Tax Guide for Small Businesses 20 20 /2
Estate duty (the Estate Duty Act 45 of 1955)
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3.9
Estate duty (the Estate Duty Act 45 of 1955) 3.9.1 Introduction The estate of a deceased person who was ordinarily resident in South Africa at the time of death will, for estate duty purposes, consist of all property wherever situated, including deemed property (for example, life insurance policies). However, property physically situated outside South Africa will be excluded from the deceased’s estate if the deceased was not ordinarily resident in South Africa at the time of death. The estate of a person who was not ordinarily resident in South Africa is subject to estate duty only to the extent that it consists of certain property of the deceased in South Africa. The Estate Duty Act does not define “resident” and refers to persons who are “ordinarily resident” or not “ordinarily resident”. It follows, therefore, that any natural person, who was not ordinarily resident in South Africa but who may have become a resident of South Africa under the physical presence test for income tax purposes, will be regarded as a non-resident for estate duty purposes. 88 Certain admissible deductions are made from the total value of the estate including the following: • The value of property in the estate that accrues to the surviving spouse. • All debts due by the deceased. A deduction against the gross value of an estate will also be allowed on the value of property situated outside the Republic which was acquired before the deceased person became ordinarily resident in South Africa for the first time, or after that person became ordinarily resident in South Africa for the first time and had acquired such property under a donation or inheritance from a person who was not ordinarily resident in South Africa at the date of such donation or inheritance. The deduction also applies to property situated outside South Africa which was acquired by the deceased out of profits and proceeds of any such property. The net value of the estate is reduced by a R3,5 million general deduction to arrive at the dutiable amount of the estate (section 4A(1) of the Estate Duty Act). If a person was a spouse at the time of death of one or more previously deceased persons, the dutiable amount of the estate of that person will be determined by deducting from the net value of that estate, an amount equal to – • the specified amount (R3,5 million) multiplied by two (R3,5 million × 2 = R7 million); and • reduced by so much of the specified amount (R3,5 million) already allowed as a deduction from the net value of the estate of any one of the previously deceased persons (section 4A(2) of the Estate Duty Act). 88 For further information on “ordinarily resident” see Interpretation Note 3 “Resident: Definition in relation to a Natural Person – Ordinarily Resident”. Tax Guide for Small Businesses (2020/2021) 68 If that person was one of the spouses at the time of death of a previously deceased person, the dutiable amount of the estate of that person will be determined by deducting from the net value of that estate, an amount equal to the sum of – • the specified amount (R3,5 million); and • the specified amount (R3,5 million), reduced by so much of the specified amount already allowed as a deduction from the net value of the estate of the previously deceased person, divided by the number of spouses of that previously deceased person (section 4A(3) of the Estate Duty Act). The duty is calculated on the dutiable amount of the estate. There are specific deductions that may be allowed against the duty payable, provided the requirements are met, in respect of transfer duty, foreign duties paid and the rapid succession rebate. Download 0.78 Mb. Do'stlaringiz bilan baham: |
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