Primary Residence Exclusion
The primary residence exclusion removes the first R2 million of capital gain on a SA property sale from CGT — but only where the property was genuinely used as a primary residence, not rented out or left empty.
Definition: A capital gains tax (CGT) relief provision under South African tax law that excludes the first R2 million of any capital gain made on the sale of a primary residence from CGT. If the total gain on the property sale is R2 million or less, no CGT is payable on the residential property portion of the estate.
For non-residents and expats, the primary residence exclusion is available - but only where the property was genuinely used as a primary residence for a qualifying period. A property rented out to tenants does not qualify. A property left empty does not automatically qualify. The exclusion is based on actual use, not ownership.
The exclusion interacts directly with Section 35A withholding - the conveyancer calculates whether the exclusion applies when determining how much to withhold from sale proceeds. If the exclusion eliminates the CGT liability entirely, the withheld amount is refunded by SARS after a tax return is filed.
Many expats selling SA property assume the exclusion applies automatically - it does not. Our in-house SARS-registered tax practitioner can confirm whether your property qualifies before you proceed with a sale.