10.     Taxable capital gain

(1)     A person’s taxable capital gain for the year of assessment is-

[Words preceding paragraph (a) substituted by section 76 of Act 23 of 2018 effective on 17 January 2019]

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

[Item (a) substituted by section 66 of Act 74 of 2002, by section 9(1)(a) of Act 13 of 2012 and by section 12(1)(a) of Act 13 of 2016 deemed effective on 1 March, 2016 and applicable in respect of years of assessment commencing on or after that date]

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

(i)      individual policyholder fund, 40 per cent;

[Sub-item (i) substituted by section 12(1)(b) of Act 13 of 2016 deemed to have come into operation (a) on 29 February, 2016 in respect of deemed disposals made by virtue of section 29B of this Act and applicable in respect of those disposals and (b) on 1 March, 2016 in respect of any disposals other than deemed disposals contemplated in (a) and applicable in respect of those disposals that are made on or after that date]

(ii)     untaxed policyholder fund, 0 per cent;

[Item (ii) amended by section 79 of Act 43 of 2014 effective on 1 January 2016]

(iii)    company policyholder fund, 80 per cent; and

[Sub-item (iii) amended by section 79(1)(b) of Act 43 of 2014 and substituted by section 12(1)(c) of Act 13 of 2016 deemed to have come into operation (a) on 29 February, 2016 in respect of deemed disposals made by virtue of section 29B of this Act and applicable in respect of those disposals and (b) on 1 March, 2016 in respect of any disposals other than deemed disposals contemplated in (a) and applicable in respect of those disposals that are made on or after that date]

(iv)     risk policy fund, 80 per cent; or

[Item (b) substituted by section 105(1) of Act 22 of 2012 deemed to have come into operation (a) on 29 February, 2012 in respect of deemed disposals made by virtue of section 29B of this Act and applicable in respect of those disposals and (b) on 1 March, 2012 in respect of any disposals other than deemed disposals contemplated in (a) and applicable in respect of those disposals that are made on or after that date. Sub-item (iv) added by section 79(1)(c) of Act 43 of 2014 and substituted by section 12(1)(c) of Act 13 of 2016 deemed to have come into operation (a) on 29 February, 2016 in respect of deemed disposals made by virtue of section 29B of this Act and applicable in respect of those disposals and (b) on 1 March, 2016 in respect of any disposals other than deemed disposals contemplated in (a) and applicable in respect of those disposals that are made on or after that date]

(c)     in any other case, 80 per cent,

[Item (c) substituted by section 9(1)(b) of Act 13 of 2012 and by section 12(1)(d) of Act 13 of 2016 deemed effective on 1 March, 2016 and applicable in respect of years of assessment commencing on or after that date]

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

(2)

(a)     The Minister may announce in the national annual budget contemplated in section 27(1) of the Public Finance Management Act that, with effect from a date or dates mentioned in that announcement, the percentage used in determining a person’s taxable capital gain for the year of assessment under subparagraph (1) will be altered to the extent mentioned in the announcement.

(b)     If the Minister makes an announcement of an alteration contemplated in item (a), that alteration comes into effect on the date or dates determined by the Minister in that announcement and continues to apply for a period of 12 months from that date or those dates subject to Parliament passing legislation giving effect to that announcement within that period of 12 months.

[Subparagraph (2) added by section 76 of Act 23 of 2018 effective on 17 January 2019]

5.     Annual exclusion

(1)     Subject to subparagraph (2), the annual exclusion of a natural person and a special trust in respect of a year of assessment is R40 000: Provided that where any person’s year of assessment is less than a period of 12 months, the total annual exclusions for years of assessments during the period of 12 months commencing in March and ending at the end of February the immediately following calendar year must not exceed R40 000.

[Subparagraph (1) substituted by section 8(1) of Act 13 of 2012 and by section 11(1) of Act 13 of 2016 and amended by section 22(1) of Act 20 of 2022 with effect from 1 March, 2023 and applicable in respect of years of assessment commencing on or after that date]

(2)     Where a person dies during the year of assessment, that person’s annual exclusion for that year is R300000.

(3)

(a)     The Minister may announce in the national annual budget contemplated in section 27(1) of the Public Finance Management Act that, with effect from a date or dates mentioned in that announcement, the annual exclusion of the person mentioned in subparagraph (1) or (2) will be altered to the extent mentioned in the announcement.

(b)     If the Minister makes an announcement of an alteration contemplated in item (a), that alteration comes into effect on the date or dates determined by the Minister in that announcement and continues to apply for a period of 12 months from that date or those dates subject to Parliament passing legislation giving effect to that announcement within that period of 12 months.

[Subparagraph (3) added by section 75 of Act 23 of 2018 effective on 17 January 2019]