Inheritance tax in South Africa applies to both residents and non-residents, with rates up to 25% on estates exceeding 30 million rand (ZAR).
Foreigners can inherit South African assets, but estate duty applies only to property located in the country.
Este artículo trata:
- What is the estate duty rate in South Africa?
- Does inheritance tax apply to foreigners?
- How can you minimize inheritance tax?
- Are inherited properties subject to capital gains?
Principales conclusiones:
- Estate duty in South Africa is 20% up to ZAR 30 million and 25% above it.
- Beneficiaries do not pay inheritance tax directly; the estate pays first.
- Certain assets, including spousal bequests and trusts, can be exempt.
- Foreigners can inherit South African property, subject to local taxes.
Mis datos de contacto son hello@adamfayed.com y WhatsApp +44-7393-450-837 si tiene alguna pregunta.
La información contenida en este artículo es meramente orientativa. No constituye asesoramiento financiero, jurídico o fiscal, ni una recomendación o solicitud de inversión. Algunos hechos pueden haber cambiado desde el momento de su redacción.
What are the inheritance tax laws in South Africa?
Inheritance in South Africa is subject to estate duty, which is the country’s version of inheritance tax.
En Estate Duty Act governs how estates are taxed before distribution to heirs, applying differently to residents and non-residents. Key points include:
- Estate duty rates: 20% on estates valued up to ZAR 30 million, 25% on estates above ZAR 30 million.
- Abatement threshold: The first ZAR 3.5 million of an estate is exempt from estate duty.
- Scope for residents vs. non-residents: South African residents are taxed on worldwide assets, while non-residents are taxed only on South African-located property.
- Executors’ responsibilities: Executors must report the estate to the South African Revenue Service (SARS) and ensure estate duty is paid before distributing assets.
- Foreign heirs: Non-resident beneficiaries can inherit South African assets, but estate duty is calculated only on assets situated in South Africa.
This ensures that the government receives its due share before beneficiaries receive any inheritance, and it clarifies how estate duty impacts both locals and foreigners.
How much tax do you pay on inheritance in South Africa?
South Africa inheritance can cost heirs between 20% and 25% of the estate’s value. Current estate duty rates are:
- 20% on estates valued up to ZAR 30 million
- 25% on estates exceeding ZAR 30 million
For residents, estate duty applies to worldwide assets, while for non-residents, it applies only to South African-located assets.
Life insurance payouts that form part of the deceased’s estate may also attract estate duty if the estate is the beneficiary.
What is the maximum amount you can inherit without paying tax?
In South Africa, you can inherit up to ZAR 3.5 million tax-free under the estate’s primary abatement.
This abatement is a threshold that reduces the estate’s taxable value, ensuring that small or moderate estates are not subject to estate duty.
Any portion of the inheritance exceeding ZAR 3.5 million is taxed at the standard estate duty rates of 20% or 25%, depending on the total estate value.
What assets are not subject to Inheritance Tax?
Certain South African assets, such as retirement funds, living annuities, and spousal bequests, are not subject to estate duty.
- Retirement funds: Pension, provident, preservation, and retirement annuity proceeds bypass the estate and are distributed to financial dependents according to the Pension Funds Act.
- Living annuities: Proceeds go directly to nominated beneficiaries, avoiding estate duty, though withdrawals may incur income tax.
- Buy-and-sell assurance: Properly structured policies between business partners, intended to fund the purchase of deceased shares, can be exempt.
- Key person assurance: If the company is the beneficiary and premiums are paid by the company, proceeds bypass the estate.
- Domestic life policies with the spouse as beneficiary: Section 4(q) allows these proceeds to be deducted from the dutiable estate.
- Gifts made more than three years before death (the three-year rule).
- Small estates falling under the ZAR 3.5 million abatement threshold.
- Assets passing outside the estate, including trusts or jointly owned property with right of survivorship.
Do beneficiaries pay tax on inheritance in South Africa?
In South Africa, beneficiaries do not pay inheritance tax directly. Estate duty is levied on the estate itself before distribution.
However, beneficiaries may encounter capital gains tax if they later sell inherited assets, which is calculated based on the asset’s market value at the date of death.
How to avoid inheritance tax in South Africa?
While inheritance tax cannot be completely eliminated legally, you can significantly reduce it by making use of lifetime gifting, among other legal strategies.
Other approaches include:
1. Spousal exemptions: Leaving assets to a surviving spouse reduces estate duty.
2. Trusts: Using trusts to hold assets outside the estate can mitigate tax liability.
3. Life insurance planning: Structuring policies to pay beneficiaries directly rather than through the estate.
Do you pay capital gains tax on inherited property in South Africa?
Yes. When a beneficiary sells inherited property, capital gains tax (CGT) may apply.
The gain is calculated as the difference between the property’s market value on the date of death and the sale price.
This ensures that gains accrued during the deceased’s lifetime are accounted for, even if the property is inherited.
Can a foreigner inherit property in South Africa?
Yes, foreigners can inherit property in South Africa.
Estate duty for non-resident heirs applies only to South African-located assets. Foreign heirs should also consider:
- Exchange control rules, which may restrict the repatriation of funds
- Tax obligations in their home country for receiving foreign inheritance
Which is the correct order of payment from an estate in South Africa?
In South Africa, creditors are paid first in a legally defined order before any inheritance goes to beneficiaries, with separate hierarchies for each group.
1. Creditor payment hierarchy:
Creditors are paid in the following order:
- Administration costs – executor fees, Master’s fees, advertisement costs, postage, bank charges, valuations, and transfer fees.
- Funeral expenses – costs of the deceased’s funeral.
- Creditor claims:
- Secured creditors – e.g., mortgage holders or car finance companies.
- Preferent creditors – e.g., employees’ claims, taxes owed to SARS.
- Concurrent creditors – all other creditors with no special status.
- Maintenance claims – proven claims by a surviving spouse, minor, or dependent child.
2. Beneficiary payment hierarchy:
After all creditor obligations are met, remaining funds are distributed to beneficiaries:
- Cash inheritances – beneficiaries receiving specific cash legacies are paid first.
- Residuary inheritance – any remaining estate after all other inheritances are paid.
If the estate has insufficient funds, some beneficiaries may not receive their full inheritance.
Executors must carefully follow both hierarchies to comply with the Administration of Estates Act.
Conclusión
Inheritance in South Africa can be complex, especially for foreigners and non-residents, due to estate duty rules and asset-specific exemptions.
Understanding which assets are exempt, the abatement threshold, and the order of payments can help preserve more of an estate for intended beneficiaries.
Strategic planning through trusts, lifetime gifts, or structured policies can reduce estate duty and ensure a smoother transfer of wealth.
Careful attention to both local regulations and cross-border implications is essential for anyone navigating inheritance in South Africa.
Preguntas frecuentes
What can an executor not do in South Africa?
An executor cannot act outside the authority granted by the Master of the High Court, cannot favor one beneficiary over another, and must avoid conflicts of interest when managing the estate.
What is the 3 year rule for deceased estate?
Gifts made within three years of death are added back to the deceased’s estate for estate duty calculations.
This prevents last-minute gifting to avoid inheritance tax.
What happens if you don’t declare inheritance?
Failing to declare inheritance can lead to penalties, interest, or legal action by the South African Revenue Service (SARS).
Executors are legally obligated to report all estate assets.
How much should an executor of an estate get paid in South Africa?
Executor fees are generally 3.5% of the estate’s value, excluding certain assets.
The Master of the High Court oversees and approves these fees to ensure fairness.
¿Le duele la indecisión financiera?
Adam es un autor reconocido internacionalmente en temas financieros, con más de 830 millones de respuestas en Quora, un libro muy vendido en Amazon y colaborador de Forbes.
