Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town branch of STBB. She is an admitted Attorney, Notary Public, Conveyancer and Insolvency Practitioner with many years of experience in the fields of property law, conveyancing and the laws relating to corporate compliance (especially in respect of the FICA and POPIA laws). Up until 2018 she was also head of the firm’s national marketing portfolio. She is a seasoned public speaker and presenter, both in person and online. She prepares text for the majority of STBB’s internal and external publications and is editor and co-writer for two pivotal publications in the South African real estate industry – the ABC of Conveyancing (JUTA) and Delport’s South African Property Law and Practice (JUTA).

Thought of the Week | Non-resident Property Buyers

Transferring title in immovable property into the name of non-residents generally follows the same processes as are required in respect of South African property purchasers. In both instances, our land registration system offers new owners security of tenure. However, additional permutations apply in respect of non-resident transactions, making legal advice crucial prior to entering into the transaction.

Questions arising include:
• Can foreign funds be brought into SA for property acquisition?
• Can non-residents borrow money locally to purchase
• May the conveyancing documents be signed overseas and, if so, what is the procedure?
• May the proceeds be taken out of the country when the property is sold?
• Are non-resident owners liable for SA income tax on disposal?
• Is estate duty payable here in the event of the non-resident owner’s death?

For experienced legal assistance, contact our Non-Resident Services Department at nonres@stbb.co.za.

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