Capital gain tax Flashcards
normal tax framework for capital gain tax
added after income as other inclusions
when was CGT introduced
1 October 2001
Question you should ask yourself
- Is there an asset involved in the transaction?(if yes move to number 2, if no then no CGT)
- What is the nature of the asset? Income or Capital?(if it is capital in nature move to no.3
- Would the transaction constitute a disposal for CGT purposes? (if yes move to the next step)
proceeds calculation
=selling price - recoupment
recoupment =selling price (limited to cost)-tax value
tax value = cost -capital allowance
Base cost, qualifying expenditure
-Costs incurred in acquiring or creating an asset
-Direct costs incurred in relation to the original acquisition of the asset (e.g. moving costs, transaction costs)
-Direct costs incurred in relation to the disposal of the asset (e.g. sales comm; advertising, legal costs)
-Expenditure to improve or enhance the value of the asset
base cost exclusions
Borrowing costs
Repairs and maintenance
Protection and insurance
Rates and tax
Base cost calculation
=cost price - amounts preciously claimed as deductible/allowance
annual exclusion
-only for a natural person
-40 000
primary residence exclusion
-natural person can only have 1 primary residence
- If the resident is sold for more than R2million, up to R2 million of the capital gain or loss must be disregarded (not taxed) (minus the 2million)
If the resident is sold for R2million or less, the whole capital gain or loss must be disregarded.(not taken into account) (mostly will be )
tax capital gain
80% for companies
40% for individuals
personal use of assets excluded from capital gain tax
Private car
Art collection
Jewellery
Furniture/antiques
personal use of asset subjected to Capital gain tax
Coin made mainly from gold/platinum (e.g. Krugerrand)
Immovable property
Financial instrument
Short-term insurance policies over non-personal use assets
Long-term insurance contracts
Aircraft with empty mass exceeding 450 kg
Boat exceeding 10m in length
Any fiduciary or usufructory interest (time share is a common one
Gambling, games or competition
-foreign winnings are subjected to CTG
-All winnings (local and foreign) of a company are subject to CTG