Capital Gains Tax On the Sale of Property

By Tevait Feanle •  Updated: 01/23/24 •  5 min read

When we hear the word ‘tax’ we tend to think of the most common types of tax, like income tax. However, there are also tax implications when you buy or sell an asset (like buildings or property). This is usually a one-time, but rather large, transfer of value between parties. The tax these transactions attract is known as Capital Gains

- ADVERTISEMENT -
Tax (CGT). It is a complex and sometimes intimidating field- but don’t worry! We are here with some key basics to help you better understand Capital Gains Tax and how it affects the sale of properties.

What is the Capital Gains Tax on Selling Property in South Africa?

Capital Gains Tax is a tax levied on the profit gained from the sale of an asset. While this doesn’t only mean property, the sale of property in South Africa is the most common way CGT is triggered. When you sell a property and realize a capital gain (i.e. make money on the sale instead of a loss), a portion of that gain becomes subject to tax. Losses do not attract CGT, although some types of capital loss can be ring-fenced or rolled into other areas of taxation.

To put this differently, it is common for pricey assets like property to rise in value over time. SARS does not expect you to incrementally declare that rise in their value on every tax return, especially as prices and markets are volatile and change swiftly. Instead, when you make ‘real money’ on the asset by selling it for a better price than you paid, instead of holding a notional value on a balance sheet, you will pay the tax on that value increase as a one-time CGT payment.

Who Pays Capital Gains Tax on Property Sales?

The responsibility for paying Capital Gains Tax on property sales falls on the property owner, be it an individual or a legal entity like a PTY LTD or trust. This includes residents, non-residents, companies, trusts, and other entities that derive capital gains from the disposal of South African property. The tax is calculated based on the net capital gain, which is the difference between the selling price of the property and its base cost. 

What is the Current Capital Gains Tax in South Africa?

The base Capital Gains Tax rate in South Africa is currently 18%. This is for individuals and special trusts. There are higher rates (of 21.6% and 36%) for companies and other trusts respectively. These rates are adjusted from time to time but do not typically rise annually like income tax rates. This rate is applied to the net capital gain, and property sellers should keep this rate in mind to accurately estimate their tax liability. 

- ADVERTISEMENT -

How Do I Avoid Capital Gains Tax in South Africa?

It is not possible to entirely avoid all Capital Gains Tax on property sales. However, some legitimate strategies and exemptions can help minimize the tax liability as much as possible. This includes:

Additionally, if you are selling a small business valued at under R10 million, and are over 55 years of age, there is a R1.8 million exclusion you can use that can be applied towards the buildings where relevant.

How Do I Calculate My Capital Gains?

Calculating Capital Gains requires you to know both the proceeds from the sale and the base cost of the property. The formula for calculating Capital Gains is as follows:

Capital Gain=Selling Price−(Base Cost of the property + Incidental Costs)

Where the ‘base cost’ is the original purchase price with additional acquisition costs (like transfer duties and legal fees), and the cost of any improvements made to the property. ‘Incidental costs’ are those you will incur during the sale, such as legal fees, transfer duties, and estate agent commissions.

Once you’ve calculated the capital gain, you can then apply any applicable exclusions, deductions, or reliefs to determine the net capital gain. This is the section that will be taxed.

Capital Gains Tax is a sometimes confusing tax type that can be very difficult for the average person to understand. Hopefully, this article has helped you come to grips with the basics, so you can feel more confident about CGT and your property sale. 

- ADVERTISEMENT -

Keep Reading

How to Become A Tax Practitioner At SARS

How to Become A Tax Practitioner At SARS

We’re here with the details you need about becoming a tax practitioner at SARS today. 

What is the Carbon Tax in South Africa?

What is the Carbon Tax in South Africa?

What is the Carbon Tax in South Africa? Today we will be unpacking some CBT basics you should be aware of.

SARS Tax Procedure to Follow When An Employee Dies?

SARS Tax Procedure to Follow When An Employee Dies?

SARS Tax Procedure to Follow When An Employee Dies? When an employee's life journey concludes, there are essential steps regarding their tax matters

How Tax Reduction Stimulates Economic Recovery

How Tax Reduction Stimulates Economic Recovery

Who Qualifies for Tax Returns in South Africa?

Who Qualifies for Tax Returns in South Africa?

Not everyone qualifies for tax returns. This article explains everything you want to know about tax returns. 

How to Claim Work From Home Tax Credit In South Africa

How to Claim Work From Home Tax Credit In South Africa

This handbook will guide you through claiming the work-from-home tax-related credit in South Africa.

What Is A Settlement Agreement In South Africa

What Is A Settlement Agreement In South Africa

This blog post will be centred around a settlement agreement in South Africa. Other related questions on settlement agreements will be expatiated

How to Claim A Refund For Excess TAX Paid

How to Claim A Refund For Excess TAX Paid

This piece will update you on how to receive a SARS repayment, who can obtain a refund, what to do to acquire a refund

Where to Get A Medical Scheme Tax Certificate?

Where to Get A Medical Scheme Tax Certificate?

Here’s everything you need to know about medical scheme tax certificates, which are a critical part of proving your medical aid expenditure

Difference Between Tax Rebate and Tax Threshold?

Difference Between Tax Rebate and Tax Threshold?

Difference Between Tax Rebate and Tax Threshold? This article explains different concepts you should know about filing tax returns. 

Reasons You Still Need to File Your Tax Return 

Reasons You Still Need to File Your Tax Return 

Reasons You Still Need to File Your Tax Return. Here are some good reasons why you should file your tax return

How to Check SARS Tax Compliance Status

How to Check SARS Tax Compliance Status

Today, we are diving deeper into how to check (and prove) your SARS tax compliance status if you need to

Why SARS May Reject Your Tax Return

Why SARS May Reject Your Tax Return

Today we look at the common reasons for rejection of a filed return, and how to resolve these issues for a smooth and compliant tax filing process

What Does a Tax Attorney Do?

What Does a Tax Attorney Do?

This guide explains everything you want to know about the role of the tax attorney, career path, and potential earnings

How Much Is PAYE Tax Deduction In South Africa?

How Much Is PAYE Tax Deduction In South Africa?