Page 57 - Bespoke EPG 2017 Digital
P. 57

Capital gains tax and the deceased

■■ At death, capital gains tax is activated through a deemed disposal whereby
    the deceased is deemed to have disposed of all his assets to his estate, at
    market value at the time of death.

Deceased              Deceased Estate  Beneficiary

Deceased estate                        At distribution to heir,
acquires asset for a                   legatee or trustee of
base cost equal to                     a trust, the deceased
market value at time                   estate is deemed
of death                               to dispose of asset
                                       for proceeds equal
                                       to base cost of the
                                       deceased estate. The
                                       heir, legatee or trustee
                                       shall be treated as
                                       having acquired the
                                       asset for a base cost
                                       equal to the base cost
                                       of the deceased estate

■■ Assets bequeathed to a surviving spouse do not incur capital gains tax as
    they are subject to roll-over relief.

■■ The R300,000 exemption will apply to disposals made to the deceased
    estate.

■■ The exclusion for primary residence may apply.

■■ Therefore, where an estate consists of a primary residence, and personal use
    assets, no capital gains tax may be payable.

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