Specialising in tax and exchange control, Johan spent time with PwC in the UK, the financial capital of the globe, and on his return spent 3 years with PwC Cape Town in the Corporate International Tax department before joining STBB as a candidate attorney in 2011. Johan practices within the Corporate Commercial department and has extensive commercial drafting experience with a specific focus on business acquisitions, going-concern transactions and advises on tax aspects of commercial and property-related transactions. Since 2015 Johan heads the Non-Resident practice within STBB. His expert services range from assisting foreign investors in remitting their proceeds from fixed property out of South Africa and drafting and regularising loan agreements through the SARB to obtaining Tax Directives and various types of Tax Clearance Certificates from SARS. As an admitted attorney, conveyancer and registered tax practitioner, Johan’s skill set makes him an invaluable asset in advising and assisting STBB’s diverse clients.

Thought of the Week | Non-Resident Property Owners

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 property?
  • Can non-residents open local banking accounts?
  • 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 Johan Greyling of our Non-Resident Services Department.

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