Taxes on Capital Gains

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

As taxpayers, we are very used to the annual taxes we face, like our income tax. Business owners will also be familiar with things like VAT, customs, and import duties. However, there are some other taxes that you will come across for singular or unusual events. A classic example of this is the Capital Gains Tax (CGT

- ADVERTISEMENT -
). While most of us only encounter CGT a few times in our lives, it can be a hefty tax burden, and it is critical to understand what it does and when it is triggered. We’ve compiled this basic guide to help.

What is the Capital Gains Tax?

Some types of property, from artwork and antiques to vehicles and properties, are expected to appreciate (gain) in value over time. It would be clumsy and impractical for SARS to expect you to show these gains in every income tax return, especially if you are not actively trying to pass that asset on to a new owner and the gain is only notional! 

Instead, when you do reach the point of sale or transfer, CGT assesses how much value the asset gained vs what you paid for it, and a one-time tax is levied to account for this increase in value. The objective is to ensure that individuals and entities contribute their fair share to the tax revenue when they make a profit on the disposal of assets, without complicating the ownership process beforehand. In South Africa, the tax on capital gains is governed by the Eighth Schedule of the Income Tax Act. 

How is Capital Gains Tax Calculated?

Before you can work out your Capital Gains Tax due, you need to determine what the Capital Gain was in the first place. This uses a rather simple formula, although finding the figures to use can be complex in itself. This formula is as follows:

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

The selling price is, obviously, what you sell the asset for. The base cost is its initial purchase price, as well as any additional costs you paid (think legal fees and transfer duties). You can also add the cost of improvements you made to this amount. Incidental costs cover those you incur during the sales process, again including legal fees, transfer duties, and things like the commission for estate agents or auction houses.

Once the net capital gain is determined, it is then subjected to the applicable Capital Gains Tax rate. This is currently 18% for individuals and special trusts, and 21.6% for businesses. Remember, only the capital gain portion is taxed, not the entire sales figure.

Which Assets are Subject to Capital Gains Tax in South Africa?

A wide range of assets are subject to Capital Gains Tax in South Africa

- ADVERTISEMENT -
. If it is a valuable asset that can be expected to appreciate in value over time, it will probably have CGT implications. Some common examples include:

  1. Real Estate: The sale of property, including residential homes, commercial buildings, and vacant land.
  2. Investments: Profits from the sale of financial instruments such as stocks, bonds, and securities.
  3. Business Assets: When a business sells assets like machinery, equipment, or vehicles, any resulting capital gains are subject to taxation.
  4. Personal Assets: Capital gains from the sale of personal-use assets like artwork, jewelry, and collectibles are also included.
  5. Primary Residence: While there is an exclusion for your primary residence of R2 million, certain criteria must be met to qualify for this exemption, including the length of time you’ve had the property, and it being owner-occupied.

Luckily, there are also exemptions and exclusions you can use to reduce your CGT burden, including an annual allowance of R40,000, the aforementioned primary residence exclusion of R2 million for qualifying properties, and an increased one-time exclusion of R300,000 in the year of death to help reduce Estate Duty.

What Costs Can Be Deducted from Capital Gains Tax?

While capital gains are subject to taxation, deductions and allowances can be utilized to reduce your overall tax liability. This starts with those costs you deduct from the original capital gain, reducing it and the matching tax due. 

The original purchase price of the asset is considered the base cost and is used to reduce the overall capital gain. Remember that any costs associated with acquiring the asset, such as legal fees, transfer duties, and other transaction costs, form part of the base cost. The cost of any improvements made to the asset during ownership can also be added to the base cost. This includes renovations, extensions, or any enhancements that increase the value of the asset.

Additionally, costs incurred during the purchase or sale of the asset, such as legal fees, transfer duties, and estate agent commissions, can again be deducted from the capital gain. As can expenses related to professional services, such as legal or valuation fees incurred in the process of acquiring or selling the asset. In some cases, interest costs associated with financing the acquisition of the asset may be deductible, too. Smart use of these deductions, as well as using your allowances and exclusions, can help keep your CGT burden manageable.

Capital Gains Tax is a complex area of tax law, but hopefully, you now feel confident with the basics.

- ADVERTISEMENT -

Keep Reading

Is TAX Paid Monthly Or Yearly In South Africa?

Is TAX Paid Monthly Or Yearly In South Africa?

So, let’s raise a toast to understanding taxes - here’s to a prosperous journey in South Africa!

Why Your Tax Refund Might Be Delayed

Why Your Tax Refund Might Be Delayed

Today, we will be looking at this issue in more depth and how to give your income tax refund the best possible chance of being processed quickly.

How to Avoid Donations Tax In South Africa

How to Avoid Donations Tax In South Africa

By the end of this guide, you'll be equipped with valuable knowledge to navigate the South African donations tax landscape effectively.

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. 

Tax on Winnings of Game Shows And Lottery

Tax on Winnings of Game Shows And Lottery

We’ll delve into how much tax is slapped on lottery winnings, whether online gambling platforms like Betway are taxable

How Is Bonus Tax Calculated In South Africa

How Is Bonus Tax Calculated In South Africa

How Is Bonus Tax Calculated In South Africa. Our aim is to illuminate the complexities of this system and provide clarity regarding the role of SARS.

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

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

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

What Is Income Tax Return Online Rectification

What Is Income Tax Return Online Rectification

In this article, you'll explore income tax return online rectification in South Africa: duration, status check, requirements, and the process when requesting correction from SARS.

How to Avoid Paying Capital Gains Tax On An Inherited Property

How to Avoid Paying Capital Gains Tax On An Inherited Property

How to Avoid Paying Capital Gains Tax On an Inherited Property. We'll briefly touch on avoiding inheritance tax in South Africa.

How to Avoid Lottery Winning Gift Tax

How to Avoid Lottery Winning Gift Tax

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.

What is the Difference Between TAX and VAT?

What is the Difference Between TAX and VAT?

There are two main characters in the tax story that individuals and businesses meet quite often - income tax and VAT.

How Much Is PAYE Tax Deduction In South Africa?

How Much Is PAYE Tax Deduction In South Africa?