“Republic” means the territory of the Republic of South Africa and includes the territorial waters, the contiguous zone and the continental shelf referred to respectively in sections 4, 5 and 8 of the Maritime Zones Act, 1994 (Act No. 15 of 1994);
[Definition of “Republic” inserted by section 5 of Act 103 of 1969, deleted by section 2 of Act 87 of 1988 and inserted by section 1 of Act 5 of 2001]
“residential property” means an dwelling-house, holiday home, apartment or similar abode, improved or unimproved land zoned for residential use in the Republic (including any real right thereto), other than –
(a) an apartment complex, hotel, guesthouse or similar structure consisting of five or more units held by a person which has been used for renting to five or more persons, who are not connected persons, as defined in the Income Tax Act, 1962 (Act No. 58 of 1962), in relation to that person; or
(b) any “fixed property” of a “vendor” forming part of an “enterprise” all as defined in section 1 of the Value-Added Tax Act, 1991 (Act No. 89 of 1991);
[Definition of “residential property” inserted by section 2 of Act 74 of 2002]
“residential property company” means any company, other than a REIT as defined in section 1 of the Income Tax Act, 1962 (Act No. 58 of 1962), that holds property that constitutes-
[Words preceding paragraph (a) substituted by section 1 of Act 31 of 2013 effective on 12 December 2013]
(a) residential property; or
(b) a contingent right contemplated in paragraph (f) of the definition of “property”,
and where the fair value of that property or contingent right comprises more than 50 per cent of the aggregate fair market value of all the assets, as defined in paragraph 1 of the Eighth Schedule to the Income Tax Act, 1962, (other than financial instruments as defined in section 1 of that Act or any coin made mainly from gold or platinum), held by that company on the date of acquisition of an interest in that company;
[Definition of “residential property company” inserted by section 2 of Act 74 of 2002]
“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]
“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” 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” 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” 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]
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.