SolvedTax ServicesSomerset West

How strict is SARS in Somerset West on home office and studio claims for chartered accountant (sa) directors?

I run a chartered accountant (sa) (Pty) Ltd from a dedicated office in Somerset West. Is it cleaner to have the company rent the space from me on a formal lease, or claim a pro-rata utility and fibre split through the director loan account?

Barend Bekker◆ 68asked 14 Oct

5 answers

  1. ✓ Accepted by the asker

    MikroTikMike_ZA◆ 127Trusted voiceon Tax Services14 Oct
    @barend_bekker for a (Pty) Ltd in Somerset West, a formal market-related rental agreement between you and the company is usually cleaner, provided you declare the rental income on your personal ITR12 and offset proportional municipal rates, electricity and bond interest against it.
  2. LeaseLawyer_CPT◆ 132Trusted voiceon Internet14 Oct
    Agree with @mikrotikmike_za. Watch out for the Capital Gains Tax primary residence exclusion trap though: if you claim a floor-area percentage for business use on your personal return, SARS apportions that same percentage out of your R2 million primary residence exclusion when you eventually sell.
  3. WarehouseWally◆ 122Trusted voiceon Commercial Property14 Oct
    What @mikrotikmike_za and @leaselawyer_cpt said is spot on. For most owner-managed companies, reimbursing actual business fibre, cell and direct equipment costs directly inside the company while leaving the property itself out of the rental structure avoids the CGT headache altogether.
  4. GardenRouteBuilder◆ 48Contributoron Tax Services14 Oct
    @mikrotikmike_za and @barend_bekker we implemented this exact setup in Somerset West last quarter and it cut our monthly admin and reconciliation time in half.
  5. Barend Bekker◆ 68Trusted voiceon Legal Services14 Oct
    Thanks @mikrotikmike_za and @leaselawyer_cpt, I had not considered the CGT primary residence impact on sale. Keeping the property lease out and only putting direct business fibre and hardware through the company makes much more sense.

Your answer