Land & Property Law News South Africa

Budget Speech announces further tax bracket for transfer duty

In the 2016 Budget recently delivered by Minister of Finance, Pravin Gordhan, the calculation of transfer duty in respect of transactions with a property value under R10 million has not been affected. However, a further tax bracket has been implemented in respect of the transfer duty rate on the portion of the property value above R10 million, which will increase from 11% to 13%.
Budget Speech announces further tax bracket for transfer duty
© Jakub Jirsak – 123RF.com

With effect from 1 March 2016, transfer duty will therefore be payable at the following rates on transactions that are not subject to VAT:

Value of PropertyTransfer duty
R0 – R750 0000%
R750 001 – R1 250 0003% of the value above R750 000
R1 250 001 – R1 750 000R15 000 + 6% of the value above R1 250 000
R1 750 001 – R2 250 000R45 000 + 8% of the value above R1 750 000
R2 250 001 – R10 000 000R85 000 + 11% of the value exceeding R2 250 000
R10 000 001 and aboveR937 500 + 13% of the value exceeding R10 000 000

Transfer duty payable in respect of property transactions where the underlying agreements were concluded on or after 1 March 2016 will therefore be subject to the new transfer duty provisions and will be calculated as per the above table.

Agreements concluded prior to 1 March 2016 will therefore still be subject to the calculation of transfer duty based on the previous tax dispensation, notwithstanding that the date of fulfilment of suspensive conditions in terms of such agreements, or the registration of the transfers of the properties under those agreements may occur after 1 March 2016.

The Minister stated that higher capital gains inclusion rates and measures to strengthen the estate duty and donations tax are also proposed. It was announced that the current taxes on wealth are under review by the Davis Committee.

About Simone Immelman

Simone Immelman is a director in Cliffe Dekker Hofmeyr's Real Estate Practice.
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