There is conflicting information regarding capital gains tax % on the sars website, if you type in Capital gains tax 2019 at Google, then a list is displayed with 18% for individuals, 22.4% for companies and 36% for trusts, but in the guideline "ABC of ca


Important: 

This answer is based on tax law for the year ending 28 February 2019. 

Answer:

Whilst the SARS capital gains guide, issue 7, is a very good source of information regarding capital gains, it is best to consult the Income Tax Act itself, the Eighth Schedule, in this respect.  

There is no “CGT rate” as you indicated under your own view.  

Taxable capital gains are, under section 26A of the Act, included in the taxable income of the taxpayer and the tax rate, read from the table published in the applicable Rates and Monetary Amounts and Amendment of Revenue Laws Act.  The most recent one is the 2018 one and the rates are found in Schedule I. The rates of tax changes every year, but the inclusion rates are not amended that often.  

The percentage that you refer to, the 40%, is the current inclusion rate.  It is found in paragraph 10 of the Eighth Schedule. It currently reads as follows: 

Paragraph 10(1): 

A person's taxable capital gain for the year of assessment is –

(a) in the case of a natural person or a special trust as defined in section 1 of the Act, 40 per cent;

(b) in the case of an insurer, in respect of its –

  1. individual policyholder fund, 40 per cent; 

  2. untaxed policyholder fund, 0 per cent; 

  3. company policyholder fund, 80 per cent; and 

  4. risk policy fund, 80 per cent; or

(c) in any other case, 80 per cent,  

of that person's net capital gain for that year of assessment. 

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