“mining asset” means any building, shaft, excavation, borehole, structure, fixture or other improvement or work used or intended to be used for purposes of mining, or purposes incidental thereto, including the accommodation of mine personnel, but does not include any building or structure on land in a proclaimed township;

[Definition of “mining asset” inserted by section 11 of Act 80 of 1959]

“person” includes the estate of a deceased or insolvent person and any trust;

[Definition of “person” inserted by section 8 of Act 37 of 1996]

“property” means land in the Republic and any fixtures thereon, and includes –

(a)     any real right in land but excluding any right under a mortgage bond or a lease of property other than a lease referred to in paragraph (c);

[Paragraph (a) substituted by section 1 of Act 24 of 2011]

(b)     ……….

[Paragraph (b) deleted by section 1 of Act 24 of 2011]

(c)     any right to minerals (including any right to mine for minerals) and a lease or sub-lease of such a right;

(d)     a share (other than a share contemplated in paragraph (g)) or member’s interest in a residential property company;

[Paragraph (d) substituted by section 1 of Act 17 of 2009]

(e)     a share (other than a share contemplated in paragraph (g)) or member’s interest in a company which is a holding company (as defined in the Close Corporations Act, 1984 (Act 69 of 1984), or as defined in the Companies Act, 2008 (Act 71 of 2008), as the case may be), if that company and all of its subsidiary companies (as defined in the Close Corporations Act, 1984, or Companies Act, 2008), would be a residential property company if all such companies were regarded as a single entity;

[Paragraph (e) added by section 2(1)(b) of Act 74 of 2002 and substituted by section 1(1)(d) of Act 17 of 2009 and by section 1 of Act 16 of 2022]

(f)     a contingent right to any residential property or share or member’s interest, contemplated in paragraph (d) or (e), held by a discretionary trust (other than a special trust as defined in section 1 of the Income Tax Act, 1962 (Act No. 58 of 1962)), the acquisition of which is –

(i)      a consequence of or attendant upon the conclusion of any agreement for consideration with regard to property held by that trust;

(ii)     accompanied by the substitution or variation of that trust’s loan creditors, or by the substitution or addition of any mortgage bond or mortgage bond creditor; or

(iii)    accompanied by the change of any trustee of that trust and;

[Paragraph (f) amended by section 1 of Act 7 of 2010 effective on 1 September 2009]

(g)     a share in a share block company as defined in the Share Blocks Control Act, 1980 (Act No. 59 of 1980);

[Paragraph (g) added by section 1 of Act 17 of 2009]

[Definition of “property” amended by section 1 of Act 5 of 2001 and section 2 of Act 74 of 2002]

“registration officer” means the person who is in charge of a deeds registry;

“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]