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Johannesburg - Many South Africans are thinking of investing overseas to take advantage of a new exchange control concession, which raises the foreign investment allowance for over-18s from R2m to R4m.
This makes it imperative to consider the tax implications for individual investors in listed foreign equities, unit trusts and cash.
For example, where a taxpayer opens a foreign banking account and uses this account primarily for investment transactions, complicated tax record-keeping is required.
Essentially, each time payments are made out of this account, a capital gain or loss arises. When transfers are made a new base cost for the foreign currency has to be determined for capital gains tax (CGT) purposes.
An investor is allowed to translate foreign currency amounts into rand at either the average rate for the year of assessment, or the spot rate on the date of the transaction. However, the taxpayer has to be consistent in this choice within a particular assessment year.
Also, foreign dividends and foreign interest in general is taxable in South Africa. This also applies to dividends from foreign unit trusts. However, the first R3 500 of foreign interest and dividends is exempt. If foreign withholding taxes have been paid on the foreign income, the taxpayer may (subject to a formula) claim these back as a credit against the local tax liability for the year.
How losses and gains affect you
David Warneke, tax partner at Cameron and Prentice Chartered Accountants, said a fundamental issue is whether losses or gains from foreign investments are of a revenue or a capital nature.
"If the investment was made with a speculative intention - for example, because a short-term decline in the value of the rand was expected, or a quick profit was anticipated for other reasons - then the gain or loss is revenue in nature. If not, it is of a capital nature.
"If a revenue gain has been realised, it must be accounted for in the individual taxpayers' gross income, which is taxed at the marginal rate of up to 40%. If a revenue loss has been suffered, provided that it passes a number of tests for deductibility. If the gain or loss is capital in nature, then the CGT rules must be applied," said Warneke.
"In calculating CGT, all capital gains and losses for the year are combined, excluding the annual exemption of R17 500. If the result is a loss, it is carried forward to the following year to offset against capital gains arising in future. If the result is a gain, 25% of this is added to the taxpayer's other taxable income and taxed at the marginal rate," he said.
Warneke said that the rand movement relative to the foreign currency is included in calculating a capital gain or loss on foreign equities or unit trusts. "This is also the rule if the gain or loss is revenue in nature," he said.
- Fin24.com