Page 224 - Juta's Indirect Tax

s 11 TRANSFER DUTY ACT 40 OF 1949 s 14
Commissioner security to his or her satisfaction for the payment of any balance of transfer duty which may still be payable, the Commissioner may in his or her discretion issue to the person liable to pay the duty a certi cate that such deposit has been made and that such security has been given.
[Para. (a) substituted by s. 271 of Act 28 of 2011.]
(b) No fee shall be payable in respect of a certi cate
issued under paragraph (a). 11A . . .
[S. 11A inserted by s. 5 of Act 46 of 1996, amended by s. 9 of Act 30 of 1998, by s. 9 of Act 60 of 2001 and by s. 4 of Act 45 of 2003 and repealed by s. 271 of Act 28 of 2011.]
11B and 11C . . .
[Ss. 11B and 11C inserted by s. 5 of Act 46 of 1996 and
repealed by s. 271 of Act 28 of 2011.]
11D . . .
[S. 11D inserted by s. 5 of Act 46 of 1996, amended by s. 4 (a), (b) and (c) of Act 30 of 2000 and repealed by s. 271 of Act 28 of 2011.]
11E . . .
[S. 11E inserted by s. 5 of Act 46 of 1996, amended by s. 10 (a) and (b) of Act 30 of 1998 and repealed by s. 271 of Act 28 of 2011.]
12 Registration of acquisition of property prohibited where duty not paid
(1) No registration of cer shall make any record in his deeds registry of an acquisition of property unless there has been produced to him proof, other than a receipt for a deposit on account of duty—
(a) that any duty payable under this Act or any other law has been paid in respect of the acquisition in question; and
(b) where the property is to be transferred from the registered owner direct to a person who acquired the property from an intermediary contemplated in the Alienation of Land Act, 1981 (Act 68 of 1981), that any duty payable under this Act or any other law has been paid in respect of the acquisition of the property by the intermediary who acquired the property from the registered owner, and in respect of each subsequent acquisition of the property by any person who is also an intermediary as contemplated in the said Act.
[Para. (b) substituted by s. 1 (1) of Act 70 of 1975 and by s. 4 of Act 86 of 1987.]
[Sub-s. (1) substituted by s. 2 of Act 92 of 1971.]
(2) The provisions of subsection (1) shall not apply with reference to an acquisition of property in respect of which there is lodged with the registration of cer a certi cate issued in terms of section 11 (3) (a) or 9 (15) (c).
[Sub-s. (2) substituted by s. 80 of Act 89 of 1991.]
(3) Any dispute as to any person’s right to exemption from the payment of duty shall be referred by the registration of cer to the Commissioner.
[Sub-s. (3) substituted by s. 2 of Act 72 of 1970.] [S. 12 substituted by s. 8 of Act 103 of 1969.]
13 Commissioner to recover amount of duty underpaid
(1) Whenever the Commissioner is satis ed that the duty payable under this Act in respect of the acquisition
216
of any property or the renunciation of any interest in or restriction upon the use or disposal of any property has not been paid in full, the Commissioner shall, notwithstanding that the acquisition has already been registered in a deeds registry, recover the difference between the amount of the duty payable and the amount paid in accordance with Chapter 11 of the Tax Administration Act.
[Sub-s. (1) substituted by s. 3 (a) of Act 31 of 2005 and by s. 271 of Act 28 of 2011.]
(2) . . .
[Sub-s. (2) deleted by s. 271 of Act 28 of 2011.]
(3) The Commissioner may not recover any amount of duty not fully paid by any person as contemplated in subsection (1) after the expiration of a period of ve years reckoned from the date on which that amount became payable in terms of this Act, if it is shown that— (a) the failure to pay that amount was not due to an
intent of that person or any other person acting on behalf of that person not to make payment of duty; and
(b) that person or other person acted in good faith and on an assumption that the transaction was not subject to duty under this Act which assumption was based on reasonable grounds and not due to negligence on the part of that person or other person.
[Sub-s. (3) added by s. 3 (b) of Act 31 of 2005.] 13A to 13C inclusive ...
[Ss. 13A to 13C inclusive inserted by s. 5 of Act 45 of 2003 and repealed by s. 271 of Act 28 of 2011.]
14 Declarations to be furnished to Commissioner
(1) A return appropriate to the manner of the acquisition of property in any particular case shall be submitted by the parties to the transaction whereby the property has been acquired and, if the Commissioner so directs, also by the agent, auctioneer, broker or other person who acted for or on behalf of either party to the transaction or, if the property has been acquired otherwise than by way of a transaction, by the person who acquired the property.
[Sub-s. (1) substituted by s. 6 (1) (a) of Act 88 of 1974, by s. 1 (a) of Act 34 of 2004, by s. 1 (a) of Act 36 of 2007, by s. 13 (1) (a) of Act 8 of 2010 and by s. 271 of Act 28 of 2011.]
(1A) . . .
[Sub-s. (1A) inserted by s. 6 (1) (b) of Act 88 of 1974, substituted by s. 1 (b) of Act 36 of 2007 and deleted by s. 13 (1) (b) of Act 8 of 2010.]
(2) Where no suitable form of declaration has been prescribed by the Commissioner for any particular kind of acquisition of property, he may require from any person concerned in the acquisition a declaration setting forth the material facts of the case and containing such other information as he may consider necessary.
(3) An estate agent as contemplated in section 1 of the Estate Agency Affairs Act, 1976 (Act 112 of 1976), who is entitled to any remuneration or other payment in respect of services rendered in connection with a transaction in terms of which a person acquired property contemplated in paragraphs (d), (e) or (f) of the de nition of ‘property’, must within six months of the date of acquisition of that property submit details of that transaction to the Commissioner in a form and in such manner as prescribed by the Commissioner.
[Sub-s. (3) added by s. 1 (b) of Act 34 of 2004 and substituted by s. 13 (1) (c) of Act 8 of 2010.]
Juta’s IndIrect tax 2016