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Capital Gains Posts in Tax Q&A

VDP in respect of Interest on foreign funds



Hi. I worked in the UK for the period from about 1982 until about 1986. During that time I purchased a house there in 1982. After coming back to SA in 1986, I kept the house until selling it in 1987. The proceeds from that sale remained behind in the UK in an interest earning account. I have not declared any of the interest earned on the account since then until now. Wanted to know what are the SA tax implications of this interest that was not declared and also whether I can apply for VDP in res...

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Supporting documents for capital gains tax deduction



I have sold my primary residence which was bought in 2002 and there will be a profit of more than
R2 000 000 subjected to Capital Gains Tax. There were a few small improvements (not maintenance) done over the years which I believe can be included in the base cost for example Paving, Blinds, Towel and curtain rails, cornices and garden landscaping. However, I do not have documentary proof for some of the older improvements anymore. (Improvements still form part of property)
My question...

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Capital gains tax on primary resindence



Hi Tim, My wife and I bought a house which we own 50/50. We are currently renting out that house as we want to renovate it at some point in the future and then move into it. We currently live in another rented house (ie are renting it from someone else). Would the primary residence be the residence we currently reside in (ie are renting) and the secondary residence be the house we own but are renting out? Then on the rental income, as well the associated expenses of the house we own, do we just ...

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Do we calculate vat on legal fees from Road Accident Fund proceeds?



I work for a legal firm that deals with Road Accident Fund (RAF) on behalf of our clients. We deduct an amount of legal fees after the matter is settled - can we use the amount received from RAF to calculate our input vat?

Selling an asset what is the capital gain tax implication



Selling a property that we live in

Are consulting fees with regards to a share sale agreement deductible?



Are consulting fees incurred for the acquisition of 75% equity shares in company deductible?

Capital Gains Tax on shares sold from a deceased estate



Does a capital gain on shares sold from a deceased estate after the death of the deceased get taxed?

Tax on share options



On 1 March 2011 MaxBuild Ltd granted me an option to purchase 10 000 equity shares in the company for R75 each. The conditions attaching to the grant of the option were that I would not be entitled to dispose of the shares for five years or until I resign, whichever occurred first. At 29 February 2016 the shares had a market value of R123 each. This offer was not extended to any other employees at the time it was made and I'm still in the employment of MaxBuild Ltd. How will this transaction be ...

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Tax implications of funds held in Share Platform



I have a question regarding funds held and traded out of EasyEquities - a share platform you might have heard of. For example, say I want to sell my SAB Miller stock at current value of R1,000 (bought it a year back for R500). I want to know will there be any tax implications if I keep that money in my EasyEquities account and reinvest it into another share. In other words, I haven't paid out the money to my bank account, but just reinvested it back into another share?
Or, does the selling of the shares automatically invoke CGT (calculated at time of sale) even if the funds didn't come directly back to me?...

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Returning to SA after 8 years and still earning pounds and not rand. When am I tax resident in SA?



I'm South African born and worked and lived in the UK for 8 years before moving back about a year ago. I have dual citizenship and I am still paid and taxed by a UK company and earn no income in South Africa. When will I be considered a tax resident in South Africa?

I went to see a tax consultant who didn't really give me much info except 'don't worry', that while I'm not earning South African income I wouldn't be taxed here. I also have shares in a UK company that I'm periodically se...

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CGT on sale of business



What CGT will be payable if you sell a business that you started in 2004 with a R3,000 loan, you now sell it for R5. 5 mil and pay a 10% commission.

Capital Gains Tax calculation



I recently sold my home in South Africa at R6,500,000 (5 April 2016). I purchased this property in 2006 at R3,500,000. When would I need to submit this to get CGT assessed. In addition to the R2,000,000 primary residence exclusion, what is the 2016 annual exclusion? Is there a SARS CGT call number?

Capital Gains Tax - costs of selling primary home.



When selling one's primary residence, am I correct to assume that closing out of the bond is included in costs of selling the asset when it comes to CGT payments? Does this fall under costs of selling the asset?

How do I gain access to company's Efiling profile?



I am the director of a company, whose tax was done by a tax practitioner, with the company on their SARS eFiling profile, I did not have shared access. The company's tax has since been transferred to a new tax practitioner for various reasons. The initial practitioner has indicated that he has transferred the profile, but has in fact not, and is refusing to assist me further. Could you advise on how I can gain access to the companies Efiling profile?

Do I need to transfer service contracts from personal account to my company?



I recently registered a business. I however still run an online ecommerce site where the proceeds go to my personal account by way of EFTs, Cash, SnapScan and PayFast. I also pay vendors from my personal account. Can the net profit simply be transferred to the business account for tax purposes or do I need to re-register all of the above services with the company details. The ultimate goal is of course to avoid having a large income tax from both a salary and this 'sideline' ecommerce store.

Minor's tax obligations on inheritance



If a minor child inherits - how much do they have to earn before they must be registered for paying tax?
If they are not liable for tax, does one as the parent still have to notify SARS that they have funds invested?

Tax on donations



My father has sold his house at a discounted price to my eldest sister and some of the proceeds of the sale will be split between the remaining siblings. What are the tax implications for my father and is there any way to minimize the taxes which will be levied on him?

Are bond initiation fees, legal fees and valuation fees deductible for tax?



Hi, I have registered as a provisional tax payer and did my tax return in August. My rental expenses (levies, interest and taxes) are greater than my rental income I earn. Do I still need to file the provisional tax payer tax return now and see if any payments are due?

I have paid for your services for my personal income tax, but haven't received any of my tax information yet (for investments, medical aid etc). Must I just wait until those all come later in the year and send them thro...

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It is aleady summarised



Is south African interest exempted?

SARS, bitcoin wallets and disbursement of BTC funds



However, there are a number of issues that I cannot get to grips with regarding the storage of BTC in a wallet and the further use of BTC outside the fiat system:

1) If I moved my BTC to a wallet provider outside of SA (blockchain, based in Luxembourg but servicing globally) does SARS see this as an offshore transaction? as:
a) The wallet provider is not a registered global institution as such. b) No interest is accumulated to this wallet / amount, so no income is generated.
...

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Tax number for checks



I recently had to give my tax number to a rental agent/landlord for a lease application. Does this mean they could gain access to my tax records if they have my tax number?

Which year do I declare CGT on property sale?



If the date of sale and the registration of that same property fall under two different tax years, which is the year applicable for submission of the tax return to SARS?

Capital gains tax on primary residence



I want to proceed with Tax Tim to complete my tax return for 2015 as it seems I have a penalty of R 1215. My question is, my tax practitioner did not complete my last tax return and I have managed to gain control of my SARS eFiling and changed my status from a Provisional Tax Payer to Ordinary Tax Payer, do I submit my tax return as a Provisional or Personal Tax Payer. I did not work in 2015, sold my jointly owned property in JHB, moved to CT and bought another property from the proceeds. I have...

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How do I get my login details for efiling?



How do I get my login details for SARS eFiling?

MInor - tax liabilities



If I need to register my child (minor) for tax due to interest and or CGT earned from their investment - do I register them as a provisional tax payer or as an individual tax payer? If my child earns less than R 75,000 through interest/CGT do I still need to register them for tax even though they have no tax liability?

The pricing on your website for individual tax - would assume that this is per tax submission?
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