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LML4804 ASSIGNMENT 02 SEMESTER 02 ANSWERS DUE 25 SEPTEMBER 2024

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LML4804 ASSIGNMENT 02 SEMESTER 02 ANSWERS DUE 25 SEPTEMBER 2024 INCOME TAX LAW: LML4804 ASSIGNMENT (03): Compulsory assignment - Written • This assignment has to reach UNISA by 25 September 2024. • Your answer must not exceed ten (10) typed pages. Pages in excess of the limitation will not be marked. This excludes the cover page, table of contents and the plagiarism declaration if any. • This assignment counts 15 per cent towards your final mark. QUESTION 1 (CAPITAL GAINS TAX) Ms. Kru, a South African resident worked for O Insure (Pty) Ltd (“O Insure”) as a specialist for 15 years. As a result of the Covid-19 pandemic that hit the world, O Insure decided to retrench some of its employees and unfortunately, Ms. Kru, was one of the retrenched employee. She was given a severance package of R5 million. Ms. Kru is married in community of property to Lolo and they stay in Blue Halley, Pretoria. They bought the house in 2011 for R900 000. They also own a holiday house in Hermanes, Western Cape which they bought in 2012 for R800 000. The couple also own a BVM X and a Range Sports Car that Ms. Kru bought for Lolo as a graduation present. As a result of the retrenchment, the couple decided to downsize their lifestyle. They therefore embarked on the following transactions: • They appointed REX Real Estate agents at a cost of R200 000 to sell the house in Blue Halley for R2,5 million; replaced all bathrooms’ taps with gold plated ones at a cost of R30 000; appointed Fix It (Pty) Ltd (“Fix it”) to fix the leaking swimming pool at a cost of R10 000; • They sold Range Sports Car for R1 million; WHAT IS REQUIRED OF YOU: Without calculating the capital gain of Ms. Kru, discuss the capital gains tax principles applicable in the scenario. [15 marks] QUESTION 2 (TAX AVOIDANCE AND ADMINISTRATION) 2.1 Phephisi and Carlifonia are married in community of property, and they have three children: Mahlaku aged 20, Mologadi aged 19 and Kabelo aged 17. Phephisi is a well- known businessman who owns a chain of chicken outlets. After deciding to prepare his children for the future, he embarked on the following transaction: he donated R100 000 to each of his children. Mahlaku invested the amount at Blue Bank and received R5000 interest. Mologadi kept the money in the safe. Kabelo opened women’s boutique outlet and earned a profit of R10 000. Phephisi also donated R200 000 to his wife, Carlifonia as a Valentine’s gift. Phephisi also formed a trust for the benefit of their children. He donated a block of flats to the trust. The trust earned rental income in the amount of R500 000 from the letting of the flats during the 2022/23 year of assessment. The trust deed stipulated that the income should not be paid out to the beneficiaries until they reach the age of thirty years, or until the trustee exercises his discretion in this regard. WHAT IS REQUIRED OF YOU: (a) Discuss the income tax consequences for Mahlaku, Mologadi, Kabelo and Carlifonia as a result of the money Phephisi donated to them during the 2022/23 year of assessment. [10 marks] (b) Discuss the income tax consequences for Mahlaku, Mologadi and Kabelo as a result of the donation made to the trust that Phephisi formed. [5 marks] TOTAL FOR ASSIGNMENT 03: [30 marks] © UNISA

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RONSAM
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LML4804 ASSIGNMENT 03 SEMESTER 02
DUE 25 SEPTEMBER 2024




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, QUESTION 1 (CAPITAL GAINS TAX)


In South Africa, CGT is levied on the disposal of assets, with the capital gain
calculated as the difference between the proceeds and the base cost of the asset,
which includes acquisition costs, improvements, and disposal costs such as agent
fees. The sale of the Blue Halley house falls under CGT, though vehicles like the
Range Sports Car are exempt from CGT, as discussed below. CGT in South Africa is
governed by the Eighth Schedule of the Income Tax Act 58 of 1962, which defines
the capital gain framework. The Blue Halley house is a capital asset for CGT
purposes, and its disposal triggers the need to calculate any applicable CGT based
on the proceeds minus base cost and allowable deductions such as the agent’s fee. 1

The primary residence exclusion provides that a capital gain of up to R2 million is
exempt from CGT when disposing of a primary residence. Given that the house in
Blue Halley is sold for R2.5 million, the capital gain would be reduced by R2 million,
leaving only R500,000 subject to CGT. Additionally, improvements like replacing taps
and fixing the swimming pool can be added to the base cost, thereby further
reducing the capital gain.2

The base cost for CGT purposes includes the acquisition cost (R900,000 for the Blue
Halley house) as well as any capital improvements, such as the R30,000 for the taps
and the R10,000 for fixing the pool. Transaction costs, such as the R200,000 paid to
the real estate agent, are also deductible from the proceeds, reducing the taxable
capital gain. These adjustments lower the total taxable gain. 3

Cars are considered personal-use assets under South African tax law, and the sale
of such assets is generally excluded from CGT. Consequently, the sale of the Range
Sports Car for R1 million is exempt from CGT.Since Ms. Kru is married in community
of property, any capital gain or loss on jointly owned assets is split equally between



1
M Stiglingh and others, Silke: South African Income Tax 2023 (25th edn, LexisNexis
2023) 601.
2
M Stiglingh and others, Silke: South African Income Tax 2023 (25th edn, LexisNexis
2023) 606.
3
M Stiglingh and others, Silke: South African Income Tax 2023 (25th edn, LexisNexis
2023) 608.

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