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Securities Transfer Tax Administration Act, 2007 (Act No.26 of 2007)

Chapter 1 : Administration and Interpretation

3. Payments

 

(1) The tax referred to in—
(a) section 3 or 4 of the Securities Transfer Tax Act, 2007, which becomes payable during any month in respect of any transfer, must be paid by the member or participant to the Commissioner by the 14th day of the following month;
(b) section 5 of the Securities Transfer Tax Act, 2007, which becomes payable during a month in respect of any transfer, must be paid by the member or participant holding that security in custody or, in the case where the listed security is not held in custody by either a member or participant, through the company that issued the listed security to the Commissioner by the 14th day of the following month; and

[Paragraph (1)(b) substituted by section 49(1)(a) of Act No. 61 of 2008]

(c) section 6 of the Securities Transfer Tax Act, 2007 (Act No. 25 of 2007), which becomes payable during a month in respect of any transfer of an unlisted security, must be paid by the company which issued that security to the Commissioner within two months from the end of that month.

[Paragraph (1)(c) substituted by section 27 of Act No. 4 of 2008]

 

(2) Any person who has the obligation in terms of section 3 of the Securities Transfer Tax Act, 2007, to pay the tax must by the date referred to in subsection (1)(a) and (b) submit a declaration electronically, in the form and manner as the Commissioner may determine and containing the information prescribed by the Commissioner, stating the amount of tax (if any) payable by that person.

[Subsection (2) substituted by section 49(1)(b) of Act No. 61 of 2008]

 

(3) The Commissioner may, if he or she deems it necessary, declare the person to whom a security was transferred liable for the tax payable in terms of section 3, 4, 5 or 6 of the Securities Transfer Tax Act, 2007.

 

(4) [Subsection (4) deleted by section 271 (Item 173 of Schedule 1) of Act No. 28 of 2011]

 

(5) The payment of any tax, interest or penalty in respect of the transfer of a security must be made by way of an electronic payment.