“Prescribed rate” definition of section 1 of STT Act

“prescribed rate”, in relation to any interest payable in terms of the Securities Transfer Tax Administration Act, 2007, means such rate as the Minister may fix from time to time by notice in the Gazette in terms of section 80(1)(b) of the Public Finance Management Act, 1999 (Act No. 1 of 1999): Provided that where the Minister fixes a new rate in terms of that Act, that new rate applies for the purposes of the Securities Transfer Tax Administration Act, 2007, from the first day of the second month following the date on which that new rate came into operation;

“Security” definition of section 1 of STT Act

“security” means –

(a)     any share or depository receipt in a company; or

[Paragraph (a) amended by section 145 of Act 24 of 2011 effective on 1 April 2012]

(b)     any member’s interest in a close corporation,

[Paragraph (b) amended by section 145 of Act 24 of 2011 effective on 1 April 2012]

(c)     ……….

[Paragraph (c) deleted by section 145 of Act 24 of 2011 effective on 1 April 2012]

excluding the debt portion in respect of a share linked to a debenture;

“Transfer” definition of section 1 of STT Act

“transfer” includes the transfer, sale, assignment or cession, or disposal in any other manner, of a security or the cancellation or redemption of that security, but does not include –

(a)     any event that does not result in a change in beneficial ownership;

(b)     any issue of a security; or

(c)     a cancellation or redemption of a security if the company which issued the security is being wound up, liquidated or deregistered or its corporate existence is being finally terminated;

Securities Transfer Tax Act Citation

Reproduced under Goverment Printer’s Authorisation (Authorisation No. 11817) dated 30 August 2019.

Please remember to periodically “Check for Updates”!

SECURITIES TRANSFER TAX ACT 25 OF 2007

(English text signed by the President)

[Assented to: 21 December 2007]

[Commencement date: 1 July 2008]

as amended by:

Taxation Laws Amendment Act 3 of 2008

Revenue Laws Amendment Act 60 of 2008

Taxation Laws Amendment Act 17 of 2009

Taxation Laws Second Amendment Act 18 of 2009

Taxation Laws Amendment Act 7 of 2010

Taxation Laws Amendment Act 24 of 2011

Taxation Laws Amendment Act 22 of 2012

Taxation Laws Amendment Act 31 of 2013

Tax Administration Laws Amendment Act 39 of 2013

Taxation Laws Amendment Act 43 of 2014

Taxation Laws Amendment Act 25 of 2015

Taxation Laws Amendment Act 15 of 2016

Taxation Laws Amendment Act 17 of 2017

Taxation Laws Amendment Act 23 of 2020

Taxation Laws Amendment Act 20 of 2021

To report an issue, please contact us at service@hApp-e-tax.co.za

ACT

To provide for the levying of a securities transfer tax in respect of every transfer of any security; and to provide for matters connected therewith.

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-