What are the difficulties for foreigners to buy property in South Africa (in terms of permits, taxes, etc.)?

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Here's a detailed elaboration on the key difficulties and considerations foreigners face when buying property in South Africa:

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1. Legal and Regulatory Considerations

a. Ownership Rights

• Foreign nationals, including individuals and legal entities (like trusts or companies), may own property in South Africa.
• Ownership can be outright (freehold) or through shares in sectional title schemes.
• There is no requirement for residency, citizenship, or a specific visa just to own property.

b. Restrictions

• Foreigners cannot own agricultural land designated for agricultural use without ministerial consent, though this is rarely enforced.
• Buying property through a foreign company or trust can complicate matters, requiring compliance with the Companies and Intellectual Property Commission (CIPC) and possible SARS (South African Revenue Service) registration.

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2. Financing and Banking Hurdles

a. Home Loans

• South African banks typically do not finance 100% of the property value for foreigners. Usually:
  • A minimum 50% deposit is required.
  • Some banks may ask for more, especially for non-residents with no income in South Africa.

b. Foreign Exchange Controls

• The South African Reserve Bank (SARB) regulates money flows in and out of the country.
• All funds brought into South Africa to purchase property must be declared and recorded via a "deal receipt" from an authorized dealer (usually a bank), known as the "Capital Importation Certificate".
• This certificate is critical to repatriate funds when selling the property in the future.

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3. Taxation

a. Transfer Duty

• A once-off tax paid by the buyer (unless the sale is from a VAT-registered seller).
• Charged on a sliding scale, for example:
  • 0% for properties under ZAR 1.1 million
  • 3%–13% for higher values

b. Capital Gains Tax (CGT)

• Foreigners are liable for CGT when selling, calculated based on profit.
• The conveyancer will withhold CGT before the sale proceeds are transferred to the seller.

c. Withholding Tax on Sale (Section 35A of Income Tax Act)

• If a non-resident sells property worth more than ZAR 2 million, the buyer must withhold tax as follows:
  • 7.5% (individuals)
  • 10% (companies)
  • 15% (trusts)
• This is to ensure SARS gets its due and is credited against the final CGT liability.

d. Property Rates and Municipal Fees

• These are recurring costs like utilities, levies, and municipal rates, which must be kept up-to-date or they can block the property sale.

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4. Legal Process and Documentation

a. Conveyancing

• Only a licensed South African conveyancer may legally transfer property.
• The seller usually chooses the conveyancer, though the buyer may appoint their own legal advisor.

b. FICA (Financial Intelligence Centre Act) Compliance

• Foreign buyers must submit documentation to comply with anti-money laundering laws, including:
  • Passport
  • Proof of address (not older than 3 months)
  • Source of funds

c. Due Diligence

• It's essential to verify:
  • The property has no outstanding municipal debts
  • There are no legal disputes or encumbrances
  • Zoning regulations allow intended use (residential, commercial, etc.)

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5. Repatriation and Exit Strategy

a. When Selling the Property

• If the initial purchase was properly recorded, proceeds (including profits) may be repatriated in foreign currency.
• Proper documentation, including proof of source of funds and tax clearance, is required.

b. Estate Planning

• Property owned in South Africa becomes part of a deceased estate.
• Foreign owners should consider a South African will to manage local assets to avoid delays and legal complications.

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6. Practical Difficulties

a. Managing Property Remotely

• Foreigners often struggle with property management if not physically present.
• Hiring a local agent or property manager is common.

b. Currency Risk

• Fluctuations in the South African Rand (ZAR) can impact both the cost of purchase and value at resale.

c. Political and Economic Climate

• Concerns over land expropriation without compensation or policy instability sometimes deter foreign investment, though no actual seizures have occurred for private residential property.

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What are the advantages for a lessor, to employ an agent the market his property

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Here's a more detailed elaboration on the advantages of a lessor employing an agent to market their property:

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1. Professional Marketing and Greater Exposure

Real estate agents are skilled marketers. They know how to present a property to attract the right audience—through high-quality photography, compelling descriptions, virtual tours, and staging advice. They also have access to listing platforms (like MLS, Zillow, or LoopNet) and often maintain their own marketing channels such as email lists and social media followings. This broad exposure increases the likelihood of leasing the property quickly and to a suitable tenant.

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2. Time and Effort Savings

Leasing a property involves multiple steps: advertising, responding to inquiries, scheduling showings, screening tenants, negotiating lease terms, and handling paperwork. For busy or non-local property owners, managing these tasks personally can be overwhelming. An agent handles these responsibilities efficiently, allowing the lessor to focus on other priorities.

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3. Access to Qualified Tenants Through Screening

Agents have experience identifying and vetting prospective tenants. They often conduct:

• Credit checks
• Employment and income verification
• Rental history checks
• Reference verification

This thorough screening helps reduce the risk of late payments, property damage, or evictions. A good agent protects the lessor from costly tenant issues down the line.

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4. Accurate Pricing and Market Insight

An agent understands the local rental market and trends, allowing them to price the property competitively. Setting the right price helps avoid long vacancies due to overpricing or loss of income from underpricing. Agents can also advise on small improvements to increase rental value or tenant appeal.

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5. Lease Negotiation Skills

Agents act as intermediaries during lease negotiations, ensuring the lessor’s interests are represented professionally and clearly. Their experience in contract structuring helps secure favorable terms on:

• Rent amount
• Lease duration
• Maintenance responsibilities
• Security deposits

This often leads to a more balanced agreement that protects the lessor without deterring tenants.

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6. Legal Protection and Compliance

Rental laws can be complex and vary by jurisdiction. Agents are typically well-versed in:

• Fair housing regulations
• Local lease requirements
• Disclosure obligations
• Eviction procedures

They can ensure that leases and rental processes comply with the law, reducing the lessor’s exposure to legal disputes or fines.

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7. Professional Representation and Buffering

Agents serve as a buffer between the lessor and the tenant, which is especially helpful if problems arise during tenancy. They can handle disputes, late payments, and maintenance requests professionally—keeping emotions out of business decisions and preserving the landlord-tenant relationship.

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Who is allowed to own property in South Africa?

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Here’s a more detailed breakdown of who can own property in South Africa and under what conditions:

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1. South African Citizens

• Full ownership rights: South African citizens can freely buy, sell, and own property, whether it's residential, commercial, or agricultural.
• No restrictions on location, land size, or type of property.

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2. Foreign Nationals

Foreigners are allowed to buy and own property in South Africa, but there are important considerations:

a. Title Ownership

• Foreigners can own property as individuals or jointly with South African citizens or other foreigners.
• Property is registered in the Deeds Registry, and ownership is fully recognized by law.

b. Legal Entities

• Foreigners can own property through companies, trusts, or joint ventures. For example:
  • A non-resident can form a South African company and purchase property in the company's name.
  • Property may also be owned through an inter vivos trust, especially for estate planning or investment purposes.

c. Financing Rules

• Foreign buyers typically need to provide at least 50% of the purchase price in cash if applying for a bond (mortgage) through a South African bank.
• The remainder can be financed, but banks require Reserve Bank approval for non-residents.
• Foreign income used to purchase property must be declared to the South African Reserve Bank (SARB) for future repatriation (e.g., selling the property and taking profits out of the country).

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3. Permanent Residents

• Permanent residents are treated much like citizens under the law when it comes to property ownership.
• They can buy, sell, and register property without restrictions.
• Access to financing is generally easier than for foreign nationals.

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4. Companies and Trusts

Property can be owned by:

• Private or public companies
• Close corporations (CCs) (though new CCs are no longer registered)
• Trusts (e.g., family or property trusts)

These structures are often used for:

• Estate planning
• Tax efficiency
• Limiting personal liability

However, SARS (South African Revenue Service) closely monitors these structures to prevent abuse, so proper legal setup is crucial.

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5. Special Cases

a. Communal and Tribal Land

• Land held under traditional authority (e.g., in rural or tribal areas) is often not available for private ownership.
• Rights to use land are granted through Permission to Occupy (PTO) or similar mechanisms.
• These rights are usually not transferable or mortgageable.

b. Land Reform Context

• South Africa is undergoing land reform to address historical inequalities in land ownership.
• The government has discussed land expropriation without compensation, mainly for underutilized agricultural land, but:
• No law currently prohibits foreign or private ownership.
• Legal processes and compensation principles are still  Africa, including legal and financial steps?

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What legal protections exist for property owners in South Africa?

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Here’s a more detailed explanation of the legal protections for property owners in South Africa, categorized for clarity:

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1. Constitutional Protection (Section 25 of the Constitution)

This is the foundation of property rights in South Africa. Key provisions include:

• Protection Against Arbitrary Deprivation:

  • The state cannot take property unless the law allows it and it is not arbitrary.
  • Property can be expropriated only for a public purpose or in the public interest.

• Expropriation Conditions:

  • Must follow due process.
  • Owners are entitled to just and equitable compensation, considering the market value, the history of acquisition, and the current use.

• Public Interest Includes Land Reform:

  • The Constitution balances individual property rights with land reform goals, aiming to redress past injustices.

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2. Expropriation Act (and Amendments)

• This Act gives the state the legal authority to expropriate property but sets out:
  • Procedures for notice, objection, and valuation.
  • The requirement for compensation.
• The Expropriation Bill (ongoing debate) proposes situations where expropriation without compensation may be justifiable (e.g., abandoned land, land held for speculation).

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3. Common Law Property Rights

South African property law, rooted in Roman-Dutch law, grants owners:

• Usus – the right to use.
• Fructus – the right to derive profit (e.g., rent, crops).
• Abusus – the right to alienate (sell, lease, mortgage). These rights are enforceable against others, giving the owner strong legal standing in court.

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4. Spatial Planning and Land Use Management Act (SPLUMA)

• Applies to land use regulation across all provinces.
• Ensures municipal planning frameworks govern zoning, building permissions, and land development.
• Protects property owners from arbitrary land-use changes by neighbors or authorities.
• Allows appeals and objections in rezoning or development applications.

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5. Prevention of Illegal Eviction Act (PIE)

• Protects unlawful occupiers from eviction without a court order.
• Balances owners’ rights with the rights of vulnerable people (e.g., poor, elderly, children).
• Courts assess fairness and alternative accommodation before granting eviction.

Example: A landlord cannot evict a tenant or squatter simply by force or without legal process, even if they are not paying rent.

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6. Environmental & Heritage Protections

• National Environmental Management Act (NEMA):
  • Ensures sustainable development.
  • Environmental impact assessments may be required before development.
• National Heritage Resources Act:
  • Limits changes to properties of cultural or historical value.
  • Owners have the right to appeal decisions or request compensation if restrictions are too burdensome.

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7. Protection Against Unlawful Entry and Encroachment

• Owners can use interdicts (court orders) to stop unlawful construction or trespassing.
• Servitudes and boundaries are legally enforceable.
• Remedies include demolition of illegal structures and damages for loss or harm.

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Practical Distinctions:

• Urban Property Owners benefit more from zoning protections and municipal services but must adhere to tighter planning regulations.
• Rural/Farmland Owners often face issues related to land claims, labor tenant rights, and access to land reform programs.

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What happens if one of the parties dies before a transfer of a house is completed in South Africa

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Here’s a more detailed explanation of what happens in South Africa when one party dies before a property transfer is completed, broken down by stages of the process:

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1. A Deed of Sale Has Been Signed but Transfer Not Yet Finalised

This is the most common scenario. Here's what happens depending on which party dies:

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If the Seller Dies:

• The signed Deed of Sale (Offer to Purchase) is still valid.
• The property now falls into the deceased seller’s estate.
• The executor of the estate, once appointed by the Master of the High Court, is responsible for completing the transaction.
• The buyer must wait until the executor is officially empowered to act (via Letters of Executorship).
• The property transfer will be registered in the buyer’s name, but only once the Master has approved and the executor signs the necessary transfer documents.

Possible Delays:

• Estate reporting process (usually 4–8 weeks or more).
• Delay in appointing executor.
• Clearance certificates from SARS and municipality may be delayed if the estate is complex.

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If the Buyer Dies:

• The buyer’s rights under the sale agreement are now held by their estate.
• The executor of the deceased buyer’s estate must assess whether to proceed with the purchase (e.g., does the estate have funds, is the purchase still desirable?).
• If the executor decides to proceed, the property will be transferred either:
  • Directly to a named heir or beneficiary, or
  • Into the estate, then later transferred or sold again.

Important:

• If the sale is a cash transaction and payment has been made, the executor has a legal and practical reason to proceed.
• If the purchase was to be financed with a bond, and the bond wasn’t finalized before death, the deal may collapse unless the estate can fund it.

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2. No Deed of Sale Was Signed Before Death

In this case, there is no legally binding contract. Death cancels any informal or verbal arrangements. The executor of the deceased’s estate is free to sell (or not sell) the property or decide whether to proceed with a new sale.

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3. Deceased Was Married

South African marital regimes can affect property transfer after death:

• In Community of Property: The surviving spouse owns half the estate and must be involved in the transaction.
• Out of Community of Property: The deceased’s estate owns the entire property (or their share), and only the executor can proceed.
• With Accrual: Depends on the value of each estate at death; might require accrual calculation before transfer.

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4. Other Practical Considerations

• Transfer Duty: Payable by the buyer, regardless of whether they are alive or deceased.
• Conveyancer Role: Must work closely with the executor and Master’s Office.
• Wills and Beneficiaries: May determine whether heirs are entitled to inherit or sell the property if no transfer occurs.

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Buying a house in Closed Corporation in South Africa

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Here's a detailed breakdown of the advantages and disadvantages of buying a house in South Africa through a Close Corporation (CC), Private Company (Pty Ltd), or in your personal name.

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1. Buying Through a Close Corporation (CC)

Pros:

• Continuity: The CC continues to exist even if a member dies or leaves.
• Limited Liability: Members’ personal assets are protected from the debts of the CC.
• Tax Benefits (in certain cases): If the property generates income, the CC may deduct business expenses.
• Ownership Transfer: Easier to transfer property by changing membership (no need to transfer the title deed).

Cons:

• No New CCs: You can’t form a new one; you must already own or buy an existing CC.
• Compliance Costs: Annual returns and financial records must be maintained.
• Higher Tax Rate: Corporate tax rates (currently 27%) may be higher than personal tax rates.
• Capital Gains Tax (CGT): When the CC sells the property, CGT may be higher than if sold in a personal capacity.

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2. Buying Through a Private Company (Pty Ltd)

Pros:

• Limited Liability: Shareholders aren’t personally liable for company debts.
• Attractive for Investors: More formal structure may appeal to partners or investors.
• Continuity and Growth: Easier to expand, bring in shareholders, or take loans.

Cons:

• Regulations: Heavier compliance obligations (CIPC filings, annual financial statements, etc.).
• Dividends Tax: After company profits are taxed (27%), dividends to shareholders are taxed again (20%).
• Double Taxation: Earnings are taxed at both the company and shareholder level.

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3. Buying in Your Personal Name

Pros:

• Simplicity: Less paperwork, no company or CC formalities.
• Primary Residence Exemption: You get a Capital Gains Tax exemption of up to R2 million when selling your primary home.
• Lower Tax for Individuals: If the property is for personal use or rental income, you may be taxed at a lower marginal rate (based on your income bracket).
• Transfer Costs: Often simpler and cheaper than buying through an entity.

Cons:

• Unlimited Liability: If you take a loan and can’t repay it, your personal assets are at risk.
• Estate Duty: On your death, the property may attract estate duty (20-25% depending on estate value).
• No Flexibility for Partners: Harder to structure joint ownership, e.g., with investors.

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What is the process of lodging a claim against a deceased estate in South Africa

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Here's a more detailed explanation of the process of lodging a claim against a deceased estate in South Africa:

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1. Notice of Estate and Opportunity to Lodge a Claim

After a person dies:

• The Master of the High Court appoints an executor of the estate (often named in the will).
• The executor is legally required to publish a notice in a local newspaper and in the Government Gazette.
• This notice calls on all persons with claims against the estate to submit them in writing within a period of 30 days from the date of the notice.

This step is crucial because if you fail to lodge your claim within the prescribed period, your claim may be excluded from the estate distribution.

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2. Drafting the Claim

Your claim must be clearly documented and contain the following:

• Your full name, contact details, and ID number
• Deceased's details (name, date of death, estate number)
• Detailed description of the debt or obligation, e.g.:
  • A loan you gave to the deceased
  • An unpaid invoice
  • A lease agreement or damages
• Amount claimed, clearly stated in rands
• Supporting documentation, such as:
  • Signed agreements
  • Invoices or receipts
  • Bank records
  • Correspondence acknowledging the debt
• Your banking details for repayment

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3. Submission of the Claim

You must submit your claim directly to the executor handling the estate. The estate notice will specify the name and contact details of the executor or their attorney. Submission methods may include:

• Hand delivery
• Email or post (only if allowed by the executor)

It's best to confirm receipt of your claim.

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4. Evaluation by the Executor

The executor will:

• Review all submitted claims
• Determine the validity and priority of each claim
• Consider whether the estate is solvent (able to cover all debts)
• Prepare a Liquidation and Distribution Account (L&D Account) which includes accepted claims and how they will be paid

The L&D Account is submitted to the Master of the High Court and then advertised again for inspection and objection.

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5. If the Claim is Disputed

If the executor rejects your claim:

• The executor must notify you of the rejection.
• You may attempt to resolve the matter informally.
• If not resolved, you can initiate legal proceedings in court to have your claim recognized and enforced.

This usually involves issuing a summons in the Magistrate’s Court or High Court, depending on the value and nature of the claim.

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6. Payment

If your claim is accepted and the estate has sufficient funds:

• You will be paid in accordance with the ranking of creditors.
• Secured creditors (e.g., bond holders) are paid first.
• Then preferent creditors (e.g., SARS or unpaid wages).
• Unsecured creditors (like personal loans) come last.

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Sample Ranking of Creditors:

1. Executor's fees and administration costs
2. Secured creditors (with a bond over property)
3. Preferent creditors (e.g., taxes owed, employee wages)
4. Unsecured creditors (like personal loans or service providers)

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Difference between a unit or section in a sectional title complex

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1. Section

• This is your personal property in the complex.
• It’s registered in your name in the Deeds Office.
• Examples of a Section:
  • Your flat, townhouse, or apartment.
  • Possibly a garage or storeroom if it’s registered separately (not just assigned for exclusive use).
• You have full ownership rights over this space — you can sell, rent, or renovate (within rules).

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2. Unit

• A unit includes:
  • The section (your apartment/townhouse),
  • PLUS a share in the common property (everything that all owners share).
• The unit is what is recorded when you buy into a sectional title scheme.

Common property includes:

• Corridors
• Staircases
• Lifts
• Gardens
• Driveways
• The building exterior
• Security gates, roofs, etc.

Participation Quota (PQ):

• Your share in the common property is called a participation quota.
• It is usually based on the floor area of your section.
• It determines your:
  • Monthly levies
  • Voting power in the body corporate

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Analogy:

• Think of the section as your private home.
• Think of the unit as your home plus co-ownership in the estate's park, roads, and security system.

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What compliance certificates do need to complete a transfer and why you need them in South Africa

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Here’s an expanded explanation of each compliance certificate required in South Africa during a property transfer, along with why each one is necessary in greater detail:

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1. Electrical Compliance Certificate (CoC)

• What it covers: All electrical installations—wiring, sockets, DB boards, earthing, bonding, etc.
• Why it's needed:
  • Legal Requirement: According to the Occupational Health and Safety Act (No. 85 of 1993), no property can be sold without this certificate if the electrical installation has changed in the last two years.
  • Safety Assurance: Confirms that the electrical system won’t cause shock, fire, or other hazards.
  • Transfer Prerequisite: Conveyancers will not allow transfer to proceed without it.
• Validity: Generally valid for 2 years unless changes are made to the system.

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2. Beetle (Entomological) Clearance Certificate

• What it covers: Inspects for wood-destroying insects like termites, borer beetles, and wood moths in structural timber.
• Why it's needed:
  • Not a legal requirement nationwide but a common condition in Offer to Purchase (OTP) contracts—especially in coastal provinces (e.g., Western Cape, KZN).
  • Prevents structural damage: Ensures the property’s wooden structures are intact and not infested.
  • Peace of mind: Protects the buyer from inheriting pest-related issues.

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3. Plumbing Certificate of Compliance (Cape Town Only)

• What it covers: Water meter integrity, proper waste water disposal, stormwater management, and prevention of contamination.
• Why it's needed:
  • Municipal Regulation: Mandated by the City of Cape Town Water By-Laws (2010).
  • Water conservation: Ensures there are no leaks or illegal connections.
  • Health and environmental safety: Prevents cross-contamination and non-compliant greywater or stormwater systems.
  • Ownership change trigger: Must be obtained before a property transfer in Cape Town.

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4. Gas Certificate of Compliance

• What it covers: Installation of gas appliances—pipes, valves, storage, and safety devices.
• Why it's needed:
  • Legal Requirement: Required under the Pressure Equipment Regulations of the OHS Act (2009).
  • Fire and explosion prevention: Ensures gas systems are correctly installed to avoid dangerous leaks or explosions.
  • Transfer condition: Required if there is any fixed gas installation on the property (e.g., gas stove, geyser, fireplace).

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5. Electric Fence Certificate of Compliance

• What it covers: Installation, operation, and grounding of electric fencing around the property.
• Why it's needed:
  • Regulatory Requirement: Under the Electric Machinery Regulations (2011), any newly installed or altered electric fence system must have a compliance certificate.
  • Public safety: Prevents injury to people and animals.
  • Property transfer requirement: Must be handed to the buyer if an electric fence system is part of the property.

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Additional Notes:

• Responsibility: It is usually the seller's responsibility to obtain and pay for these certificates.
• Conveyancers (property lawyers) will request and verify all compliance certificates before submitting documents to the Deeds Office for registration.
• Failure to provide these certificates can delay or prevent the transfer, or cause legal liability for the seller after the transfer.

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What should I know before building a house to sell in South Africa?

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Here’s a detailed breakdown of what you should know before building a house to sell in South Africa:

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1. Legal and Regulatory Compliance

Zoning and Title Deeds

• Zoning: Ensure the land is zoned for residential purposes. Some areas have restrictions on density (e.g., one dwelling per stand), height limits, or land use (e.g., agricultural or mixed-use).
• Title Deed Restrictions: Check the title deed for any servitudes or building restrictions (like height limits or shared access).

Building Plan Approval

• Submit your building plans to the local municipal council.
• Plans must comply with the National Building Regulations and Building Standards Act.
• Approved plans are essential to avoid penalties or demolition orders.

NHBRC Registration

• You must register as a home builder with the National Home Builders Registration Council (NHBRC) if you intend to sell the home.
• NHBRC provides a warranty for the structure (usually 5 years), and failure to register can lead to legal action.

Occupancy Certificate

• After construction, the local authority must inspect the property and issue a Certificate of Occupancy, proving it's safe to live in.
• You cannot legally sell or occupy the property without this.

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2. Market Research

Understand the Target Market

• Are you building for first-time buyers, middle-income families, retirees, or investors?
• Tailor the design, finishes, and pricing to their preferences.

Location Considerations

• Properties near schools, public transport, hospitals, shopping centers, and job nodes are in higher demand.
• Crime rate, local amenities, and municipal services also affect value.

Competitive Analysis

• Study recent property sales and trends in the area to price your property appropriately.
• Use platforms like Property24, Private Property, and Lightstone for data.

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3. Design and Construction

Cost-Effective Design

• Aim for functional, attractive layouts with popular features (e.g., open-plan kitchens, en-suite bathrooms).
• Use durable, low-maintenance materials to appeal to buyers and keep costs down.

Compliance with Building Standards

• Ensure the structure meets SANS 10400 standards, including energy efficiency (e.g., insulation, solar geysers).

Construction Team

• Use registered, experienced contractors.
• Sign clear contracts covering timelines, payment schedules, penalties for delays, and workmanship guarantees.

Snag List and Inspections

• Conduct thorough inspections during and after construction.
• Fix snags (e.g., poor finishes, plumbing issues) before listing the property.

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4. Financial Planning and Budgeting

Initial Costs

• Land Purchase
• Professional Fees (architect, engineers, conveyancer, QS)
• Municipal Fees (plan approvals, service connections)

Construction Costs

• Labour, materials, project management
• Allow a 10–15% contingency for unexpected overruns.

Sales Costs

• Estate agent commission (typically 5–7% of sale price)
• Legal fees and compliance certificates (electrical, plumbing, gas, beetle, etc.)

Return on Investment (ROI)

• Compare total cost (land + construction + fees) with expected market value.
• Use property development calculators to assess profitability.

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5. Sales and Marketing Strategy

Selling Methods

• Real Estate Agent: Offers expertise in pricing, negotiation, and marketing.
• Private Sale: More control, but requires effort and legal know-how.

Marketing

• Use property websites, social media, and local advertising.
• High-quality photos, virtual tours, and staging can increase buyer interest.

Timing the Market

• Traditionally, spring and early summer see more buyer activity.
• Monitor interest rate trends and economic conditions (e.g., repo rate affects affordability).

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6. Tax and Legal Implications

Capital Gains Tax (CGT)

• If the property is not your primary residence, profit from the sale is subject to CGT.
• Calculated based on the base cost (land + building + costs) vs. the selling price.

Transfer Duty vs VAT

• If you're not VAT-registered, the buyer pays transfer duty.
• If you are VAT-registered, you may charge VAT (15%) on the sale, but then the buyer doesn’t pay transfer duty.
• Speak to a tax advisor to determine your best tax structure (individual vs. company/trust).

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