Foreign Property and Tax

Hendrix

Senior Member
Joined
Aug 2, 2012
Messages
888
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15
Location
Pretoria
My friend has property in Poland, and wants to sell.
How will the tax work? He intends to bring the profit to SA.
Will he pay tax there, or here?
 
As with most DTA's it is almost copy and paste. The wording in the DTA will state " MAY be taxed in the other state" and this confuses people.
The preferential treatment of it would be that it will be taxed where the seller is a tax resident as he/she will not benefit from this tax where this property is sold but will where the seller is resident.
This will differ if the property is an inherited property.
 
He will have paid inheritance tax already. Now it is CGT in SA only. Inheritance tax is country specific but the CGT will be payable in SA.
Your world wide income will be payable where you are resident.
The tax paid on the inheritance can be deducted as an expense.
 
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