IHTM27178 - Foreign property: Double Taxation Conventions: certification and taxing rights: South Africa

Before we give up our right to tax assets under Article 5(1) of the double taxation convention (DTC) with the Republic of South Africa we need the South African authorities to certify that:

• the assets have been disclosed to them and
• any tax due has been paid or will be enforced.

This is because Article 5(3) of the DTC allows us to tax the property if South Africa is unable to enforce its right to tax. HMRC needs to give a similar certification if the South African authorities must give up their right to tax property.

Until we have a form 745 from the South African authorities certifying that the property has been disclosed and that tax has been paid or will be enforced, you should not close any case where:

• Article 5(1) operates to exclude some UK property from the charge to IHT, and
• the case would be taxpaying without that exclusion

You should explain this requirement to the taxpayer and issue Form 745. You should draw their attention to the paragraphs of the form that they must complete. Where the UK is giving up its taxing rights under the convention, only paragraph 1 applies and paragraphs 2 to 7 are not appropriate. 

Where South Africa gives up the right to tax property under Article 5(1), the South African authorities will send a copy of the South African form Rev260 to us to certify.

Once you have checked the forms you should send them to Technical together with a note of any errors or omissions. Technical will then issue the appropriate certificate.