Page 221 - Juta's Indirect Tax

s9
TRANSFER DUTY ACT 40 OF 1949 s 9
board or body, as the case may be: Provided that if at any time subsequent to the acquisition thereof it is used otherwise than in the manner contemplated in this paragraph, duty shall become payable in respect of the acquisition of that property and the date upon which that property was rst so otherwise used shall for the purposes of section 3 (1) and section 4 be deemed to be the date of acquisition thereof;
[Para. (c) substituted by s. 4 (1) (c) of Act 87 of 1988, amended by s. 2 (a) of Act 37 of 1995 and by s. 3 (1) (b) of Act 30 of 2000, substituted by s. 3 (1) (a) of Act 30 of 2002 and amended by s. 2 (a) of Act 32 of 2004.]
(d) any institution or body in respect of property acquired for the purpose of a public hospital, subject mutatis mutandis to the proviso to paragraph (c);
(e) an heir or legatee in respect of—
(i) property of the deceased acquired by ab intestato
or testamentary succession or as a result of a re- distribution of the assets of a deceased estate in the process of liquidation; or
[Sub-para. (i) substituted by s. 1 (1) (a) of Act 69 of 1989.] (ii) the amount by which the value of property so acquired is enhanced by the renunciation of an interest in or restriction upon the use or disposal
of such property;
(f) .. .
[Para. (f) deleted by s. 16 (a) of Act 9 of 2006.]
(g) a joint owner of property in respect of the acquisition and registration in his name of a de ned portion of the property allotted to him upon partition of the property, but not in respect of any consideration payable by him in order to equalize the partition or
for any other reason;
(h) a joint owner of property who acquires the sole
ownership in the whole or a portion of the property, in respect of so much of the value of the property in which sole ownership is acquired as represents his share in the joint ownership of that property;
(i) a surviving or divorced spouse who acquires the sole ownership in the whole or any portion of property registered in the name of his or her deceased or divorced spouse where that property or portion is transferred to that surviving or divorced spouse as a result of the death of his or her spouse or dissolution of their marriage or union;
[Para. (i) substituted by s. 16 (b) of Act 9 of 2006.]
(j) . . .
[Para. (j) added by s. 3 (1) of Act 86 of 1987 and deleted
by s. 3 (1) (c) of Act 30 of 2000.]
(k) a spouse in a marriage in community of property in respect of the acquisition of an undivided half-share in property by operation of law by virtue of the contraction of such marriage, if such property had been acquired by the other spouse prior to the date of
contraction of the marriage;
[Para. (k) added by s. 1 (1) (b) of Act 69 of 1989.]
(l) any company in terms of—
(i) an asset-for-share transaction as de ned in section 42 of the Income Tax Act, 1962 (Act 58 of 1962);
(iA) a substitutive share-for-share transaction as de ned in section 43 of the Income Tax Act, 1962 (Act 58 of 1962);
(iB) an amalgamation transaction as de ned in section 44 of the Income Tax Act, 1962 (Act 58 of 1962);
(ii) an intra-group transaction as de ned in section 45 of the Income Tax Act, 1962 (Act 58 of 1962);
(iii) a liquidation distribution as de ned in section 47 of the Income Tax Act, 1962 (Act 58 of 1962); or (iv) a transaction which would have constituted a transaction or distribution contemplated in subparagraphs (i) to (iii) regardless of whether that person acquired that property as a capital
asset or as trading stock,
where the public of cer of that company has made a sworn af davit or solemn declaration that such acquisition of property complies with the provisions of this paragraph;
[Para. (l) added by s. 8 (1) of Act 60 of 2001, substituted by s. 4 (1) of Act 74 of 2002 and by s. 3 (1) (a) of Act 45 of 2003, amended by s. 3 (1) (a) of Act 17 of 2009, by s. 3 (1) (a) of Act 7 of 2010 and by s. 5 (1) of Act 24 of 2011 and substituted by s. 2 (1) of Act 31 of 2013 – substitution deemed to have come into operation on 1 January 2013 and applies in respect of transactions entered into on or after that date.]
(m) any person in respect of the transfer of a property from a superannuation fund created and operated mainly for employees of the former TBVC and self- governing territories and other similar funds into the Government Employees’ Pension Fund;
(n)
[Para. (m) added by s. 2 (1) (a) of Act 31 of 2005.]
any person to whom the Minister of Land Affairs has made available state land administered or controlled by him or her in terms of the Provision of Land and Assistance Act, 1993 (Act 126 of 1993), or section 42E of the Restitution of Land Rights Act, 1994 (Act 22 of 1994);
[Para. (n) added by s. 1 (1) of Act 60 of 2008.]
(o) any person in respect of so much of the value of the property as does not exceed an amount equal to any advance or subsidy granted to that person in terms of the Provision of Land and Assistance Act, 1993 (Act 126 of 1993), for the purposes of that
acquisition.
[Para. (o) added by s. 1 (1) of Act 60 of 2008.]
(1A) No duty shall be payable in respect of the registration of any property transferred by any public bene t organisation contemplated in paragraph (a) of the de nition of ‘public bene t organisation’ in section 30 (1) of the Income Tax Act, 1962 (Act 58 of 1962), that has been approved by the Commissioner in terms of section 30 (3) of that Act to any other entity which is controlled
by that public bene t organisation;
[Sub-s. (1A) inserted by s. 3 (1) (d) of Act 30 of 2000 and substituted by s. 1 (d) of Act 20 of 2006.]
(2) No duty shall be payable by a person who requires his ownership in property to be registered in his name in a deeds registry under any of the following circumstances:
(i) where there has been an error in the registration of the acquisition of the property, provided the duty payable in respect of that acquisition has been duly paid;
(ii) . . .
[Para. (ii) deleted by s. 2 (b) of Act 32 of 2004.]
(3) No duty shall be payable in respect of the registration jointly in the names of partners of any property which is registered in the name of the partnership carried on by
such partners.
(4) No duty shall be payable—
(a) in respect of a change in the registration of property required as a result of the termination of the appointment of an administrator of a trust under a will or other written instrument or of a trustee of an insolvent estate; or
Juta’s IndIrect tax 2016
213
TRANSFER DUTY ACT