Tax Guide for Small Businesses 20 20 /2
website. 3.9.3 Taxation of deceased persons and deceased estates (sections 9HA, 9HB and
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LAPD-Gen-G09-Tax-Guide-for-Small-Businesses
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3.9.3 Taxation of deceased persons and deceased estates (sections 9HA, 9HB and 25) (a) Capital gains tax The death of a person triggers potential CGT consequences. The deceased person is deemed to have disposed of all assets at their market value at the date of death, except for – • assets disposed of to a surviving spouse, either under the law of intestate succession or by means of a will, by means of the redistribution of assets in the course of the liquidation or distribution of the deceased estate, or by the settlement of a claim arising due to the spouses being married with the accrual system, in which case the disposal by the deceased is deemed to be at the base cost of that asset; • a long-term insurance policy, if the proceeds of that policy are disregarded for CGT purposes; or • the interest of the deceased person in a pension, pension preservation, provident, provident preservation, retirement annuity or a similar fund, if the lump sum benefit therefrom is disregarded for CGT purposes. 91 Assets disposed of to the spouse of the deceased in the manner indicated above result in the spouse “stepping into the shoes” of the deceased with regard to the date of acquisition of the asset, expenditure incurred by the deceased, how the asset was used by the deceased and any allowances or deductions which the deceased was allowed to claim on that asset. 92 An asset directly transferred to an heir or legatee of the deceased person, will result in a deemed acquisition by the heir or legatee of that asset at the market value thereof at the date of death of the deceased. 93 90 The change of name from “the Kingdom of Swaziland” to “the Kingdom of Eswatini” came into effect on 19 April 2018 but not all the tax acts have yet been amended in this regard. The name “Swaziland” and “Eswatini” is used interchangeably in this Guide. 91 Section 9HA applies to persons dying on or after 1 March 2016. Paragraph 40 of the Eighth Schedule applied to persons dying before 1 March 2016. 92 Section 9HB. 93 Section 9HA(3). Tax Guide for Small Businesses (2020/2021) 70 Should the taxable capital gain from the deemed disposal of assets on date of death of the deceased result in tax due which exceeds 50% of the net value of the deceased estate and the executor has to dispose of an asset of the deceased estate in order to settle this tax liability, the heir or legatee who would have been entitled to receive that asset may elect to receive that asset in exchange for settling that tax due within three years of the deceased estate becoming distributable. This tax is then a debt due by that heir or legatee to the deceased estate. 94 An asset acquired by a deceased estate from the deceased, other than assets disposed of to the spouse, is deemed to be acquired at the market value of the asset at the date of death of the deceased. 95 An asset awarded to an heir or legatee is treated as being disposed of by the deceased estate for an amount received or accrued equal to the amount of expenditure incurred by the deceased estate in respect of that asset. 96 Such expenditure could comprise the deemed expenditure under section 25(2) for the asset acquired from the deceased or actual expenditure if the executor purchased more assets after the date of death. An heir or legatee is treated as having acquired an asset from the deceased estate for an amount of expenditure incurred equal to the expenditure incurred by the deceased estate in respect of that asset. 97 Download 0.78 Mb. Do'stlaringiz bilan baham: |
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