“South African Revenue Service” means the South African Revenue Service established by section 2 of the South African Revenue Service Act, 1997;
[Definition of “South African Revenue Service” inserted by section 34 of Act 34 of 1997]
Author: admin_kmos
“Spouse” definition of section 1 of Transfer Duty Act
“spouse” in relation to any person, means the partner of such person-
(a) in a marriage or customary union recognised in terms of the laws of the Republic;
(b) in a union recognised as a marriage in accordance with the tenets of any religion; or
(c) in a same-sex or heterosexual union which the Commissioner is satisfied is intended to be permanent:
Provided that a marriage or union contemplated in paragraph (b) or (c) shall, in the absence of proof to the contrary, be deemed to be a marriage or union without community of property.
[Definition of “spouse” inserted by section 1 of Act 5 of 2001]
“Tax Administration Act” definition of section 1 of Transfer Duty Act
“Tax Administration Act” means the Tax Administration Act, 2011;
[Definition of “Tax Administration Act” inserted by section 271 of Act 28 of 2011 effective on 1 October 2012]
“Transaction” definition of section 1 of Transfer Duty Act
“transaction” means –
(a) in relation to paragraphs (a) and (c) of the definition of “property”, an agreement whereby one party thereto agrees to sell, grant, waive, donate, cede, exchange, lease or otherwise dispose of property to another person or any act whereby any person renounces any right in or restriction in his or her favour upon the use or disposal of property; or
[Paragraph (a) substituted by section 1 of Act 24 of 2011]
(b) in relation to any shares or member’s interest contemplated in paragraph (d) or (e) of the definition of “property”, an agreement whereby one party thereto agrees to sell, grant, waive, donate, cede, exchange, issue, buy-back, convert, vary, cancel or otherwise dispose of any such shares or member’s interest to another person or any act whereby any person renounces any right in or restriction in his or her favour upon the use or disposal of any such shares or member’s interest; or
(c) in relation to a discretionary trust, the substitution or addition of one or more beneficiaries with a contingent right to any property of that trust, which constitutes residential property or shares or member’s interest contemplated in paragraph (d) or (e) of the definition of “property” or a contingent right contemplated in paragraph (f) of that definition;
[Definition of “transaction” substituted by section 2 of Act 74 of 2002]
“Trust” definition of section 1 of Transfer Duty Act
“trust” means any trust consisting of cash or other assets which are administered and controlled by a person acting in a fiduciary capacity, where such person is appointed under a deed of trust or by agreement or under the will of a deceased person.
[Definition of “trust” added by section 8 of Act 37 of 1996]
[Section 1 renumbered to subsection 1(1) by section 271 of Act 28 of 2011 effective on 1 October 2012]
(2) Unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Tax Administration Act bears that meaning for purposes of this Act.
[Subsection (2) inserted by section 271 of Act 28 of 2011 effective on 1 October 2012]
Transfer Duty Act Citation
Reproduced under Goverment Printer’s Authorisation (Authorisation No. 11817) dated 30 August 2019.
Please remember to periodically “Check for Updates”!
TRANSFER DUTY ACT 40 OF 1949
(Afrikaans text signed by the Governor-General)
[Assented To: 23 June 1949]
[Commencement Date: 1 January 1950]
as amended by:
Rates and Monetary Amounts and Amendment of Revenue Laws Act 13 of 2015
Tax Administration Laws Amendment Act 25 of 2015
Rates and Monetary Amounts and Amendment of Revenue Laws Act 13 of 2016
Taxation Laws Amendment Act 15 of 2016
Rates and Monetary Amounts and Amendment of Revenue Laws Act 14 of 2017
Rates and Monetary Amounts and Amendment of Revenue Laws Act 22 of 2020
Tax Administration Laws Amendment Act 16 of 2022
Rates and Monetary Amounts and Amendment of Revenue Laws Act 19 of 2023
Latest 2026 Live Updates: COMPLETED!
Rates and Monetary Amounts and Amendment of Revenue Laws Act 3 of 2026
To report an issue, please contact us at service@hApp-e-tax.co.za
ACT
To consolidate and amend the laws relating to transfer duty.
Section 6 (Transfer Duty Act) – Certain payments to be added to the consideration payable in respect of property
6. Certain payments to be added to the consideration payable in respect of property
(1) There shall for the purpose of the payment of duty be added to the consideration payable in respect of the acquisition of any property –
(a) any commission or fees paid or payable in respect of the property by the person who acquired the property: Provided that where the property is acquired by way of a sale in execution, the amount to be added to the consideration in terms of this paragraph shall be so much of any commission or fees paid or payable by the person who acquired the property, as exceeds five per cent of the consideration payable in respect of the property;
[Paragraph (a) substituted by section 8 of Act 30 of 1998]
(b) if property has been acquired by the exercise of an option to purchase or a right of pre-emption, any consideration paid or payable by the person who has acquired the property to any person in respect of the said option or right of pre-emption;
(c) any consideration which the person who has acquired property has paid or agreed to pay to any person whatsoever in respect of or in connection with the acquisition of the property, over and above the consideration payable to the person from whom the property was acquired, other than any rent payable under a lease or sub-lease by the cessionary thereof.
(2) Where the whole or any part of any commission, fees or consideration referred to in subsection (1) is payable by way of rent, royalty, share of profits or any other periodical payment, or otherwise than in cash, the value thereof shall, for the purpose of the payment of duty, be determined mutatis mutandis in accordance with the provisions of section 8: Provided that the value of any such consideration referred to in paragraph (b) of subsection (1) shall be so determined as at the date upon which the option or right of pre-emption was acquired by the person who exercised the option or right of pre-emption.
“Commissioner” definition of section 1 of Estate Duty Act
“Commissioner” means the Commissioner for the South African Revenue Service appointed in terms of section 6 of the South African Revenue Service Act, 1997 (Act No. 34 of 1997), or the Acting Commissioner designated in terms of section 7 of that Act;
[Definition of “Commissioner” deleted by section 7 of Act 77 of 1964, inserted by section 9 of Act 106 of 1980, substituted by section 34 of Act 34 of 1997 and section 271 of Act 28 of 2011 effective on 1 October 2012]
“Domestic policy” definition of section 1 of Estate Duty Act
“domestic policy” means any life policy as defined in section 1 of the Long-term Insurance Act, 1998 (Act No. 52 of 1998), issued anywhere upon an application made or presented to a representative of an insurer (or to any person on behalf of such a representative) at any place in the Republic, excluding a life policy which has been made payable at a place outside the Republic at the request of the owner, but including any life policy issued outside the Republic which has subsequently been made payable in the Republic at the request of the owner;
[Definition of “domestic policy” inserted by section 6 of Act 30 of 2000]
“Duty” definition of section 1 of Estate Duty Act
“duty” means estate duty payable under this Act;
[Definition of “duty” amended by section 1 of Act 65 of 1960 and substituted by section 3 of Act 92 of 1971]