Statistics Act, 1999
R 385
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Transfer Duty Act, 1949 (Act No. 40 of 1949) 3. By whom, when and to whom duty payable |
| (1) | The duty shall within six months of the date of acquisition be payable by the person who has acquired the property or in whose favour or for whose benefit any interest in or restriction upon the use or disposal of property has been renounced. |
| (1A) | Where a person who acquires any property contemplated in paragraph (d), (e) or (g) of the definition of "property" fails to pay the duty within the period contemplated in subsection (1), the public officer of that company and the person from whom the shares or member's interest are acquired shall be jointly and severally liable for such duty: Provided that the public officer or person from whom the shares or member's interest was acquired, may recover any amount of duty paid in terms of this subsection in accordance with section 160 of the Tax Administration Act. |
[Section 3(1A) substituted by section 271 of Act No. 28 of 2011]
| (1B) | Where a person who acquires any property contemplated in paragraph (f) of the definition of "property" fails to pay the duty within the period contemplated in subsection (1), the trust and representative taxpayer of that trust shall be jointly and severally liable for such duty: Provided that the trust or representative taxpayer may recover any amount of duty paid in terms of this subsection by the trust or representative taxpayer, as the case may be, in accordance with section 160 of the Tax Administration Act. |
[Section 3(1B) substituted by section 271 of Act No. 28 of 2011]
| (2) | Pending the completion of the declarations referred to in section 14, or the determination of the amount of duty payable under this Act, a deposit on account of the duty payable must be made by way of an electronic payment. |
[Section 3(2) substituted by section 12(1)(a) of Act No. 8 of 2010]
| (3) | [Section 3(3) deleted by section 271 of Act No. 28 of 2011] |
| (4) | Where, in addition to any amount of duty which is payable by any person in terms of this Act, an amount of penalty is payable by him in terms of the provisions of this Act, any payment made by that person on or after 1 April 1994 in respect of such duty or penalty which is less than the total amount due by him in respect of such duty and penalty shall for the purposes of this Act be deemed to be made— |
| (a) | in respect of such penalty; and |
| (b) | to the extent that such payment exceeds the amount of such penalty, in respect of such duty. |
[Section 3(4) inserted by section 4 of Act No. 97 of 1993]
| (5) | Any agreement concluded prior to 1 April 1994 between the Commissioner and the person liable for the payment of any duty or penalty which provides for the allocation of any payment to be made on or after that date otherwise than in accordance with the provisions of subsection (4) shall, in so far as it provides for such allocation, cease to have effect. |
[Section 3(5) inserted by section 4 of Act No. 97 of 1993]
