7. Certain payments excluded from the consideration payable in respect of property
There shall for the purpose of the payment of duty be excluded from the consideration payable in respect of the acquisition of any property –
(a) transfer duty or any other duty or tax payable in respect of the acquisition of the property; and
(b) the costs or fees payable in connection with the registration of the acquisition of the property.
8. Valuation of consideration payable by way of rent, royalty, share of profits or any other periodical payment, or otherwise than in cash
Where the whole or any part of the consideration in respect of the acquisition of any property is payable by way of rent, royalty, share of profits or any other periodical payment, or otherwise than in cash, the value of the consideration so payable shall, for the purpose of the payment of the duty, be –
(a) where the consideration is in the form of rent, royalty, share of profits, or any other periodical payment –
(i) if the actual amounts of the periodical payments are fixed, the aggregate of the said amounts payable over the period (including renewal periods) for which the property has been acquired by the person liable to pay the duty or, where the property acquired is a lease or sub-lease and the said aggregate amount exceeds the fair value as determined by the Commissioner mutatis mutandis in accordance with the provisions of subsection (7) of section 5 of the property which is the subject of the lease or sub-lease, such fair value;
(ii) if the actual amounts of the periodical payments are not fixed or if the property has been acquired for an indefinite or unlimited period or for the natural life of any person, a value which the Commissioner considers fair in the circumstances;
(b) where the consideration is in the form of goods, services, rights or privileges, the current market value of such goods, services, rights or privileges at the date of the transaction or, where the market value of such goods, services, rights or privileges as at the date of the transaction is not ascertainable, a value which the Commissioner considers fair in the circumstances;
(c) where the consideration is in the form of shares in or other securities of a company, whether already registered or still to be registered, or is in the form of rights to acquire such shares or securities, the value of such shares or securities or rights thereto, which value shall –
(i) in the case of shares or securities which are quoted on any recognized stock exchange on the date of the transaction, be their middle market price on that date; or
(ii) in the case of other shares or securities or rights thereto, be a value which the Commissioner considers fair in the circumstances;
(d) where the consideration is in the form of a member’s interest in a close corporation, whether already registered or still to be registered, such value which the Commissioner considers fair in the circumstances.
[Paragraph (d) added by section 2 of Act 81 of 1985]
9. Exemptions from duty
(1) No duty shall be payable in respect of the acquisition of property by –
(a) the Government and a provincial administration;
[Paragraph (a) amended by section 3 of Act 77 of 1964, substituted by section 7 of Act 103 of 1969 and section 4 of Act 87 of 1988 and amended by section 36 of Act 9 of 1989]
(b) any “municipality” as defined in section 1 of the Income Tax Act, 1962 (Act No. 58 of 1962);
[Paragraph (b) substituted by section 3 of Act 70 of 1963, section 1 of Act 81 of 1965, section 7 of Act 103 of 1969 and section 2 of Act 95 of 1978, amended by section 3 of Act 81 of 1985 and substituted by section 5 of Act 97 of 1993 and section 1 of Act 20 of 2006]
(bA) ……….
[Paragraph (bA) inserted by section 2 of Act 89 of 1972 and deleted by section 4 of Act 126 of 1998 and section 3 of Act 30 of 2000]
(bB) any “water services provider” as defined in section 1 of the Income Tax Act, 1962 (Act No. 58 of 1962);
[Paragraph (bB) inserted by section 3 of Act 66 of 1973 and substituted by section 2 of Act 99 of 1981, section 4 of Act 136 of 1992 and section 1 of Act 20 of 2006]
(bC) ……….
[Paragraph (bC) inserted by section 3 of Act 66 of 1973, substituted by section 77 of Act 54 of 1976 and deleted by section 6 of Act 120 of 1992]
(c)
(i) a public benefit organisation contemplated in paragraph (a) of the definition of “public benefit organisation” in section 30(1) of the Income Tax Act, 1962 (Act No. 58 of 1962), that has been approved by the Commissioner in terms of section 30(3) of that Act; or
[Subparagraph (i) substituted by section 1 of Act 20 of 2006]
(ii) any institution, board or body, which is exempt from tax in terms of section 10(1)(cA)(i) of that Act, which has as its sole or principal object the carrying on of any public benefit activity contemplated in section 30 of that Act,
in respect of property acquired by such public benefit organisation, institution, board or body, the whole, or substantially the whole, of which will be used for the purposes of one or more public benefit activity carried on by such public benefit organisation, institution, board or body, as the case may be: Provided that if at any time subsequent to the acquisition thereof it is used otherwise than in the manner contemplated in this paragraph, duty shall become payable in respect of the acquisition of that property and the date upon which that property was first so otherwise used shall for the purposes of section 3(1) and section 4 be deemed to be the date of acquisition thereof;
[Paragraph (c) substituted by section 4 of Act 87 of 1988, amended by section 2 of Act 37 of 1995 and section 3 of Act 30 of 2000, substituted by section 3 of Act 30 of 2002 and amended by section 2 of Act 32 of 2004]
(d) any institution or body in respect of property acquired for the purpose of a public hospital, subject mutatis mutandis to the proviso to paragraph (c);
(e) an heir or legatee in respect of –
(i) property of the deceased acquired by ab intestato or testamentary succession or as a result of a re-distribution of the assets of a deceased estate in the process of liquidation; or
[Sub-paragraph (i) substituted by section 1 of Act 69 of 1989]
(ii) the amount by which the value of property so acquired is enhanced by the renunciation of an interest in or restriction upon the use or disposal of such property;
(f) ……….
[Paragraph (f) deleted by section 16 of Act 9 of 2006]
(g) a joint owner of property in respect of the acquisition and registration in his name of a defined portion of the property allotted to him upon partition of the property, but not in respect of any consideration payable by him in order to equalize the partition or for any other reason;
(h) a joint owner of property who acquires the sole ownership in the whole or a portion of the property, in respect of so much of the value of the property in which sole ownership is acquired as represents his share in the joint ownership of that property;
(i) a surviving or divorced spouse who acquires the sole ownership in the whole or any portion of property registered in the name of his or her deceased or divorced spouse where that property or portion is transferred to that surviving or divorced spouse as a result of the death of his or her spouse or dissolution of their marriage or union;
[Paragraph (i) substituted by section 16 of Act 9 of 2006]
(j) ……….
[Paragraph (j) added by section 3 of Act 86 of 1987 and deleted by section 3 of Act 30 of 2000]
(k) a spouse in a marriage in community of property in respect of the acquisition of an undivided half-share in property by operation of law by virtue of the contraction of such marriage, if such property had been acquired by the other spouse prior to the date of contraction of the marriage.
[Paragraph (k) added by section 1 of Act 69 of 1989]
(l) any company in terms of-
(i) an asset-for-share transaction as defined in section 42 of the Income Tax Act, 1962 (Act No. 58 of 1962);
(iA) a substitutive share-for-share transaction as defined in section 43 of the Income Tax Act, 1962 (Act No. 58 of 1962);
(iB) an amalgamation transaction as defined in section 44 of the Income Tax Act, 1962 (Act No. 58 of 1962);
(ii) an intra-group transaction as defined in section 45 of the Income Tax Act, 1962 (Act No. 58 of 1962);
(iii) a liquidation distribution as defined in section 47 of the Income Tax Act, 1962 (Act No. 58 of 1962); or
(iv) a transaction which would have constituted a transaction or distribution contemplated in subparagraphs (i) to (iii) regardless of whether that company acquired that property as a capital asset or as trading stock,
[Subparagraph (iv) substituted by section 1 of Act 20 of 2021]
where the public officer of that company has made a sworn affidavit or solemn declaration that such acquisition of property complies with the provisions of this paragraph;
[Paragraph (l) added by section 8 of Act 60 of 2001, substituted by section 4 of Act 74 of 2002 and section 3 of Act 45 of 2003, amended by section 3 of Act 17 of 2009 and section 3 of Act 7 of 2010 and substituted by section 2 of Act 31 of 2013 effective on 1 January 2013]
(m) any person in respect of the transfer of a property from a superannuation fund created and operated mainly for employees of the former TBVC and self-governing territories and other similar funds into the Government Employees’ Pension Fund.
[Paragraph (m) added by section 2 of Act 31 of 2005]
(n) any person to whom the Minister of Land Affairs has made available state land administered or controlled by him or her in terms of the Provision of Land and Assistance Act, 1993 (Act No. 126 of 1993), or section 42E of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994);
[Paragraph (n) added by section 1 of Act 60 of 2008 with effect from 31 October 2009]
(o) any person in respect of so much of the value of the property as does not exceed an amount equal to any advance or subsidy granted to that person in terms of the Provision of Land and Assistance Act, 1993 (Act No. 126 of 1993), for the purposes of that acquisition.
[Paragraph (o) added by section 1 of Act 60 of 2008 with effect from 31 October 2009]
(1A) No duty shall be payable in respect of the registration of any property transferred by any public benefit organisation contemplated in paragraph (a) of the definition of “public benefit organisation” in section 30(1) of the Income Tax Act, 1962 (Act No. 58 of 1962), that has been approved by the Commissioner in terms of section 30(3) of that Act to any other entity which is controlled by that public benefit organisation;
[Subsection (1A) inserted by section 3 of Act 30 of 2000 and substituted by section 1 of Act 20 of 2006]
(2) No duty shall be payable by a person who requires his ownership in property to be registered in his name in a deeds registry under any of the following circumstances:
(i) where there has been an error in the registration of the acquisition of the property, provided the duty payable in respect of that acquisition has been duly paid;
(ii) ……….
[Paragraph (ii) deleted by section 2 of Act 32 of 2004]
(3) No duty shall be payable in respect of the registration jointly in the names of partners of any property which is registered in the name of the partnership carried on by such partners.
(4) No duty shall be payable –
(a) in respect of a change in the registration of property required as a result of the termination of the appointment of an administrator of a trust under a will or other written instrument or of a trustee of an insolvent estate; or
(b) where trust property is transferred by the administrator of a trust in pursuance of the will or other written instrument in pursuance of which the administrator was appointed –
(i) to the persons entitled thereto under such will; or
(ii) to a relative as contemplated in the definition of “relative” in section 1 of the Estate Duty Act, 1955 (Act No. 45 of 1955), where the trust was founded in terms of such other written instrument by a natural person for the benefit of such relative: Provided that no consideration is paid directly or indirectly by such relative in respect of the acquisition of such trust property; or
[Paragraph (b) substituted by section 4 of Act 87 of 1988]
(c) where property is restored by a trustee of an insolvent estate to the insolvent; or
(d) in respect of the registration of trust property in the name of a trustee in his capacity as trustee if such trust property is held by such trustee as trust property at the date of commencement of the Trust Property Control Act, 1988, and such registration is required in terms of section 11 (2) of the said Act.
[Paragraph (d) deleted by section 3 of Act 31 of 1953 and added by section 4 of Act 87 of 1988]
(5) ……….
[Subsection (5) amended by section 12 of Act 80 of 1959, section 3 of Act 77 of 1964, section 7 of Act 103 of 1969 and section 4 of Act 87 of 1988 and deleted by section 4 of Act 136 of 1992]
(6)
(a) No duty shall be payable by a person who, as surety for the payment of the consideration payable under a transaction, pays the consideration and seeks transfer of the property in question into his own name, provided –
(i) the duty has been paid in respect of the acquisition of the property under the transaction; and
(ii) no further consideration is payable by the surety to either party to the transaction.
(b) If further consideration is payable by a surety referred to in paragraph (a) to either party to the transaction, duty shall be payable by him on the value of that further consideration.
(7) No duty shall be payable in respect of the acquisition of property by way of a transaction, if the transaction –
(a) is declared void by a competent court;
(b) in terms of which the property is acquired from a person whose estate is sequestrated subsequent to the date of the transaction, becomes void by reason of the sequestration;
(c) in terms of which property is acquired by a person whose estate is sequestrated prior to the registration of the acquisition by him of the property, is abandoned by the trustee of his insolvent estate;
(d) is a transaction whereby portions of adjoining properties which are being worked or about to be worked for minerals and are held under claim licence, mynpacht or other mining title, are exchanged, provided the Government Mining Engineer issues a certificate stating that the exchange is made solely and bona fide for mining purposes and is necessary or instrumental to proper or more economic working: Provided that if any additional consideration is payable by either party to the exchange, duty shall be payable on the value of the additional consideration.
(8) No duty shall be payable in respect of the acquisition on or after the sixteenth day of March, 1964, of property by any company (hereinafter referred to as the subsidiary company) which has been incorporated, and is managed and controlled, in the Republic from any other company (hereinafter referred to as the foreign company) which has been incorporated, and is managed and controlled, outside the Republic if it is proved to the satisfaction of the Commissioner –
(a) that at the time of such acquisition all the issued shares of the subsidiary company were held for its own benefit by the foreign company or a company which was incorporated, managed and controlled outside the Republic and was controlled by or controlled the foreign company; and
(b) that the subsidiary company has under an arrangement with the foreign company acquired from the foreign company all the assets, including the said property, relating to any industrial or commercial or other business undertaking of the foreign company in the Republic.
[Subsection (8) added by section 3 of Act 77 of 1964 and substituted by section 1 of Act 81 of 1965 and section 5 of Act 88 of 1974]
(9) If any property has by expropriation or compulsory sale under any law been acquired by the State (including the South African Transport Services and a provincial administration) or any rural council, municipal council, town council, village council, town board, local board, village management board, health committee or any district council or any board, body or institution of a public character established by law, and such property is, upon the cancellation or variation on or after 1 January 1964, of such expropriation or sale, re-acquired by the person from whom such property was expropriated or by whom such property was sold under such sale, no duty shall be payable in respect of such re-acquisition.
[Subsection (9) added by section 1 of Act 81 of 1965 and substituted by section 7 of Act 103 of 1969, section 4 of Act 87 of 1988 and section 5 of Act 97 of 1993]
(10) ……….
[Subsection (10) added by section 7 of Act 103 of 1969 and deleted by section 4 of Act 87 of 1988]
(11) ……….
[Subsection (11) added by section 2 of Act 95 of 1978, amended by section 4 of Act 87 of 1988 and deleted by section 3 of Act 30 of 2002]
(12) ……….
[Subsection (12) added by section 6 of Act 106 of 1980, amended by section 4 of Act 87 of 1988 and deleted by section 3 of Act 30 of 2002]
(13) ……….
[Subsection (13) added by section 2 of Act 118 of 1984, substituted by section 4 of Act 136 of 1992 and deleted by section 3 of Act 30 of 2000]
(14) ……….
[Subsection (14) added by section 1 of Act 69 of 1989 and deleted by section 3 of Act 30 of 2000]
(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, certifies 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 certificate to the effect that the requirements of this subsection for the granting of the exemption have been met.
[Subsection (15) added by section 79 of Act 89 of 1991]
(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 No. 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 officer of the company as contemplated in section 101 of the Income Tax Act, 1962, has made a sworn affidavit or solemn declaration that such acquisition of property complies with the provisions of paragraph (a).
[Subsection (15A) inserted by section 2 of Act 31 of 2005 and amended by section 2 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.
[Subsection (15B) inserted by section 2 of Act 35 of 2007]
(16) ……….
[Subsection (16) added by section 2 of Act 5 of 2001 and deleted by section 2 of Act 31 of 2005]
(17) ……….
[Subsection (17) added by section 2 of Act 5 of 2001 and deleted by section 2 of Act 31 of 2005]
(18) No duty shall be payable where-
(a) any old order right or OP26 right as defined in Schedule II of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), wholly or partially continues in force or is wholly or partially converted into a new right pursuant to that Schedule; or
(b) any prospecting right, mining right, exploration right, production right, mining permit, retention permit or reconnaissance permit as defined 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.
[Paragraph (b) substituted by section 2 of Act 16 of 2004]
[Subsection (18) inserted by section 3 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 No. 59 of 1980), in terms of which any right to or 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 defined 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 defined in section 1 of the Share Blocks Control Act, 1980 (Act No. 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.
[Subsection (19) inserted by section 3 of Act 45 of 2003 and substituted by section 1 of Act 22 of 2012 effective on 1 January 2013]
(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 No. 58 of 1962), where that acquisition takes place as a result of a transfer or disposal contemplated in either of those paragraphs.
[Subsection (20) added by section 3 of Act 17 of 2009 and substituted by section 3 of Act 7 of 2010 effective on 1 October 2010]
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 official under the control, direction or supervision of the Commissioner.
[Subsection (2) substituted by section 271 of Act 28 of 2011 effective on 1 October 2012]
(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.
[Subsection (3) substituted by section 271 of Act 28 of 2011 effective on 1 October 2012]
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.
[Subsection (1) substituted by section 4 of Act 46 of 1996]
(2) If the Commissioner is satisfied 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 way of a transaction, cannot be obtained, he may, notwithstanding the provisions of subsection (1) of section 14, 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 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 certificate that such deposit has been made and that such security has been given.
[Paragraph (a) substituted by section 271 of Act 28 of 2011 effective on 1 October 2012]
(b) No fee shall be payable in respect of a certificate issued under paragraph (a).
12. Registration of acquisition of property prohibited where duty not paid
(1) No registration officer 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 No. 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.
[Paragraph (b) substituted by section 1 of Act 70 of 1975 and section 4 of Act 86 of 1987]
[Subsection (1) substituted by section 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 officer a certificate issued in terms of section 11(3)(a) or 9(15)(c).
[Subsection (2) substituted by section 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 officer to the Commissioner.
[Subsection (3) substituted by section 2 of Act 72 of 1970]
[Section 12 substituted by section 8 of Act 103 of 1969]
13. Commissioner to recover amount of duty underpaid
(1) Whenever the Commissioner is satisfied that the duty payable under this Act in respect of the acquisition 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.
[Subsection (1) substituted by section 3 of Act 31 of 2005 and substituted by section 271 of Act 28 of 2011 effective on 1 October 2012]
(2) ……….
[Subsection (2) deleted by section 271 of Act 28 of 2011 effective on 1 October 2012]
(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 five 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.
[Subsection (3) added by section 3 of Act 31 of 2005]
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.
[Subsection (1) substituted by section 6 of Act 88 of 1974, section 1 of Act 34 of 2004, section 1 of Act 36 of 2007, section 13 of Act 8 of 2010 effective on 1 January 2011 and section 271 of Act 28 of 2011 effective on 1 October 2012]
(1A) ……….
[Subsection (1A) inserted by section 6 of Act 88 of 1974, substituted by section 1 of Act 36 of 2007 and deleted by section 13 of Act 8 of 2010 effective on 1 January 2011]
(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 No. 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 definition 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.
[Subsection (3) added by section 1 of Act 34 of 2004 and substituted by section 13 of Act 8 of 2010 effective on 1 January 2011]
15. Records of certain sales of property to be kept
(1) In addition to the requirements upon a taxpayer contained in sections 29, 30, 32 and 33 of the Tax Administration Act, every auctioneer or other person who has effected a sale of property on behalf of some other person shall, for a period of five years from the date on which the sale was effected, keep a record of the sale including a description of the property sold, the person by whom and the person to whom the property has been sold and the price paid for the property.
[Subsection (1) substituted by section 271 of Act 28 of 2011 effective on 1 October 2012]
(2) ……….
[Subsection (2) deleted by section 271 of Act 28 of 2011 effective on 1 October 2012]
(3) ……….
[Subsection (3) amended by section 4 of Act 77 of 1964, substituted by section 5 of Act 30 of 2000 and deleted by section 271 of Act 28 of 2011 effective on 1 October 2012]
16. Persons who acquire property on behalf of others shall disclose names of their principals
(1) Where property is sold to a person who is acting as an agent for some other person, the person so acting as agent shall disclose to the seller or his or her agent the name and address of the principal for whom he or she acts, and furnish the seller or his or her agent with a copy of the documents appointing him or her as agent-
(i) if the sale is by auction, on the day of acceptance by the auctioneer of his or her offer; or
(ii) if the sale is otherwise than by auction, on the day of conclusion of the agreement of sale.
[Subsection (1) substituted by section 6 of Act 45 of 2003]
(2) Any person who has been appointed as an agent, but fails to furnish the documents contemplated in subsection (1) and the name of the person on whose behalf he or she is acting to the seller or his or her agent on the date specified in subsection (1) shall, for the purpose of the payment of the duty payable in respect of the acquisition of the property in question, be presumed, unless the contrary is proved, to have acquired the property for himself or herself.
[Subsection (2) substituted by section 6 of Act 45 of 2003 and section 2 of Act 34 of 2004]
17. ……….
[Section 17 amended by section 5 of Act 77 of 1964, section 6 of Act 46 of 1996 and section 3 of Act 34 of 2004 and repealed by section 271 of Act 28 of 2011 effective on 1 October 2012]
18. ………..
[Section 18 amended by section 3 of Act 27 of 1997, substituted by section 10 of Act 60 of 2001, amended by section 8 of Act 45 of 2003 and repealed by section 271 of Act 28 of 2011 effective on 1 October2012 ]
19. ……….
[Section 19 amended by section 4 of Act 27 of 1997 and repealed by section 11 of Act 60 of 2001]
20. …………
[Section 20 substituted by section 11 of Act 30 of 1998 and section 4 of Act 31 of 2005 2003 and repealed by section 271 of Act 28 of 2011 effective on 1 October 2012]
20A. …………
[Section 20A inserted by section 12 of Act 30 of 1998, substituted by section 5 of Act 34 of 2004 and repealed by section 271 of Act 28 of 2011 effective on 1 October 2012]