R
New Build from Developer (VAT registered)
VAT: R 260ย 870
VAT rate: 15.0%
Price excl. VAT
R 1ย 739ย 130
VAT (15% incl.)
R 260ย 870
Transfer Duty
R 0 (exempt)
Input VAT Recoverable
R 260ย 870
Legal Framework
VAT is included in the purchase price (Section 7 VAT Act). Transfer duty DOES NOT apply โ€” mutual exclusion. VAT returns (VAT 201) must be filed if buyer is a VAT vendor.
VAT Act Section 7(1)(a); Transfer Duty Act Section 9(15)
VAT on Property โ€” South African Legal Framework How to use • VAT Act • Example

How to Use This Calculator

Select the transaction type: new build from a VAT-registered developer, commercial property sale between VAT vendors, going concern (Section 11(1)(e) zero-rated), or standard residential resale (transfer duty applies). Enter the purchase price and indicate whether the advertised price is VAT-inclusive or VAT-exclusive.

The calculator determines whether VAT (15%) or transfer duty (sliding scale 0โ€“13%) applies, and shows the resulting tax amount. For commercial transactions, it also shows the input VAT recovery amount if the buyer is a registered VAT vendor.

The Mutual Exclusion Rule

South African law provides that VAT and transfer duty are mutually exclusive under Section 9(15) of the Transfer Duty Act โ€” a property transaction cannot attract both. The determining factor is whether the seller is a VAT-registered vendor selling property in the course of their enterprise.

Seller is VAT vendor? YES → VAT (15% or 0%) applies  •  Transfer Duty = R0
Seller is NOT VAT vendor? NO → Transfer Duty applies (sliding scale)  •  VAT = R0

Key VAT Act provisions for property:

  • Section 7 โ€” standard rate (15%) applies to property supplied in the course of enterprise
  • Section 11(1)(e) โ€” zero rating for going concern sales where both parties are VAT vendors
  • Section 18A โ€” self-supply rule for residential developers who convert to rental use

Worked Example

Sipho buys a new sectional title apartment in a development in Midrand from a VAT-registered developer. The advertised price is R2,300,000 VAT-inclusive.

VAT portion (15/115 of inclusive price):
R2,300,000 × 15 ÷ 115 = R300,000 VAT

Property value excl. VAT: R2,300,000 − R300,000 = R2,000,000

Transfer duty payable: R0 (seller is a VAT vendor โ€” mutual exclusion applies)

Sipho is purchasing as a private individual for residential occupation, so he cannot recover the R300,000 VAT as input tax. The VAT is embedded in the purchase price he pays. Had he purchased as a company for commercial use from a VAT vendor, he could have claimed back R300,000 on his VAT 201 return.

Frequently Asked Questions

Is VAT or transfer duty payable when buying a new property from a developer?

When buying a new property from a VAT-registered developer in South Africa, VAT (15%) applies โ€” not transfer duty. VAT and transfer duty are mutually exclusive under the Transfer Duty Act Section 9(15). The VAT is typically included in the purchase price (VAT-inclusive), meaning the effective property price before VAT is lower than the advertised price. No transfer duty is payable.

What is a zero-rated going concern sale under Section 11(1)(e)?

Under Section 11(1)(e) of the VAT Act, a property sold as a going concern (an operating business that can be continued by the buyer) is zero-rated for VAT โ€” meaning 0% VAT applies. This is common for commercial property with sitting tenants. Both the buyer and seller must be registered VAT vendors, and they must agree in writing before the sale that the transaction constitutes a going concern. No transfer duty applies either.

Can a VAT vendor recover input VAT on a commercial property purchase?

Yes. If you are a VAT-registered vendor purchasing commercial property from another VAT vendor (not a going concern transaction), you can claim the input VAT as a deduction on your VAT 201 return. This effectively reduces the net cost to the purchase price (excl. VAT). The property must be used for making taxable supplies. Residential property used for private purposes does not qualify for input VAT recovery.

When does a residential property sale attract VAT vs transfer duty?

A residential property sale attracts transfer duty (not VAT) when the seller is a private individual or a company not registered for VAT as a property developer. Transfer duty is payable on a sliding scale: 0% below R1,210,000, up to 13% above R13,310,000. When the seller is a VAT-registered property developer, the sale attracts VAT (15%) and no transfer duty.

What is the self-supply rule (Section 18A) for residential developers?

Under Section 18A of the VAT Act, if a VAT-registered developer constructs residential properties that are then rented out (rather than sold), a self-supply VAT charge arises โ€” the developer must account for output VAT on the market value of the properties as if they were sold. This prevents developers from claiming construction input VAT and then using properties for exempt residential rental. Developers should consult a registered tax practitioner regarding Section 18A implications.