May 8, 2017

A TIMING ANOMOLY WHEN DISPOSING OF PROPERTY

Property related transactions are typically significant transactions, and therefore tax considerations linked thereto should be carefully considered. One such consideration involves the timing of the disposal of immovable property that was held by persons as capital assets. Sales of such property will comprise a transaction subject to capital gains tax (“CGT”). This article considers when the property in question will have been “disposed” of for CGT purposes, and which surprisingly appears very often NOT to be the date of transfer in the Deeds’ Office (which many assume to be the case). Paragraph 13 of the Eighth Schedule[1] determines when an […]
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