(1)
| (a) |
Every instrument chargeable with duty which is executed within the Republic shall, save as is otherwise specially provided in this Act, be stamped before or at the time of the execution thereof, and if an instrument is executed by two or more persons, the time of execution shall be deemed to be the time of the signature of the person by whom it is last signed. |
| (b) |
Any such instrument not stamped before or at the time of execution may, except as is otherwise specifically provided in this Act, be stamped within 30 days thereafter by or in the presence of the person liable under this Act to stamp the instrument, or any party thereto. |
| (c) |
[deleted by the Revenue Laws Amendment Act, 2007 (Act No. 35 of 2007)] |
| (d) |
[deleted by the Revenue Laws Amendment Act, 2007 (Act No. 35 of 2007)]. |
| (e) |
Where any instrument which makes provision for the payment of rental or any "other consideration" as contemplated in section 22(6), which cannot be quantified at the time of execution of that instrument, it must be stamped annually by a lessor within six months after the end of— |
| (i) |
any year of assessment, as defined in section 1 of the Income Tax Act, 1962 (Act No. 58 of 1962), of any lessor who is a taxpayer, as defined in section 1 of the Income Tax Act, 1962; or |
| (ii) |
the twelve months ending on the last day of February each year in the case of any other lessor, |
during which that consideration became quantifiable.
| (2) |
Every instrument chargeable with duty, which is executed outside the Republic must, save as is otherwise specifically specially provided in this Act, within 30 days after the date on which it is first received in the Republic, be stamped by the person so receiving it, and it is the duty of that person to note thereon the date of receipt and sign that note. |
| (3) |
If any person is in doubt as to whether he or she is liable to stamp any instrument, or as to the extent of his or her liability, and he or she has within 30 days after the date of execution of that instrument, or if that instrument was executed outside the Republic, after the date that instrument was first received in the Republic, lodged it with an authorised revenue officer for submission to the Commissioner for his or her decision as to whether that liability exists or as to the extent of that liability, the date on which the decision of the Commissioner is communicated to the person who lodged that instrument as aforesaid, must for the purposes of this Act be deemed to be the date of execution of the instrument or the date on which that instrument was first received in the Republic, as the case may be. |
Intellectual Property Rights from Publicly Financed Research and
