Death and (Capital Gains) Taxes: Don’t Get Caught Out

“Nothing in this world can be said to be certain except death and taxes.” (Benjamin Franklin)

You don’t see it … Until you do

For most South Africans, Capital Gains Tax (CGT) isn’t something they dwell on much. It doesn’t change how much money you make each month, and it doesn’t appear on the dreaded laundry list of monthly debit orders. But as your investments grow over time, so does CGT. And then, at certain times in life, it becomes very real. Death is one of those times.

A quick reminder

South Africa started charging capital gains tax in 2001. CGT is different from income tax because it is based on how much your assets have grown in value. Your capital gain is the difference between how much you paid for an asset and how much it is now worth. For example, if you bought an asset for R1 million and it is now worth R2 million, your capital gain is R1 million.

When that gain is realised or thought to be realised at death, part of it becomes taxable. Individuals in South Africa only pay tax on part of their gains (40%), and the effective rate depends on their marginal tax rate.

What’s the point?

CGT is based on a larger worldview that taxes should not be based solely on income but also on wealth gains. This helps governments raise revenue and reduce inequality by ensuring that gains from assets, not just salaries, are taxed. This is significant in South Africa.

When you die, your assets are treated as if they were sold at market value, even if nothing is actually sold. This is called a “deemed disposal on death.” And it triggers Capital Gains Tax on the deceased’s estate.

A very welcome change

SARS lets people exclude some CGT at death to lessen its impact. This has recently gone up from R300,000 to R440,000. At first glance, this may not seem like much, but all tax breaks are significant.

There are two reasons asset values rise over time: real growth and inflation. It’s easy to understand this when the asset is real estate. A holiday home or investment property bought years ago may have doubled in value. But a meaningful portion of that increase is due to rising prices rather than real wealth creation.

The higher R440,000 exclusion helps with:

  • Lowering the total CGT owed on a deceased person’s estate
  • Keeping a little more value for the people who will get it
  • Easing liquidity pressure, as estates need to settle tax obligations in cash
What about your primary residence?

Your main home is treated differently. It has a separate CGT exclusion (recently increased from R2 million to R3 million) that can greatly lower the taxable gain, even at death. This exclusion applies only to your main home, not to second homes such as vacation homes, rental properties, or investment properties.

The chance of a lifetime that many investors miss

You also get an annual CGT exclusion (currently R50,000) during your lifetime. This gives you a great chance to plan. You can take advantage of your yearly exclusions to

  • Raise the base price of your investments
  • Lower the eventual CGT burden on death

Taking advantage of the small annual break afforded you is an excellent way of easing the pressure in the long term.

How CGT and Estate Duty work together

It’s also important to know how CGT and estate duty work together. When someone dies:

  • The estate of the deceased pays CGT
  • This lowers the estate’s net worth
  • The estate duty is then based on the value that is left over.

In other words, CGT lowers the value of the estate before estate duty is added. CGT planning is part of estate planning. We can help you understand how much CGT you’ll have to pay on your passing and make the most of exemptions to bring this number down. We can also make sure your investment and estate planning strategies are in sync.

Disclaimer: The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact us for specific and detailed advice.

© FinDotNews

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