CAN THE SALE OF A PROPERTY…

be subject to both transfer duty and vat?

In a recent article from our lawyers, the answer is a resounding “NO!”

Here’s why:
The Seller determines whether the transaction will attract VAT or transfer duty and VAT takes precedence over transfer duty.









If the seller is:

• registered for VAT as a vendor; and
• the property forms part of his enterprise,

then VAT is payable. VAT may be payable at a zero-rate where the property is sold as a going concern: see in this regard SARS' requirements in chapter 9 of their guide here. [529KB - 71 pages]

If the seller is not registered for VAT or the property does not form part of his taxable supplies in his enterprise, then transfer duty is payable.

For any queries in this regard, contact one of our property professionals at www.riviganpg.co.za.