Page 223 - Juta's Indirect Tax

s 9 TRANSFER DUTY ACT 40 OF 1949 s 11
(15) No duty shall be payable in respect of the acquisition of any property under any transaction which for purposes of the Value-Added Tax Act, 1991, is a taxable supply of goods to the person acquiring such property if—
(a) the transferor of the property under such transaction, in a declaration in such form as the Commissioner may prescribe, certi es that value-added tax payable under the said Act has been paid to him in respect of the said supply by the transferee and has been accounted for by him in a relevant return required to be furnished by him under the said Act or will be so accounted for in such return within the time allowed under that Act for the rendering of such return, or where such supply was subject to the said tax at the rate of zero per cent, such information regarding such supply as the Commissioner may require has been furnished to him;
(b) any security required by the Commissioner for the payment of such tax has been lodged, if such tax has not yet been paid; and
(c) the Commissioner has issued a certi cate to the effect that the requirements of this subsection for the granting of the exemption have been met.
[Sub-s. (15) added by s. 79 of Act 89 of 1991.]
interest in the use of immovable property conferred by reason of the ownership of a share held by that person in a share block company as de ned in section 1 of that Act is converted to ownership by that person of that immovable property; or
(b) in respect of the acquisition by that person of a part of the immovable property of a share block company as de ned in section 1 of the Share Blocks Control Act, 1980 (Act 59 of 1980), where that person had a right of use of that part, which right was conferred by reason of the ownership of a share held by that person in that share block company.
[Sub-s. (19) added by s. 3 (1) (b) of Act 45 of 2003 and substituted by s. 1 (1) of Act 22 of 2012 – date of commencement: 1 January 2013; this substitution applies in respect of acquisitions made on or after that date.]
(20) No duty shall be payable in respect of any acquisition of any interest in a residence as contemplated in paragraph 51 or 51A of the Eighth Schedule to the Income Tax Act, 1962 (Act 58 of 1962), where that acquisition takes place as a result of a transfer or disposal contemplated in either of those paragraphs.
[Sub-s. (20) added by s. 3 (1) (b) of Act 17 of 2009 and substituted by s. 3 (1) (b) of Act 7 of 2010.]
9A . . .
[S. 9A inserted by s. 4 (1) of Act 66 of 1973, amended by s. 2 (1) of Act 102 of 1979, by s. 7 (1) of Act 106 of 1980, by s. 5 of Act 87 of 1988 and by s. 2 (1) of Act 69 of 1989 and repealed by s. 4 of Act 17 of 2009.]
10 Administration of Act
(1) The Commissioner shall be responsible for the administration of this Act.
(2) The powers conferred and the duties imposed upon the Commissioner by this Act may be exercised or performed by the Commissioner or by any SARS of cial under the control, direction or supervision of the Commissioner.
[Sub-s. (2) substituted by s. 271 of Act 28 of 2011.]
(3) Administrative requirements and procedures for purposes of the performance of any duty, power or obligation or the exercise of any right in terms of this Act are, to the extent not regulated in this Act, regulated by the Tax Administration Act.
[Sub-s. (3) added by s. 271 of Act 28 of 2011.]
11 Powers of the Commissioner
(1) The Commissioner may decline to accept any payment of duty otherwise than as a deposit on account of duty until the appropriate declarations referred to in section 14 are submitted to him.
[Sub-s. (1) substituted by s. 4 of Act 46 of 1996.]
(2) If the Commissioner is satis ed that the declaration required to be completed by any one of the parties to a transaction or by a person who has acquired property otherwise than by a transaction, cannot be obtained, he may, notwithstanding the provisions of subsection (1) of section fourteen, dispense with the production of such declaration or may accept in lieu thereof a declaration by some other person whom he considers able to furnish the particulars required to be given.
(3) (a) Where in terms of section 3 (2) a deposit on account of the duty payable by any person is made pending the determination by the Commissioner of the fair value of the property concerned, of an amount equal to the duty calculated on the consideration paid or payable in respect of the acquisition of the property or on the declared value thereof, as the case may be, and there is given to the
(15A) No duty shall be payable in respect of the acquisition of any property under an asset-for-share transaction as contemplated in section 42 of the Income tax Act, 1962 (Act 58 of 1962), where—
(a) the supplier and recipient of that property are deemed to be one and the same person in terms of section 8 (25) of the Value-Added Tax Act, 1991; and
(b) the public of cer of the company as contemplated in section 101 of the Income Tax Act, 1962, has made a sworn af davit or solemn declaration that such acquisition of property complies with the provisions of paragraph (a).
[Sub-s. (15A) inserted by s. 2 (1) (b) of Act 31 of 2005 and amended by s. 2 (1) (a) of Act 35 of 2007.]
(15B) No duty shall be payable in respect of the acquisition of property operated and managed by a person on behalf of a rental pool scheme as contemplated in section 52 (2) of the Value-Added Tax Act, 1991, where the person acquiring that property elects in writing that that property must continue to be operated and managed by that person on behalf of a rental pool scheme.
[Sub-s. (15B) inserted by s. 2 (1) (b) of Act 35 of 2007.]
(16) and (17) . . .
[Sub-ss. (16) and (17) added by s. 2 of Act 5 of 2001 and deleted by s. 2 (1) (c) of Act 31 of 2005.]
(18) No duty shall be payable where—
(a)
(b)
any old order right or OP26 right as de ned in Schedule II of the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002), wholly or partially continues in force or is wholly or partially converted into a new right pursuant to that Schedule; or any prospecting right, mining right, exploration right, production right, mining permit, retention permit or reconnaissance permit as de ned in section 1 of the Mineral and Petroleum Resources Development Act, 2002, or any reconnaissance permission contemplated in section 14 of that Act, is granted or is wholly or partially renewed in terms of that Act.
[Para. (b) substituted by s. 2 (1) of Act 16 of 2004.] [Sub-s. (18) added by s. 3 (1) (b) of Act 45 of 2003.]
(19) No duty shall be payable by a person—
(a) in respect of any transaction contemplated in Item 8 of Schedule 1 to the Share Blocks Control Act, 1980 (Act 59 of 1980), in terms of which any right to or
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TRANSFER DUTY ACT