11. Taxes on the Transfer of Property

When residential land, or an interest therein is sold or transferred, either VAT or transfer duty is payable on the transaction. The issue of what "tax" is payable when a "property transaction" takes place, has become quite a complicated...

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12. CAPITAL GAINS TAX (CGT)

    A In the letter the reader enquired whether it was necessary for the "ordinary houseowner" to have his or her property valued for CAPITAL GAINS TAX purposes. This question pertains to a very important exemption which applies in...

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13. Different Legal Entities Property Can Be Registered In

Immovable property may be registered in the name of natural persons or in the name of a legal entity such as a trust, CC or company. Clients who intend purchasing a residential property which is to be their primary residence (permanent home)...

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14. VAT, TRANSFER DUTY AND STRUCTURING PROPERTY TRANSACTIONS

 The general rule is that when a seller is not a registered VAT vendor, transfer duty is payable on the purchase price by the Purchaser. However, when the seller is a VAT vendor, then VAT is payable on the purchase price by the Seller. As a...

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15. Buying Property on Auction

South Africans are not used to buying and selling residential properties using auction sales. A property that is being auctioned usually conjures up pictures in the minds of people of liquidations and insolvencies. In countries like Australia,...

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16. What is a Title Deed?

The owner of Immovable Property is the person in whose name the property is registered in terms of the Deeds Registries Act 47 of 1937. A Title Deed is the owner of immovable property's documentary proof of ownership. Each privately owned property...

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17. Who do I pay my deposit to?

 Depending on what is stipulated in your sale agreement, your deposit is either paid to the estate agency involved or to the Conveyancing attorneys attending to the transfer. Both these professionals should have trust accounts in which your money...

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18. What will my transfer and bond costs be?

Your estate agent and conveyancing attorney should be able to answer this question based on a schedule of bond and transfer costs. The transfer fees depend on the purchase price of the property. Bond costs are calculated on the total loan...

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19. When are the transfer costs due and to whom are they paid?

A few weeks after the sale, when you sign your documents, your conveyancer will request that you pay the transfer costs. The Conveyancing attorney has to pay the transfer duty - the major charge on most transfers - in advance, as well as the...

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20. Will someone contact me to let me know when the property is registered?

A representative from your conveyancer's firm should contact you as soon as the registration has gone through. You will also be given a final statement of the account. Your estate agent may also phone you to confirm registration. The bank will...

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