Tax Relief for Residential Property Owners

Private Property South Africa
Karien Hunter

The South African Revenue Service (SARS) has introduced tax relief for home owners who own their primary residence through a trust, CC or company. Home owners can now transfer property owned through a trust, CC or company into their own names, free of Transfer Duty, Secondary Tax on companies or Capital Gains Tax – provided that the home owners have financed the acquisition of the property owned by the trust, and in the case of a member of the CC or company, are a shareholder or member of such CC or company. In the event of a property owned by a company or CC, the property may also be transferred to the spouse of such member or shareholder, even if the home owner is married to their spouse out of community of property. This relief is unfortunately not available to farmers, as the property must be less than 2 hectares in extent to qualify for the tax relief. Home owners have until 31 December 2011 to register transfer in terms of these provisions. Karien Hunter is a respected property lawyer, and the founder of AMC Hunter Inc

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