Browsing by Author "Jooste, R D"

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    The Capital gains tax - Implications of holding limited interests in property
    (Juta Law, 2002) Jooste, R D; Roeleveld, J J
    For the purposes of capital gains tax (CGT) an 'asset' includes 'property of whatever nature, whether movable or immovable, corporeal or incorporeal...' and 'a right or interest of whatever nature to or in such property'.1 It is clear from this definition that an 'asset' includes limited interests in property that are real rights such as bare dominium, a usufruct, a fiduciary interest, a right of usus, a right of habitatio and grazing rights, as well as personal rights such as the right to income from a trust and the right to occupy trust property. In this article an attempt is made to clarify the position regarding the impact of CGT on the disposal of these limited interests.