12J Fund FAQ’s
“S12J” or “12J” is simply a short reference to Section 12J of the Income Tax Act 58 of 1962 (“The Act”). “Venture Capital Company” (or “VCC”) is the type of company that is dealt with within this section. The term Venture Capital Company is, in our view, a bit misleading as our fund is not traditional venture capital as such. However, The Act sets out what a Venture Capital Company is, how it must operate, and that investors who purchase shares are allowed to deduct 100% of their investment. The following SARS handbook is a good resource if you want to read more
Any individual, company or trust can make a 12J investment. Although there is no maximum limit to the value of investments, the 100% tax write off is limited to R2,5m per year for an individual and R5m per year for a company or trust.
Your employer will be deducting your tax each month (PAYE), which is paid directly to SARS. If you invest in our fund then your taxable income is reduced, and SARS will owe you a refund. For example: if you earn R100k per month (R1,2m per year), your annual tax is approx. R395,000. You will get out R1,2m less R395k = R805,000 p.a. after tax (about R67k per month). If you invest R1m into the fund, then your taxable income is reduced by R1m; i.e. it is now R200k. Based on R200k income, your annual tax is now only R22k, but you have in fact already paid R395k! You will therefore get a refund of R395k less R22k = R373k (SARS will pay this back to you directly).
As a provisional tax payer you must pay provisional tax in August and Feb each year. By making a 12J investment, you reduce the income on which your tax is calculated by the value of your investment, and therefore reduce the tax payable. So by investing in 12J you legally avoid having to pay the tax (whereas a salaried earner will receive a refund).
Your refund will be processed by SARS as soon as your tax returns have been filed. This typically takes place in July each year for the previous February tax year end.
Please try our Investment Calculator here or Contact us to book an appointment with a tax practitioner.
If you sell your shares in the first 5 years, you will owe SARS the full tax benefit that you received upfront. So whilst it is possible to sell, we strongly discourage this as you lose all the tax benefits.
The investment amount is equal to the purchase price of the sectional title investment property that you choose, plus associated costs which include the 12J upfront fee and the standard bond registration & transfer costs.
Yes, you can access our bridging loan which will cover up to 100% of your investment amount. The bridging loan is repaid using your tax refund plus raising a mortgage bond on the property itself. Although the property is not registered in your name (it is owned by the fund) you will be required to apply for the bond which will be approved subject to the banks normal lending criteria.
You choose the exact sectional title unit that you would like to purchase at one of our approved Section 12J projects. You will know upfront what the purchase price and associated costs are for the specific unit you choose.
The Flyt Select Fund allows investors to exit the 12J fund after 5 years but retain their investment property via a ringfenced holding company. Investors may then chose to exit the investment at any time by selling the property. No Capital Gains Tax is payable upon exiting the 12J fund, however if the property is sold then Capital Gains Tax will be payable on the increase in property value.
Initiation Fee: 1% Annual Management Fee: 1,5% Performance Fee: n/a
Most investments have a net income forecast of between 6% and 8% per year (excluding capital growth). For some projects a guaranteed return of 6,5% is offered for the first year. All the returns from your unit (income and capital growth) ultimately flow to you.
The income generated from the property is used to service the bond repayments. If you chose not to take a bond (ie invested cash) then the net income will be available to distribute on a monthly basis.
The minimum investment amount is R1 million. However you are only required to put down 35% of your investment amount in cash (the rest is financed) so the minimum cash investment is R350 000.
Yes, up to 100% finance is available. As part of the investment structure, Flyt will finance 65% of your investment into the Partnership fund. If you would like to borrow the 35% deposit while you wait for your SARS refund, you can apply for this funding via our bridging loan facility too. Our tax experts will assess your tax position and work out how much your tax refund will be, so you will know how much you can borrow. It is possible that the full 35% (or more) is covered by your tax refund.
The fund has a wide investment mandate and can invest in both development opportunities (which generate development profits) and completed sectional title units (which generate long term income yield). Flyt will make the selection of investments jointly with shareholder representatives via the funds Investment Committee.
The Flyt Partnership Fund offers investors the ability to earn passive income into perpetuity, i.e. you don’t have to exit after 5 years and are encouraged to view this as a long term passive investment. However if you want to sell, there are attractive exit options available. You can opt to sell your shares back to the fund or you can acquire a specific property out of the fund in exchange for your shares.
Initiation Fee: 1% Annual Management Fee: 1.5% Profit participation: Flyt 50% and Investors 50%
The total fund returns will be a function of the investments it makes, however the fund’s target is to return 15% p.a. total return.
During the first 5 years all income is used towards reducing the 65% loan.
Currently there is a ‘sunset clause’ that takes effect in July 2021. This means that unless government decides to extend the period, the 12J inventive will fall away as at that date. All existing investments will however remain valid and in place, just new investments will not receive the tax benefit.
Section 12J was written into law and introduced as a provision in the Income Tax Act. Furthermore, our fund is a registered financial services provider (FSP 45663) which means it is regulated by the Financial Services Conduct Authority (FSCA – formerly the FSB). It is also a SARS-approved Venture Capital Company (VCC 0008). In addition we also have a formal Tax Opinion that covers all technical and legal aspects, which can be made available upon request.
Section 12J is similar to the retirement fund contribution, i.e. it is a legislated deduction (it is not a ‘tax structure’). This means SARS must by law allow the deduction (and must refund any taxpayer who is in credit). The tax certificate that you receive from our fund enables this deduction. All the current investors in Anuva Investments (over 100 investors) have all received their deductions/refunds as expected.
The Flyt 12J investments are structured as divisions of Anuva Investments (www.anuvainvestments.co.za). Anuva is one of South Africa’s first and most-established Section 12J companies, with an outstanding track record since inception. Anuva is Flyt’s exclusive 12J partner. Anuva is administered by Hobbs Sinclair (www.hobbsinc.co.za), a specialist tax and advisory firm.
Flyt is the Asset Manager and takes care of all property related aspects. Flyt is a leading Cape-based property group that develops and invests through joint venture and independent projects.