Property buyers, sellers, estate agents and conveyancers have certain responsibilities and obligations regarding taxes to the South African government. More and updated information is available on their website: www.sars.gov.za. The purchaser and/or seller have to meet the requirements of SARS and a portion of the purchase price have to be withheld on registration of the property, subject to the applicable legislation on date of the transaction. A purchaser is personally liable for all of the above, if he/she knows or should reasonably have known that the seller is a non-resident. As the purchaser may sell the property in future, the purchaser will then become the seller and the same details (as amended from time to time) will then be applicable to the purchaser (as seller). If you are a non-resident seller, you will have to complete the form NR03-Tax-Directive-Application-by-Non-Resident-Seller. These documents will be submitted to SARS. If need be you will have to submit SARS numbers and IRP6(3) forms. You will also have to meet the other requirements as amended from time to time. If you are a non-resident purchaser: You will have to complete the form NR02-Declaration-by-Purchaser-for-Sale-of-Immovable-Property-in-SA-by-Non-Resident. These documents will be submitted to SARS. If need be you will have to submit SARS numbers and IRP6(3) forms. You will also have to meet the other requirements as amended from time to time. Agents and conveyancers should also take note and inform the parties to avoid joint and several laibilities.
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