How do you keep Capital Gains Tax low on a property which you are selling?

Lake Properties                    Lake Properties

Lake Properties                       Lake Properties

Let’s elaborate step-by-step on how to mitigate your base cost for Capital Gains Tax (CGT) purposes in South Africa — especially in the context of property, though the same principles broadly apply to other capital assets too.

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🔍 What Is Base Cost in Capital Gains Tax?

Capital Gains Tax is charged on the profit (capital gain) you make when you dispose of an asset (like a property, shares, or a business).

The base cost is the total amount of money you’ve legally spent acquiring and improving the asset. The capital gain is calculated as:

💰 Capital Gain = Selling Price – Base Cost

By increasing your base cost, your taxable capital gain decreases, and so does the CGT you must pay.

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✅ What Can Be Included in the Base Cost?

SARS allows several categories of costs to be added to the base cost — which directly reduces your capital gain:

1. Original Purchase Price

• The price you paid to buy the asset.

2. Acquisition and Transaction Costs

These are once-off costs incurred when acquiring the property, and include:

• Transfer duties
• Conveyancer or attorney fees
• Estate agent fees (buyer side)
• Valuation fees (to establish a market-related price)
• Surveyor and architectural fees

3. Capital Improvements (Not Maintenance)

You can add costs that enhance or extend the life of the asset:

• Adding a room or garage
• Installing a new roof
• Replacing an old kitchen with new, modern fittings
• Building a swimming pool or entertainment area

⛔ Routine maintenance (like repainting, fixing a leaking tap, or replacing a broken tile) is not allowed in the base cost.

4. Costs of Establishing, Defending, or Enhancing Ownership

• Legal costs of defending your title to the property (e.g. in disputes)
• Costs of subdividing or consolidating property (if it enhances ownership value)

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❌ What Cannot Be Included in Base Cost?

To avoid issues with SARS, make sure not to include:

• Municipal rates and taxes
• Water and electricity bills
• Interest paid on mortgage/home loans
• Insurance premiums
• Day-to-day maintenance or repairs
• Moving costs or furniture purchases

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📆 Special Case: Assets Acquired Before 1 October 2001

CGT only came into effect in South Africa from 1 October 2001. For assets acquired before that date: You can choose one of three methods to determine your base cost:

1. Valuation method – Use the market value of the asset as at 1 October 2001. Requires a valid valuation report.
2. Time apportionment – Split the gain proportionally over time (before and after 2001).
3. 20% method – Use 20% of the proceeds as the base cost if no records/valuation are available.

Tip: The valuation method is usually most favorable if you can prove the asset’s value at the time with a formal valuation.

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🧾 Documentation You Must Keep

SARS may audit or question your CGT return. Keep proof of all costs you add to your base cost:

• Purchase documents (offer to purchase, title deed)
• Invoices for legal fees, agent fees, and renovations
• Bank statements showing payments
• Valuation certificates (especially for pre-2001 assets)
• Architectural or builder contracts

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🧠 Strategy Tips to Legally Maximise Base Cost

1. Track all capital spending over time — even small upgrades add up.
2. Get separate invoices for capital improvements vs maintenance.
3. Request a formal valuation before and after major improvements.
4. Use a tax practitioner to review and maximize your base cost claims.
5. Time your sale — sometimes delaying the sale until improvements are complete can reduce CGT.

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📊 Example: How This Works

You bought a property for R900,000 in 2010. You sold it in 2025 for R2,100,000.

Costs:

• Transfer duty in 2010: R30,000
• Transfer attorney: R25,000
• Renovated kitchen in 2018: R80,000
• Built carport in 2020: R45,000
• Selling agent commission in 2025: R84,000

Total base cost:

• R900,000 (purchase price)
• R30,000 (transfer duty)
• R25,000 (legal fees)
• R80,000 (kitchen reno)
• R45,000 (carport) = R1,080,000

Now subtract from sale price:

• R2,100,000 – R1,080,000 = R1,020,000 capital gain

Apply exclusions/deductions (e.g. primary residence exclusion of R2 million) where applicable, and then SARS applies CGT.

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🏡 Special Note on Primary Residence

If the property is your primary residence:

• The first R2 million of the gain is excluded from CGT.
• The property must not be used for business or rented extensively.

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