Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town offices of STBB. She is an admitted Attorney, Notary Public and Conveyancer with many years of experience in the field of property law and conveyancing. She is also the firm's Marketing Director and attends to external publications for the firm as well as conducts ongoing training for estate agent and bankers training and is a regular seminar presenter for attorneys and property practitioners.

Property Law Update | Issue 07 – 2018

TRANSFER DUTY CALCULATION: ARRANGEMENT TO SEPARATE BARE DOMINIMUM AND HABITATIO MAY REMAIN A SINGLE TRANSACTION ATTRACTING HIGHER TRANSFER DUTY

Commissioner for the South African Revenue Service v Short and Another (A289/2017) [2018] ZAWCHC 9 (7 February 2018)

Structuring a property purchase so that you buy the property (the bare dominium) and your partner a right of habitatio, could be an effective way of protecting the former against business risks of the latter. But remember that in determining the amount of transfer duty, calculated on a sliding scale, it is not so simple to argue that such an arrangement is two separate agreements and hence justifying a lower rate of transfer duty (calculated in respect of the separate transactions). In this case the Court agreed with SARS’s take that this was a single indivisible transaction and that transfer duty was payable on the whole amount of the transaction.

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The Judgment
Summary of the Judgment

STBB’s STSMA REFERENCE GUIDE

In this, the forty-ninth set of notes for your STSMA Reference Guide, Prescribed Management Rule 28 is discussed.

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Prescribed Management Rule 28
(N.B. Print in landscape)