the sale intellectual property to a foreign company?



What is the rate of tax for the sale intellectual property to a foreign company?

Provisional Taxpayer or not?



Im currently working for a employer whom pays my salary monthly along with benefits such as Vehicle, Cell Phone, Medical and UIF/Pension. I'm also a partner in a small business that doesn't return large amounts, largest would be R60 000.00 per annual however would be paid out as a salary and also taxed. Would I therefore fall under a provisional tax payer or normal? Noting again that the income gained from the business is paid as a salary over the year and has its own taxes on it.

Tax on Interest only income?



I'd like to know how tax works based on this assumption:
>>
I have only one income and it's purely from interest earned off of investments (simple investments that give a fixed rate monthly so nothing funny about offshore, shares, etc.)
>>

My guess is that it's the equivalent of earning a salary (i.e. if you earned R3500 in interest monthly that you'd look up the tax rate in the current tax booklet and therefor have to pay nothing as tax appears to only be required when earning more than R5891 monthly)...

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Pro rate exemption on primary residence?



Would I qualify for pro rata primary residence exemption if I let my house for 7 years while out the country. The property was purchased in July 2001 as my primary residence then rented out from June 2006 to date of sale March 2013. I have not lived in the house since May 2006.

Entered profit made but only half of 33% pulls through as deemed income on eFiling?



I saw reply re base costs and proceeds but if I enter this on eFiling and ask for calc, my deemed/additional income is only 16% of profit made, I thought 33% will pull through?

Omitted to declare something on my return to SARS, now what?



My husband's tax consultants are busy completing his 2013 return. He was giving details about the sale of our old citi Golf for which we got R18 000. I suddenly remembered that that car is actually in my name not his. I've already been assessed for my 2014 return with no questions asked. I didn't have to pay anything nor get any refund. (Even if I had added this amount to my Capital Gains from an investment I have, it would still be way below requiring me to pay any tax on it. What should ...

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Trade my car in and receveid the difference of settlement amount. Must it be declared under what



I bought a new car for private use only. The old car was trade in. The new car was bought on credit without a deposit and the garage paid out the difference between settlement of the old car. Must I declare that money and under what must it b declare.

Tax on shares for capital purposes?



If one has a share account with a stockbroker and had made share sales in the year, how does one include this on their tax return? Do you log each stock capital gain separately or do you log a single number for all your different shares together?

Capital Gain Tax for Private Vehicles Used for Business?



I have a private vehicle which I use for business purposes.
I receive a travel allowance and also claim deductions on my return, based on the business mileage I do on the vehicle.

If I sell this vehicle, would I calculate capital gain/loss on the sale of the asset to input in my tax return?

How is the income from my discretionary savings taxed, in retirement, e.g. I invest the discretionar



I am about to retire at age 60 years, with two main streams of income, i.e. proceeds from Provident Fund and retirement annuities which I plan on putting in a Living Annuity and discretionary(after tax) saving proceeds. I understand the income from the living annuity will be taxed at PAYE rates. How is the income from my discretionary savings taxed, in retirement, e.g. I invest the discretionary savings in unit trusts and take an annual income from that which I place in my Money Market account t...

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Codes 4250 and 4251 do not appear on the form. What do I do?



I have been populating my eFiling Tax Return Form and cant find/create two Codes for Capital Gain: 4250 and Capital Loss: 4251. They are not on the eForm.
How do I create this?

Where do I enter the capital gain for unit trusts on my tax return



I have an IT3c unit trust provisional consolidated capital gains tax certificate in front of me. I need to fill in the capital gain for my unit trust under code 4250. I believe I need to select the last question on the first page saying - have you received any additional income. From there it gets rather confusing because it asks me under capital gain what assets and how many I have disposed of? Where do I just fill in the capital gain for unit trusts? If I say that I have disposed of assets and...

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Home office space deduction for tax purposes on my ITR12?



I have a small business. How much can I deduct for office space? My home is 800m2, using 80m2 as real office space. My homeloan deduction is R42 000 (R22 000 interest)?

Car trade-in a Capital Gain for tax purposes?



I traded my car in for a new car. The sales price was R10,000 more than I owed the bank, so the dealer gave me a R10,000 discount on the new car, i.e. I didn't physically receive the money.

Do I need to register this under Section 7 - Capital Gains - and if so, how do I calculate the base cost?

CGT on primary residence that was also rented out



I lived in a property for a number of years, then rented it out for a few more years after that, and I have now sold the property. It appears that CGT is only applicable to the pro-rata portion of the time that the property was rented out - thanks for the blogs and answers to previous questions on your site I was able to figure that one out. My problem is how to capture this in efiling. Do I pro-rata the base cost and proceeds and enter the reduced amounts? Or do I tick that it is a gain in lieu...

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What will the tax impl be of transferring property



I wish to have a property of my parents transferred to myself and the transaction to be concluded using an interest free loan from my parents. I then wish for them to write the loan off annually with the full amount that is allowed by tax, they are married in COP.Will this be possible?The value of the property is R1,5mil - municipal valuationWill there be any additional taxes on such a transaction?

What is the capital gains tax implications on a donation?



What is the capital gains tax implications on a donation?

Capital Gains based on actual purchase price and price on Deed due to exchange rate



Bought property for R1500000. By time exchange rate had changed paid R1900000 for it. Could difference in actual price be offset against Capital Gains

Do you need to include an assessed capital loss in your tax return?



I incurred an assessed capital loss for the 2013 tax year through sale of shares. For 2014, I made a capital gain also via shares. I read that we don't need to include the R30000 annual exclusion in our ITR12 as SARS will include this automatically. Does the same apply for the assessed capital loss? I can't find any place for it in SARS eFiling.

claiming rental expenses against bond (residential)



Hello Tim,I came across this and would like some advice on whether or not it means I shouldn't claim rental expenses for the space I use for office purposes in my home. I'm still paying the bond towards the property and use one of the rooms as an office. (beware, if you own your home, do not write off a portion of your interest on your bond or rates, as you will lose your primary residence capital gains exemption of R2-million! When you sell your property one day, this would equate to ...

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Do I submit an IRP6 for the sale of a primary property if there is no Cap Gains Tax payable?



On 3rd October 2014, I received proceeds from the sale of my primary residence. By my calculations, no capital tax is payable. I am registered as a provisional taxpayer, but have not had reason to pay any provisional tax for 5 years. Do I need to submit a provisional tax return on the sale by Feb 2015, or can I wait until I need to submit an ITR12 next year?

How do we treat annual exclusion when the taxpayer has made a Capital Loss?



CGT QUESTIONÏs the taxpayer entitled to annual exclusion if they made a Capital Loss? If Yes, what does the exclusion do to that loss (reduce or increase) ?

Rent income for shared property owned by my wife and me?



Our property (including a garden flat) is owned 50/50 by my wife and I. We stay in the house (primary residence).
How do we declare the Rent Income from the garden flat - just divide it in half for each person (including the applicable deductible expenses e.g. electricity)?

Check suitability of Tax-Tim format for specific taxpayer



Please let me know if Tax-Tim Smart deals with 1. ...share portfolios and resultant dividend tax and CGT2. ... portion of medical aid contribution paid by ex-employer, in case of retired person3. ...with state pension received from foreign country
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