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ENTITIES WHICH YOU CAN BUY A PROPERTY IN SOUTH AFRICA AND FACTORS TO CONSIDER.

Updated: Jan 21, 2025

In South Africa you can buy a property in one of the following ways:


  1. Natural Person (individual)


    FACTORS TO CONSIDER - There is a risk from personal creditors

    - Taxed at your marginal tax rate - could increase your tax rate

    - Costs when you pass away: There is 20% estate duty or 25% on an estate worth over R30 Million.

    - Capital Gains Tax (CGT) based on your marginal rate.

    - 4,025% executors' fees

  2. Company

    FACTORS TO CONSIDER - Protection from insolvency: If a company director goes insolvent, the property is not affected.

    - No transfer duty: If the company is VAT registered, there is no transfer duty when selling the property.

    - No estate duty.

    - You may pay more Capital Gains Tax when selling the

    property.

  3. Trust


    FACTORS TO CONSIDER - No estate costs.

    - You have full control over assets.

    - No auditing required.

    - Children's inheritance protected.

    - Tax rate of 40%

    Our advice


    In South Africa, buying a property is a huge investment and buying it through your name (natural person) or company / trust (juristic persons) carries profuse legal and financial implications. It is advisable to consult a lawyer to help you understand the disadvantages and advantages of owning a property through different types of entities, tax implications, alignment with your investment strategy and assets protection.


    Email our office for a discounted virtual consultation on: info@legaldrafters.co.za

    we look forward to hearing from you!


Buying Property in South Africa

 
 
 

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