i have a flat
wife has a flat
so the parents house cause im going to be inheriting it can i just pay the transfer fees ?
Yep, and then register the bond in your name. Assuming SARS is not going to knock on your door and ask you how you acquired a multi mil asset.
The messier option is take out a bond in your dad's name, and then you sign surety for it using your income.
What I would do (Im not a tax expert though):
1. Register a trust, make yourself and your kids (if you have any) the beneficiaries.
2. Sell the property to the trust. Same transfer fees will apply. No transfer of money will happen, but a loan account will be created. The loan will be the value of the transfer and will be owed to your father, and interest will be at 7% annually (SARS rule). Given that your father is retired, the 7% is essentially tax free. When he passes, the loan account will be cancelled, asssuming it is under R3,5m.
3. When the property is in the trust, take out a bond and stand surety for it.
Its complicated, but it future proofs your assets. Benefits:
- Property is in a trust. When you die, it goes to the beneficiaries without incurring estate tax of tax. There is no property transfer etc.
- You can donate 100k per person into it per year, building up a nice base.
- You can add the next property into it.
- The loan account interest is tax deductible, as it the bond interest. So it can be deducted as an expense on any income into the trust.
Drawbacks:
- Takes a bit of effort to set up the above. Easier to have it in a personal name.
- You'll need to do an annual tax return. Prob cost R1k if not less.
- If you sell the property at a profit in future, the CGT is higher than individual. But there are ways to reduce.
- Income tax is 40% in a trust, but they are ways to reduce.
Hope it helps and good luck.