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STAMP DUTIES ACTNO. 77 OF 1968

[ASSENTED TO 20 JUNE, 1968][DATE OF COMMENCEMENT: 1 OCTOBER, 1968](Afrikaans text signed by the State President)

as amended by

Revenue Laws Amendment Act, No. 103 of 1969


















Transfer of Powers and Duties of the State President Act, No. 97 of 1986[with effect from 3 October, 1986]

Taxation Laws Amendment Act, No. 108 of 1986

mailto:[email protected]

mailto:[email protected]?subject=Amendments%20to%20Administrationof%20Estates%20Act%20

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[with effect from 29 August, 1986]



Legal Succession to the South African Transport Services Act, No. 9 of 1989[with effect from 6 October, 1989]


Value-Added Tax Act, No. 89 of 1991




Revenue Laws Amendment Act, No. 140 of 1993[with effect from 13 October, 1993]





South African Revenue Service Act, No. 34 of 1997


Uncertificated Securities Tax Act, No. 31 of 1998

Eskom Amendment Act, No. 126 of 1998[with effect from 18 December, 1998]







Second Revenue Laws Amendment Act, No. 60 of 2001



Exchange Control Amnesty and Amendment of Taxation Laws Act, No. 12 of 2003




Second Revenue Laws Amendment Act, No. 34 of 2004

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Taxation Laws Second Amendment Act, No. 10 of 2005


Revenue Laws Second Amendment Act, No. 32 of 2005

Small Business Tax Amnesty and Amendment of Taxation Laws Act, No. 9 of 2006




Revenue Laws Second Amendment Act, No. 36 of 2007

proposed amendment by

Revenue Laws Amendment Act, No. 31 of 2005(provisions not yet proclaimed)

Revenue Laws Second Amendment Act, No. 32 of 2005(provisions not yet proclaimed)

Second Small Business Tax Amnesty and Amendment of Taxation Laws Act, No. 10 of 2006(provisions not yet proclaimed)

ACT

To consolidate and amend the law relating to stamp duties; and to amend the Marketable Securities Tax Act, 1948.

ARRANGEMENT OF SECTIONS

1. Definitions

CHAPTER IADMINISTRATION OF ACT

2. Duties and responsibilities of Commissioner

CHAPTER IIIMPOSITION OF STAMP DUTIES

3. Stamp duty to be charged in accordance with Schedule 14. General exemptions

CHAPTER IIIGENERAL PROVISIONS RELATING TO THE STAMPING OF INSTRUMENTS

5. Use of stamps in payment of duty6. How instruments shall be written and stamped7. Persons liable to stamp various instruments8. Time within which instruments shall be stamped9. Interest on late payments

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9A. Penalty for failure to pay duty within prescribed period9B. Additional duty in case of evasion10. Defacement of adhesive stamps11. Adjudication respecting liability for stamp duty, interest, penalty or

additional duty12. Invalidity of instruments not duly stamped12A. Person making use of instrument not duly stamped to be liable for unpaid

duty, interest penalty and additional duty thereon13. Duties of public officers14. Contracts, agreements or undertakings made for the purpose of evading,

defeating or frustrating the requirements of this Act15. Stamping of unstamped instruments with amount of duty, interest, penalty

and additional duty recovered

CHAPTER IVPROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS

16. . . . . . .17. . . . . . .18. . . . . . .19. . . . . . .20. . . . . . .21. . . . . . .22. Leases of immovable property23. . . . . . .24. . . . . . .25. . . . . . .

CHAPTER VOFFENCES

26. Offences relating to stamping or defacement of stamps and to evasion of duty

27. Offences relating to dies and stamps28. Presumption in case of possession or sale of forged stamps28A. Offences in respect of adhesive stamps

28B.Offences in respect of furnishing, producing and making available information, documents or things, as well as inquiries and searches and seizures

28C. . . . . . .29. . . . . . .

CHAPTER VIGENERAL AND MISCELLANEOUS

30. Recovery of duty, interest, penalties and additional duty by action30A. Schemes for obtaining undue tax benefits30B. Power to appoint agent30C. Remedies of Commissioner against agent or trustee31. General provisions with regard to information, documents or things31A. Furnishing of information, documents or things by any person31B. Obtaining of information, documents or things at certain premises31C. Inquiry31D. Search and seizure32. Refunds of duty32A. Publication of names of offenders32B. Objection and Appeal procedures32C. Advance tax rulings33. Regulations34. Repeal of laws

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35 to 37. Amendment of the Marketable Securities Tax Act, 194837A. . . . . . .38. Commencement39. Short titleSchedule 1 Tariff of stamp dutiesSchedule 2 Laws repealed

PRELIMINARY1. Definitions.—In this Act, unless the context otherwise indicates—

“authorised officer” means—

(a)the Commissioner, and any officer or class of officers designated by the Commissioner;

[Para. (a) substituted by s. 141 (a) of Act No. 60 of 2001.]

(b)any officer in the public service authorised by the Minister by notice in the Gazette to act as an authorised branch officer for the purposes of this Act, either in respect of all instruments generally or in respect of such classes of instruments as may be specified in the notice;

[Para. (b) substituted by s. 141 (a) of Act No. 60 of 2001.]

(c)the registrar of any division of the High Court, any registrar of deeds, registrar of mining titles, master of the High Court or clerk of an inferior court, in respect of instruments relating to matters with which he is or may be officially concerned;

[Definition of “authorised officer”, previously “authorized revenue officer” amended by s. 141 (a) of Act No. 60 of 2001. Para. (c) amended by s. 16 of Act No. 27 of 1997.]

“banker” . . . . . .[Definition of “banker” substituted by s. 74 of Act No. 53 of 1999 and deleted by s. 25 (1) (a)

of Act No. 36 of 2007 with effect from 1 July, 2008.]

“bill of exchange” . . . . . .[Definition of “bill of exchange” deleted by s. 54 (a) of Act No. 19 of 2001.]

“broker’s note” . . . . . .[Definition of “broker’s note” deleted by s. 7 of Act No. 88 of 1974.]

“cheque” . . . . . .[Definition of “cheque” deleted by s. 54 (b) of Act No. 19 of 2001.]

“Commissioner” means the Commissioner for the South African Revenue Service;[Definition of “Commissioner” inserted by s. 19 (1) (a) of Act No. 106 of 1980 and substituted

by s. 34 (1) of Act No. 34 of 1997.]

“company” includes—

(a)

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any association, corporation or company (including a close corporation) incorporated or deemed to be incorporated by or under any law in force or previously in force in the Republic or in any part thereof, or any body corporate formed or established or deemed to be formed or established by or under any such law; or

(b)any association, corporation or company incorporated under the law of any country other than the Republic or any body corporate formed or established under such law; or

(c)any association (not being an association referred to in paragraph (a)) formed in the Republic to serve a specified purpose, beneficial to the public or a section of the public;

[Definition of “company” inserted by s. 40 of Act No. 5 of 2001.]

“die” means any plate, type, tool or implement whatever which is used for expressing or denoting any duty or rate of duty or the fact that any duty or rate of duty or penalty has been paid or that an instrument is duly stamped or is not chargeable with duty, and includes any part of any such plate, type, tool or implement;

“duly stamped” in relation to any instrument requiring to be stamped under this Act, means that such instrument has been stamped as required by this Act for the proper amount of duty and the amount of any interest, penalty or additional duty incurred under sections 9, 9A and 9B and, where adhesive stamps have been used, that such stamps have been defaced as required by this Act;

[Definition of “duly stamped” substituted by s. 73 (1) (a) of Act No. 32 of 2004.]

“duty” means any duty imposed by this Act;

“executed”, when used in relation to an instrument, means executed as is required by law or as is accepted as sufficient in law;

“fixed deposit” . . . . . .[Definition of “fixed deposit” substituted by s. 77 (1) of Act No. 30 of 1998 and by s. 42 (1)

(a) of Act No. 12 of 2003 and deleted by s. 37 (1) of Act No. 16 of 2004.]

“forge” or “forged” includes counterfeit or counterfeited;

“instalment credit agreement” . . . . . .[Definition of “instalment credit agreement” deleted by s. 4 (a) of Act No. 10 of 2005.]

“instrument” includes any written document or writing;[Definition of “instrument” substituted by s. 3 (a) of Act No. 118 of 1984 and by s. 4 (b) of

Act No. 10 of 2005.]

“marketable security” . . . . . .[Definition of “marketable security” deleted by s. 25 (1) (a) of Act No. 36 of 2007 with effect

from 1 July, 2008.]

“material” . . . . . .[Definition of “material” deleted by s. 25 (1) (a) of Act No. 36 of 2007 with effect from 1 July,

2008.]

“Minister” means the Minister of Finance;

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“policy of life insurance” . . . . . .[Definition of “policy of life insurance” amended by s. 17 (a) of Act No. 87 of 1988 and

deleted by s. 42 (1) (b) of Act No. 12 of 2003.]

“policy or certificate of marine insurance” . . . . . .[Definition of “policy or certificate of marine insurance” inserted by s. 16 (1) (a) of Act No.

103 of 1969 and deleted by s. 5 (1) of Act No. 136 of 1991.]

“promissory note” . . . . . .[Definition of “promissory note” deleted by s. 54 (c) of Act No. 19 of 2001.]

“public officer” . . . . . .[Definition of “public officer” substituted by s. 16 (1) (b) of Act No. 103 of 1969, by s. 3 of Act No. 69 of 1989 and by s. 141 (b) of Act No. 60 of 2001 and deleted by s. 25 (1) (a) of Act No.

36 of 2007 with effect from 1 July, 2008.]

“public revenue” . . . . . .[Definition of “public revenue” substituted by s. 16 (1) (c) of Act No. 103 of 1969, by s. 5 of Act No. 66 of 1973 and by s. 17 (b) of Act No. 87 of 1988, amended by s. 36 (6) of Act No. 9

of 1989 and deleted by s. 25 (1) (a) of Act No. 36 of 2007 with effect from 1 July, 2008.]

“regulation” means any regulation in force under this Act;

“Republic” means the ‘Republic’ as defined in section 1 of the Income Tax Act, 1962 (Act No. 58 of 1962);

[Definition of “Republic” inserted by s. 16 (1) (d) of Act No. 103 of 1969, deleted by s. 17 (c) of Act No. 87 of 1988 and inserted by s. 25 (1) (b) of Act No. 36 of 2007.]

“Secretary” . . . . . .[Definition of “Secretary” deleted by s. 19 (1) (b) of Act No. 106 of 1980.]

“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 s. 34 (1) of Act No. 34 of 1997.]

“stamp”—

(a)when used as a noun, means—

(i)an adhesive stamp approved by the Commissioner for use under this Act;

(ii)an impression made by means of a die approved by the Commissioner;

(iii)a special receipt of the payment of that duty in accordance with section 5 (1) (ii) and (iii); or

(iv)the words “duty paid” where an electronic receipt has been issued in accordance with section 5 (1) (iv); and

[Para. (a) substituted by s. 73 (1) (b) of Act No. 32 of 2004.]

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(b)when used as a verb, means affix a stamp to, or impress a stamp on, an instrument: Provided that in the case where the payment of duty is not required to be denoted on an instrument by means of an adhesive stamp or otherwise, “stamp”, when used as a verb, means to make payment of that duty,

[Para. (b) amended by s. 3 (b) of Act No. 118 of 1984.]

(Editorial Note: Para. (b) to be substituted by s. 12 (1) of Act No. 10 of 2006 with effect from a date to be fixed by the President by proclamation in the Gazette – date not fixed.)

and “stamped” and “stamping” shall be construed accordingly;

“territory” . . . . . .[Definition of “territory” inserted by s. 16 (1) (e) of Act No. 103 of 1969 and deleted by s. 17

(d) of Act No. 87 of 1988.]

“this Act” includes any regulation in force thereunder.

CHAPTER IADMINISTRATION OF ACT

2. Duties and responsibilities of Commissioner.—(1) The Commissioner shall be responsible for carrying out the provisions of this Act, and may in the exercise of his powers or the performance of his duties act personally or through officers in the public service acting under his authority.

(2) The Commissioner shall make such arrangements for the supply of stamps to public offices and the sale and distribution of stamps at public offices or at any other premises as may be necessary for the convenience of the public.

(3) The Commissioner may make use of such forms as he may from time to time think necessary or convenient for the better carrying out of the provisions of this Act.

CHAPTER IIIMPOSITION OF STAMP DUTIES

3. Stamp duty to be charged in accordance with Schedule 1.—(1) Every instrument described in Schedule 1, not being an instrument in respect of which exemption is provided for in this Act or in that Schedule, shall be subject to the duties prescribed in that Schedule in respect of such instrument, if the instrument is executed in the Republic on or after the date of commencement of this Act or if the instrument is executed outside the Republic on or after the said date and relates to the transfer or hypothecation of any property situated in the Republic or to any matter or thing to be performed or done therein.

(2) Schedule 1 shall be deemed to be part of this Act and shall be construed and applied accordingly.

(3) The Minister of Finance may announce that, with effect from a date mentioned in that announcement—

(a)the rate of stamp duties contemplated in subsection (1) will be reduced to the extent mentioned in the announcement; or

(b)there will be a change in the provisions of this Act that will have the effect that any instrument will no longer be subject to stamp duties.

[Sub-s. (3) added by s. 95 of Act No. 31 of 2005.]

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(4) If the Minister makes an announcement contemplated in subsection (3), that reduction or change comes into effect on the date determined by the Minister in that announcement and continues to apply for a period of six months from that date unless Parliament passes legislation giving effect to that announcement within that period of six months.

[Sub-s. (4) added by s. 95 of Act No. 31 of 2005.]

4. General exemptions.—(1) Duty shall not be chargeable in respect of—

(a)any instrument if the duty thereon would be legally payable and borne by the Government (including any provincial administration) or by the government of any other country;

[Para. (a) substituted by s. 17 (1) (a) of Act No. 103 of 1969 and by s. 4 (1) (a) of Act No. 118 of 1984 and amended by s. 18 of Act No. 87 of 1988 and by s. 36 (6) of Act No. 9 of 1989.]

(b)any instrument if the duty thereon would be legally payable and borne by—

(i)any “municipality” as defined in section 1 of the Income Tax Act, 1962 (Act No. 58 of 1962);

[Sub-para. (i) substituted by s. 13 (a) of Act No. 97 of 1993 and by s. 74 (a) of Act No. 20 of 2006.]

(ii). . . . . .

[Sub-para. (ii) deleted by s. 13 (1) (b) of Act No. 97 of 1993.]

(iii)any “water services provider” as defined in section 1 of the Income Tax Act, 1962 (Act No. 58 of 1962);

[Sub-para. (iii) substituted by s. 5 (1) (a) of Act No. 136 of 1992, by s. 13 (1) (c) of Act No. 97 of 1993 and by s. 74 (b) of Act No. 20 of 2006.]

(iv). . . . . .

[Sub-para. (iv) deleted by s. 4 of Act No. 126 of 1998 and by s. 67 (1) (a) of Act No. 30 of 2000.]

(v). . . . . .

[Sub-para. (v) deleted by s. 13 (1) (d) of Act No. 97 of 1993.]

(vi)the Natal Parks, Game and Fish Preservation Board constituted under the Nature Conservation Ordinance, 1974 (Ordinance No. 15 of 1974), of Natal, or the National Parks Board of Trustees established in terms of the National Parks Act, 1976 (Act No. 57 of 1976);

[Sub-para. (vi) substituted by s. 4 of Act No. 87 of 1982 and by s. 74 (c) of Act No. 20 of 2006.]

(vii)the Development Bank of Southern Africa established on 30 June 1983;

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[Sub-para (vii) added by s. 4 (1) (b) of Act No. 118 of 1984 and substituted by s. 74 (d) of Act No. 20 of 2006.]

(viii). . . . . .

[Sub-para. (viii) added by s. 10 (1) (b) of Act No. 81 of 1985 and deleted by s. 74 (e) of Act No. 20 of 2006.]

(ix). . . . . .

[Sub-para. (ix) added by s. 13 (1) (e) of Act No. 97 of 1993 and deleted by s. 74 (e) of Act No. 20 of 2006.]

(x)the Commission for Conciliation, Mediation and Arbitration established by section 112 of the Labour Relations Act, 1995 (Act No. 66 of 1995);

[Para. (b) substituted by s. 17 (1) (b) of Act No. 103 of 1969, by s. 5 of Act No. 72 of 1970, by s. 6 of Act No. 66 of 1973, by s. 8 of Act No. 88 of 1974, by s. 4 (1) of Act No. 95 of 1978 and

by s. 7 of Act No. 99 of 1981. Sub-para. (x) added by s. 78 (1) (b) of Act No. 30 of 1998.]

(xi)any “regional electricity distributor” as defined in section 1 of the Income Tax Act, 1962 (Act No. 58 of 1962), until 1 January 2014 or a later date that may be determined by the Minister by Notice in the Gazette; or

[Sub-para. (xi) added by s. 74 ( f ) of Act No. 20 of 2006.]

(xii)any “traditional council” as contemplated in the Communal Land Rights Act, 2004 (Act No. 11 of 2004), until a date that may be determined by the Minister by Notice in the Gazette.

[Para. (b) substituted by s. 17 (1) (b) of Act No. 103 of 1969, by s. 5 of Act No. 72 of 1970, by s. 6 of Act No. 66 of 1973, by s. 8 of Act No. 88 of 1974, by s. 4 (1) of Act No. 95 of 1978 and

by s. 7 of Act No. 99 of 1981. Sub-para. (xii) added by s. 74 ( f ) of Act No. 20 of 2006.]

(c)any instrument used or intended for use in or in connection with criminal proceedings, or in connection with any charge of a criminal offence, or in connection with bail;

(d)any instrument used or intended for use in or in connection with legal proceedings arising out of commissions rogatoire or letters of request received from foreign countries;

(e). . . . . .

[Para. (e) substituted by s. 17 (1) (c) of Act No. 103 of 1969 and deleted by s. 4 (1) (b) of Act No. 69 of 1989.]

( f )any instrument which is executed by or on behalf of any—

(i)public benefit organisation which is exempt from tax in terms of section 10 (1) (cN) of the Income Tax Act, 1962 (Act 58 of 1962); or

(ii)

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institution, board or body, which is exempt from tax in terms of the provisions of section 10 (1) (cA) (i) of the Income Tax Act, 1962, which has as its sole or principal object the carrying on of any public benefit activity contemplated in section 30,

if the duty thereon would be legally payable and borne by such public benefit organisation, institution, board or body.

[Para. ( f ) substituted by s. 4 (1) (c) of Act No. 69 of 1989, amended by s. 5 (1) (b) and (c) of Act No. 136 of 1992, by s. 13 (1) ( f ) and (g) of Act No. 97 of 1993, by s. 17 of Act No. 27 of 1997 and by s. 67 (1) (b) and (c) of Act No. 30 of 2000 and substituted by s. 67 (1) (d) of Act

No. 30 of 2000 and by s. 54 (1) of Act No. 30 of 2002.]

(g)any instrument if the duty thereon would be legally payable and borne by the Lesotho Highlands Development Authority established by section 4 of the Lesotho Highlands Development Authority Order, 1986 (Order No. 23 of 1986), of Lesotho.

[Para. (g) added by s. 5 (1) (d) of Act No. 136 of 1992.]

(h)any instrument 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 such public benefit organisation.

[Para. (h) added by s. 67 (1) (e) of Act No. 30 of 2000, substituted by s. 74 (g) of Act No. 20 of 2006 and by s. 78 (1) of Act No. 8 of 2007 deemed to have come into operation on 7

February, 2007.]

(2) Any instrument specially exempted from stamp duty under any other law shall not be chargeable with duty by reason of the provisions of this Act.

CHAPTER IIIGENERAL PROVISIONS RELATING TO THE STAMPING OF INSTRUMENTS

5. Use of stamps in payment of duty.—(1) The payment of any duty, interest penalty or additional duty incurred under sections 9, 9A or 9B shall, save as is otherwise specially provided in this Act, be denoted by means of adhesive revenue stamps for the amount of that duty, interest, penalty or additional duty, and those stamps must be affixed to the instrument chargeable with the duty, interest, penalty or additional duty and be defaced as prescribed by this Act: Provided that—

(i)subject to such conditions as the Commissioner may impose, payment of duty on any class of instrument to which he may from time to time apply this proviso, may be denoted by means of impressed stamps;

(ii)upon the issue of a special receipt for the duty, interest, penalty or additional duty paid in respect of an instrument and the issue of that receipt, the person by whom or under whose supervision that receipt is issued, must endorse upon the instrument concerned a certificate of the due payment of that duty, interest, penalty or additional duty;

[Para. (ii) substituted by s. 30 (1) (c) of Act No. 32 of 2005 with effect from the date of promulgation of that Act, 1 February, 2006 to the extent that it inserts a reference to

interest, penalty or additional duty and with effect from a dated fixed by the President by proclamation in the Gazette to the extent that it amends the rest of para. (ii).]

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(iii)the Commissioner may, subject to those conditions as he or she may impose and subject to the exercise of such control as he or she considers necessary, agree that payment of that duty, interest, penalty or additional duty may be acknowledged by means of the issue of a special receipt, and that an instrument which bears on its face the words “duty paid”, shall for the purposes of this Act be deemed to be duly stamped;

[Para. (iii) substituted by s. 9 of Act No. 89 of 1972, by s. 5 of Act No. 118 of 1984, by s. 10 of Act No. 86 of 1987, by s. 6 (1) of Act No. 136 of 1991, by s. 12 of Act No. 37 of 1996 and by s. 18 of Act No. 27 of 1997, amended by s. 68 (a) of Act No. 30 of 2000 and substituted by s. 30 (1) (d) of Act No. 32 of 2005 with effect from the date of promulgation of that Act, 1

February, 2006to the extent that it inserts a reference to interest, penalty or additional duty and with effect from a dated fixed by the President by proclamation in the Gazette to the

extent that it amends the rest of para. (iii).]

(iv)where any person meets the requirements for the stamping of an instrument by electronic means as prescribed by the Commissioner, any electronic payments made by that person may be acknowledged by means of the issue of an electronic receipt, and any such instrument which bears on its face the words “duty paid”, shall for the purposes of this Act be deemed to be duly stamped to the value of that electronic receipt;

[Para. (iv) inserted by s. 74 (1) (b) of Act No. 32 of 2004.]

(v)where the amount of duty, interest, penalty and additional duty payable in respect of any instrument in aggregate equals an amount of R200 or more, that duty, interest, penalty and additional duty may not be denoted by way of adhesive stamps or an impression as contemplated in paragraph (ii).

[Sub-s. (1) amended by s. 79 (a) of Act No. 30 of 1998 and by s. 74 (1) (a) of Act No. 32 of 2004. Para. (v) inserted by s. 74 (1) (b) of Act No. 32 of 2004.]

(1A) . . . . . .[Sub-s. (1A) inserted by s. 79 (b) of Act No. 30 of 1998 and deleted by s. 68 (b) of Act No. 30

of 2000.]

(2) Any certificate under proviso (ii) to subsection (1) shall contain a reference to the number and date of the receipt to which that certificate relates and shall set forth the amount of duty paid, and the instrument on which such certificate has been so endorsed shall for purposes of this Act be deemed to be stamped to the amount of the duty paid and set forth in the certificate.

(3) (a) . . . . . .[Para. (a) substituted by s. 7 (1) (a) of Act No. 66 of 1973 and deleted by s. 9 (a) of Act No.

114 of 1977.]

(b) and (c) . . . . . .[Paras. (b) and (c) deleted by s. 9 (a) of Act No. 114 of 1977.]

(d) If any notarially executed instrument liable to duty is found to be not duly stamped after the expiry of the period allowed under this Act for the stamping of such instrument, the notary by or before whom the same was executed or passed, shall be liable to have the instrument duly stamped, but nothing herein contained shall be construed as exempting from liability for the duty or penalty, any other person who is under this Act liable in respect of the duty or penalty.

(4) (a) . . . . . .[Para. (a) amended by s. 19 (a) of Act No. 87 of 1988 and deleted by s. 6 (1) of Act No. 136

of 1992.]

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(b) . . . . . .[Sub-s. (4) added by s. 7 (1) (b) of Act No. 66 of 1973 and substituted by s. 9 (b) of Act No.

114 of 1977. Para. (b) deleted by s. 19 (b) of Act No. 87 of 1988.]

6. How instruments shall be written and stamped.—(1) Every instrument shall be written in such manner, and shall be so stamped, that the stamp appears on the face of the instrument.

[Sub-s. (1) substituted by s. 6 of Act No. 118 of 1984 and by s. 5 of Act No. 10 of 2005.]

(2) . . . . . .[Sub-s. (2) substituted by s. 8 (1) (a) of Act No. 32 of 1999 and deleted by s. 75 (1) (a) of Act

No. 32 of 2004.]

(3) . . . . . .[Sub-s. (3) substituted by s. 10 of Act No. 114 of 1977 and deleted by s. 8 (1) (b) of Act No.

32 of 1999.]

(4) All facts and circumstances affecting the liability of any instrument to duty or the amount of duty with which any instrument is chargeable shall be fully and truly set forth in the instrument.

[Sub-s. (4) amended by s. 20 of Act No. 87 of 1988 and substituted by s. 75 (1) (b) of Act No. 32 of 2004.]

(5) Where an instrument is chargeable with ad valorem duty in respect of an amount stated in any foreign currency, the duty shall be calculated in the currency of the Republic according to the current rate of exchange on the date of execution of the instrument.

(6) Where an instrument contains a statement of current rates of exchange or average price and is stamped in accordance with that statement, it shall, in respect of the statement, be deemed to be stamped for the proper amount of duty, unless it is shown that the statement is untrue and that the instrument is in fact insufficiently stamped.

(7) In case of doubt or difficulty in determining the amount of any value or consideration upon which duty is payable, the Commissioner may determine such amount, and such determination shall, unless and until the amount so determined is shown to be incorrect or excessive, be conclusive for the purposes of the determination of the amount of such duty.

7. Persons liable to stamp various instruments.—(1) The persons respectively liable for duty and required to stamp any instrument referred to in this section shall be—

(a). . . . . .

[Para. (a) deleted by s. 3 of Act No. 70 of 1975.]

(b). . . . . .

[Para. (b) deleted by s. 76 (1) of Act No. 32 of 2004.]

(c). . . . . .

[Para. (c) deleted by s. 55 (1) of Act No. 19 of 2001.]

(d)

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. . . . . .[Para. (d) deleted by s. 38 (a) of Act No. 16 of 2004.]

(e)in the case of a cession, the cedent;

( f )in the case of a lease or agreement of lease in respect of immovable property, the lessor;

(g). . . . . .

[Para. (g) substituted by s. 156 (a) of Act No. 45 of 2003 and by s. 38 (b) of Act No. 16 of 2004 and deleted by s. 96 (1) (a) of Act No. 31 of 2005 with effect from 1 January, 2006 and

applicable in respect of all marketable securities issued on or after that date.]

(h). . . . . .

[Para. (h) substituted by s. 156 (b) of Act No. 45 of 2003 and by s. 38 (b) of Act No. 16 of 2004 and deleted by s. 99 (1) of Act No. 35 of 2007 with effect from 1 July, 2008.]

(hA). . . . . .

[Para. (hA) inserted by s. 18 of Act No. 103 of 1969, substituted by s. 5 (1) of Act No. 87 of 1982 and deleted by s. 99 (1) of Act No. 35 of 2007 with effect from 1 July, 2008.]

(hB). . . . . .

[Para. (hB) inserted by s. 10 of Act No. 89 of 1972 and deleted by s. 99 (1) of Act No. 35 of 2007 with effect from 1 July, 2008.]

(i). . . . . .

[Para. (i) deleted by s. 43 (1) of Act No. 12 of 2003.]

(iA). . . . . .

[Para. (iA) inserted by s. 8 (1) of Act No. 66 of 1973 and deleted by s. 5 (a) of Act No. 69 of 1989.]

(iB). . . . . .

[Para. (iB) inserted by s. 7 (a) of Act No. 118 of 1984, substituted by s. 5 (b) of Act No. 69 of 1989 and deleted by s. 6 (1) (a) of Act No. 10 of 2005 with effect from 1 March, 2005.]

( j). . . . . .

[Para. ( j) deleted by s. 96 (1) (b) of Act No. 31 of 2005 with effect from 1 January, 2006 and applicable in respect of all marketable securities issued on or after that date.]

(2) . . . . . .[Sub-s. (2) added by s. 7 (b) of Act No. 118 of 1984 and deleted by s. 6 (1) (b) of Act No. 10

of 2005 with effect from 1 March, 2005.]

15

8. Time within which instruments shall be stamped.—(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.

[Para. (b) substituted by s. 77 (1) (a) of Act No. 32 of 2004.]

(c) . . . . . .[Para. (c) inserted by s. 77 (1) (b) of Act No. 32 of 2004 and deleted by s. 100 (1) of Act

No. 35 of 2007 with effect from 1 July, 2008.]

(d) . . . . . .[Para. (d) inserted by s. 77 (1) (b) of Act No. 32 of 2004 and deleted by s. 100 (1) of Act


(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.[Para. (e) inserted by s. 77 (1) (b) of Act No. 32 of 2004.]

(2) Every instrument chargeable with duty, which is executed outside the Republic must, save as is otherwise specifically 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.

[Sub-s. (2) substituted by s. 77 (1) (c) of Act No. 32 of 2004.]

(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.


9. Interest on late payments.—(1) If any duty is not paid in full within the period for payment prescribed by section 8, interest shall be paid at a rate of 10 per cent per annum on the balance of duty outstanding in respect of each month or part thereof during which it

16

remains unpaid, reckoned from the day following the last date for payment contemplated in section 8 to the date of payment to the Commissioner.

[Sub-s. (1) amended by s. 21 of Act No. 87 of 1988 and by s. 5 of Act No. 20 of 1994 and substituted by s. 78 (1) (b) of Act No. 32 of 2004.]

(2) (a) If any instrument chargeable with duty bears an adhesive revenue stamp for the amount of such duty and the stamp has not been defaced as required by section 10, such instrument shall for the purposes of this section not be deemed to have been stamped within the relevant period for stamping prescribed by section 8 unless it is shown to the satisfaction of the Commissioner that such stamp was affixed to the instrument within such period.

(b) Where it is shown to the satisfaction of the Commissioner that the stamp was affixed to such instrument within the said period, he shall make a note on the instrument to the effect that it is duly stamped.

(3) Whenever an authorised branch officer deems it necessary, he may require evidence on oath or other satisfactory proof to be furnished to him of the date of affixing of any adhesive revenue stamp to any instrument or of the date of execution of any instrument or, if any instrument was executed outside the Republic, of the date when it was first received in the Republic.

[Sub-s. (3) substituted by s. 142 of Act No. 60 of 2001.]

(4) . . . . . .[S. 9 amended by s. 78 (1) (a) of Act No. 32 of 2004. Sub-s. (4) deleted by s. 78 (1) (c) of Act

No. 32 of 2004.]

9A. Penalty for failure to pay duty within the prescribed period.—(1) If any person who is liable for the payment of duty under this Act, fails to pay any amount of that duty within the period for the payment thereof as specified in section 8, that person must, in addition to the amount of that duty, pay a penalty equal to 10 per cent of that amount of duty.

(2) If the Commissioner is satisfied that the failure on the part of the person concerned or any other person under the control or acting on behalf of that person to stamp the instrument within the period contemplated in subsection 8 was not due to an intent not to stamp the instrument or to postpone the payment of the duty, the Commissioner may remit in whole or in part any penalty payable in terms of subsection (1).

[S. 9A inserted by s. 79 (1) of Act No. 32 of 2004.]

9B. Additional duty in case of evasion.—(1) Where a person liable to pay duty in terms of section 7, or any person contemplated in section 12A, fails to perform any duty imposed by this Act or does or omits to do anything, with intent—

(a)to evade the payment of any amount of duty payable by him or her; or

(b)to cause a refund to him or her by the Commissioner of any amount of duty, which is in excess of the amount properly refundable to him or her,

that person shall be chargeable with additional duty not exceeding an amount equal to double the amount of duty contemplated in paragraph (a) or the amount in excess as contemplated in paragraph (b), as the case may be.

(2) The amount of the additional duty must be assessed by the Commissioner and must be paid by the person referred to in subsection (1) within the period that the Commissioner may allow.

(3) The power conferred upon the Commissioner by this section applies in addition to any other right conferred upon the Commissioner by this Act.

[S. 9B inserted by s. 80 (1) of Act No. 32 of 2004.]

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10. Defacement of adhesive stamps.—(1) Whenever duty on any instrument is denoted by means of adhesive revenue stamps and such stamps are affixed to the instrument at any time before the expiry of the period allowed by section 8 for stamping, the stamps shall before the end of such period be defaced—

(a)in the case of an instrument which is required to be executed before any particular class of public officer, by the public officer concerned or by the person liable under this Act to stamp the instrument;

(b)in the case of any notarial instrument, by the notary by or before whom the instrument is executed or passed;

(c). . . . . .

[Para. (c) deleted by s. 56 (1) of Act No. 19 of 2001.]

(d)in the case of any other instrument, by the person liable under this Act to stamp the instrument or by any party thereto or by an authorised revenue officer.

[Para. (d) substituted by s. 5 (1) of Act No. 95 of 1978 and by s. 81 (1) (a) of Act No. 32 of 2004.]

(2) Where duty on any instrument is denoted by adhesive revenue stamps and such instrument has been stamped as provided in section 9 or, where the instrument has been stamped as provided in section 8 but the stamps thereon have not been defaced as provided in subsection (1) of this section, the stamps shall, subject to the payment of any interest, penalty or additional duty incurred under sections 9 (1), 9A and 9B in respect of such instrument, be defaced by an authorised revenue officer.

[Sub-s. (2) substituted by s. 81 (1) (b) of Act No. 32 of 2004.]

(3) . . . . . .[Sub-s. (3) deleted by s. 81 (1) (c) of Act No. 32 of 2004.]

(4) Where any instrument is stamped as contemplated in section 15, the stamps affixed thereto shall be defaced by an authorized revenue officer.

(5) An authorised revenue officer shall not deface the stamps affixed to any instrument unless he or she is satisfied that the duty in respect of that instrument, and any interest, penalties and additional duty incurred in respect of that instrument under this Act, have been paid in full.

[Sub-s. (5) substituted by s. 81 (1) (d) of Act No. 32 of 2004.]

(6) Any person required or empowered by this Act to deface an adhesive stamp shall deface it by writing or impressing in ink on or across the stamp his name or initials together with the true date of defacement in such manner as effectually and permanently to render it incapable of being used for stamping any other instrument.

(7) Any public officer, firm or company required or empowered by this Act to deface any adhesive stamp may deface the stamp by impressing thereon in indelible ink by means of a rubber stamp or other device the date and, in the case of such firm or company, the name of the firm or company.

[Sub-s. (7) substituted by s. 81 (1) (e) of Act No. 32 of 2004.]

11. Adjudication respecting liability for stamp duty, interest, penalty or additional duty.—A note or certificate made on or in respect of any instrument and signed by the Commissioner or by his or her authority, stating that the instrument is duly stamped or is

18

not chargeable with duty, interest, penalty or additional duty, shall for all purposes be conclusive evidence of the fact so noted or certified.

[S. 11 substituted by s. 82 (1) of Act No. 32 of 2004.]

12. Invalidity of instruments not duly stamped.—Save as is otherwise expressly provided in any law, no instrument which is required to be stamped under this Act shall be made available for any purpose whatever unless it is duly stamped, and in particular shall not be produced or given in evidence or be made available in any court of law, except—

(a)in criminal proceedings; or

(b)in any proceedings by or on behalf of the State for the recovery of any duty on the instrument or of any interest, penalty or additional duty alleged to have been incurred under this Act in respect of that instrument:

[Para. (b) substituted by s. 83 (1) (a) of Act No. 32 of 2004.]

Provided that the court before which any such instrument is tendered may permit or direct that, subject to the payment of any interest, penalty and additional duty incurred in respect of that instrument under sections 9, 9A and 9B, the instrument be stamped in accordance with the provisions of this Act and upon the instrument being duly stamped may admit it in evidence.

[S. 12 amended by s. 83 (1) (b) of Act No. 32 of 2004.]

12A. Person making use of instrument not duly stamped to be liable for unpaid duty, interest penalty and additional duty thereon.—(1) Any person who for any purpose in connection with a business conducted by him or her keeps or retains, or who in any manner other than a manner contemplated in section 12 makes use of, an instrument which is required to be stamped under this Act but has not been duly stamped, is liable for the unpaid duty in respect of that instrument and any unpaid interest, penalty and additional duty incurred in respect of that instrument under sections 9, 9A and 9B.

[Sub-s. (1) substituted by s. 84 (1) (b) of Act No. 32 of 2004.]

(2) The provisions of subsection (1) shall not be construed as relieving any person who under any other provision of this Act is liable for the duty or any interest, penalty or additional duty in respect of any instrument, from his or her liability to pay any unpaid amount of that duty, interest, penalty or additional duty.

[S. 12A inserted by s. 6 of Act No. 72 of 1970 and amended by s. 84 (1) (a) of Act No. 32 of 2004. Sub-s. (2) substituted by s. 84 (1) (c) of Act No. 32 of 2004.]

13. Duties of public officers.—(1) (a) It shall be the duty of every public officer to take cognizance of the requirements of this Act in respect of the stamping of any instrument which may come before him in his official capacity, and no instrument, which is chargeable with duty and is not duly stamped, may be issued, received, lodged, filed, enrolled or registered by any public officer unless or until the same is duly stamped.

(b) In the event of any refusal by any person to have any such instrument duly stamped, or if any public officer has reason to believe that fraud or evasion of duty was intended, the public officer must impound the instrument and transmit it to the Commissioner for the purpose of the recovery of the duty and any interest, penalty and additional duty incurred.

[Para. (b) substituted by s. 85 (1) of Act No. 32 of 2004.]

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14. Contracts, agreements or undertakings made for the purpose of evading, defeating or frustrating the requirements of this Act.—Any contract, agreement or undertaking made for the purpose of evading, defeating or frustrating the requirements of this Act as to the stamping of instruments, or with a view to precluding objection or inquiry relative to the due stamping of any instrument, shall be void: Provided that nothing in this section contained shall prohibit any agreement between parties as to the distribution between themselves of liability to pay the amount which is payable as duty.

15. Stamping of unstamped instruments with amount of duty, interest, penalty and additional duty recovered.—Upon the recovery under section 30 of the duty or any interest, penalty or additional duty payable in respect of any instrument, the duty, interest, penalty or additional duty recovered shall be denoted on the instrument by means of a special receipt or, if the Commissioner so directs, a note or certificate may be made on the instrument and signed by the Commissioner or by his or her authority stating that the instrument is duly stamped.

[S. 15 substituted by s. 86 (1) of Act No. 32 of 2004.]

CHAPTER IVPROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS

16. . . . . . .[S. 16 repealed by s. 57 (1) of Act No. 19 of 2001.]

17. . . . . . .[S. 17 amended by s. 22 of Act No. 87 of 1988 and repealed by s. 58 (1) of Act No. 19 of

2001.]

18. . . . . . .[S. 18 amended by s. 23 of Act No. 87 of 1988 and repealed by s. 59 (1) of Act No. 19 of

2001.]

19. . . . . . .[S. 19 repealed by s. 9 of Act No. 88 of 1974, inserted by s. 8 of Act No. 118 of 1984,

substituted by s. 6 of Act No. 69 of 1989, amended by s. 75 of Act No. 53 of 1999, substituted by s. 87 (1) of Act No. 32 of 2004 and repealed by s. 7 (1) of Act No. 10 of 2005.]



22. Leases of immovable property.—(1) In this section “lease” means a lease or agreement of lease contemplated in Item 14 of Schedule 1.

(2) The period for which a lease shall be stamped shall be—

(a)in the case of a lease for a definite period, with no provision for the continuance, renewal or extension of the lease, such period; or

20

(b)in the case of a lease for an indefinite period, five years; or

[Para. (b) substituted by s. 79 (1) (a) of Act No. 8 of 2007 deemed to have come into operation on 1 June, 2007 and applicable in respect of any lease or agreement of lease

executed on or after that date.]

(c)in the case of a lease for a definite period (hereinafter referred to as the original period), with provision for the continuance, renewal or extension thereof beyond the original period or any subsequent period during which the lease may be in force, a period equal to the aggregate of the following periods, namely—

(i)the original period;

(ii)any definite periods of continuance, renewal or extension provided for in the lease; and

(iii)if the lease is to continue in force or may be continued, renewed or extended for an indefinite period following the original period or the definite periods referred to in subparagraph (ii), a period of five years.

[Sub-para. (iii) substituted by s. 79 (1) (b) of Act No. 8 of 2007 deemed to have come into operation on 1 June, 2007 and applicable in respect of any lease or agreement of lease


(3) . . . . . .[Sub-s. (3) deleted by s. 79 (1) (c) of Act No. 8 of 2007 deemed to have come into operation on 1 June, 2007 and applicable in respect of any lease or agreement of lease executed on or

after that date.]

(4) . . . . . .[Sub-s. (4) deleted by s. 97 of Act No. 31 of 2005.]

(5) If under or by virtue of a lease, rent or other consideration is payable or expressed otherwise than in money, duty shall be calculated on an amount equal to the monetary value of such rent or other consideration.

(6) The expression “other consideration” in Item 14 (1) of Schedule 1 includes—

(a)the value of improvements which the lessee is obliged to effect on the land or to the buildings leased by him or her and that value is deemed to be the amount stipulated in the lease as the value or, where no amount is so stipulated, the fair and reasonable value determined by the Commissioner; and

(b)any acceptance by the lessee of a liability for payments for which the lessor would otherwise be liable:

Provided that payment of any amount in terms of a stipulation in a lease is deemed not to be “other consideration”, where the amount—

(i)constitutes charges which relate to public services rendered or utilities provided to the lessee; or

(ii)relates to the duty payable by the lessor on that lease or agreement of lease.

21

[Sub-s. (6) substituted by s. 88 (1) of Act No. 32 of 2004.]

(7) The duty on a lease shall be denoted on the original instrument, which shall be retained by the lessor.

[Sub-s. (7) substituted by s. 6 (1) of Act No. 102 of 1979.]

(8) In the event of a lease terminating or being terminated before the end of the period in respect of which duty has been paid, the Commissioner shall, if satisfied of that fact and upon the application of the person by whom the duty was paid, refund, in the case that lease was terminated—

(a)within a period of five years from the date of the commencement of the rental period as contemplated in the lease agreement, the amount of such duty; and

(b)after a period of five years from the date of the commencement of the rental period as contemplated in the lease agreement, a proportionate amount of such duty.

[Sub-s. (8) substituted by s. 79 (1) (d) of Act No. 8 of 2007 deemed to have come into operation on 1 June, 2007 and applicable in respect of any lease or agreement of lease


23. . . . . . .[S. 23 amended by s. 20 (1) of Act No. 103 of 1969, by s. 13 of Act No. 92 of 1971, by

s. 11 (1) of Act No. 89 of 1972, by s. 10 (1) of Act No. 66 of 1973, by s. 10 of Act No. 88 of 1974, by s. 20 (1) of Act No. 106 of 1980, by s. 6 (1) of Act No. 87 of 1982, by s. 5 (1) of Act No. 92 of 1983, by s. 25 of Act No. 87 of 1988, by s. 8 of Act No. 69 of 1989, by s. 81 of Act

No. 89 of 1991, by s. 7 of Act No. 136 of 1991, by s. 13 (1) of Act No. 37 of 1996, by s. 19 (1) of Act No. 27 of 1997, by s. 80 of Act No. 30 of 1998, by s. 76 (1) of Act No. 53 of 1999, by s. 157 of Act No. 45 of 2003, by s. 40 of Act No. 16 of 2004, by s. 89 (1) of Act No. 32 of 2004 and by s. 98 (1) of Act No. 31 of 2005 and repealed by s. 101 (1) of Act No. 35 of 2007 with

effect from 1 July, 2008.]

24. . . . . . .[S. 24 amended by s. 21 (1) of Act No. 103 of 1969, by s. 11 of Act No. 88 of 1974, by s. 4 (1)

of Act No. 70 of 1975, by s. 12 (1) of Act No. 114 of 1977, by s. 6 (1) of Act No. 92 of 1983, by s. 26 of Act No. 87 of 1988, by s. 9 of Act No. 69 of 1989, by s. 82 (1) of Act No. 89 of

1991, by s. 14 (1) of Act No. 97 of 1993, by s. 14 (1) of Act No. 37 of 1996 and by s. 143 of Act No. 60 of 2001 and repealed by s. 44 (1) of Act No. 12 of 2003.]


CHAPTER VOFFENCES

26. Offences relating to stamping or defacement of stamps and to evasion of duty.—Any person who—

(a)in relation to the stamping of any instrument or the defacement of any stamp on any instrument, without lawful excuse uses, enters or attests any date other than the true date; or

22

(b)knowingly misstates any facts or circumstances relative to the character of any instrument or the duty chargeable in respect of any instrument; or

(c)by any act, contrivance or omission evades or attempts to evade or aids or abets any other person in evading any duty payable under this Act,

shall be guilty of an offence and liable on conviction to a fine not exceeding R2 000.[S. 26 amended by s. 27 of Act No. 87 of 1988.]

27. Offences relating to dies and stamps.—(1) Any person who—

(a)forges a die or stamp;

(b)prints or makes an impression upon any material with a forged die;

(c)with intent to defraud, prints or makes an impression upon any material from a genuine die;

(d)cuts, tears or in any other way removes from any material any stamp, with intent that any fraudulent use should be made of such stamp or of any part thereof;

(e)mutilates any stamp with intent that any fraudulent use should be made of such stamp or any part thereof;

( f )with intent to defraud, fixes or places upon any material any stamp or part of a stamp which, whether with such intent or not, has been cut, torn or in any other way removed from any other material;

(g)erases or otherwise removes or does any act which appears to erase or remove from any stamped material any name, sum, date or other matter or thing whatsoever thereon written, with the intent that any fraudulent use should be made of the stamp upon such material;

(h)has in his possession any forged stamp or any stamp which has been fraudulently printed or impressed from a genuine die, knowing the same to be forged or to be so printed or so impressed and with intent to sell, use or utter it or who sells or exposes for sale or utters or uses any such stamp knowing the same to be forged or to be so printed or so impressed;

(i)knowingly and without lawful excuse (the proof whereof shall lie upon him) has in his possession any forged die or stamp or any stamp which has been fraudulently printed or impressed from a genuine die, or any stamp or part of a stamp which has been fraudulently cut, torn or in any other way removed from any material, or any stamp which has been fraudulently mutilated, or any stamped material from which any name, sum, date or other matter or thing has been fraudulently erased or otherwise, either in fact or apparently, removed;

( j)

23

with intent to defraud and so that a stamp may be used again, removes from any instrument any adhesive stamp, or affixes to any other instrument any adhesive stamp which has been so removed;

(k)sells or offers for sale or utters any adhesive stamp which has been so removed, or utters any instrument having thereon any adhesive stamp, which has to his knowledge been so removed as aforesaid,

or who causes or procures any of the acts mentioned in any of paragraphs (a) to (k), inclusive, to be done or knowingly aids, abets or assists any person in doing any such act, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.

[Sub-s. (1) amended by s. 28 (a) of Act No. 87 of 1988 and by s. 69 (a) of Act No. 30 of 2000.]

(2) Any person who without lawful authority or excuse (the proof whereof shall lie upon him) purchases or receives or knowingly has in his possession or custody—

(a)any paper manufactured or provided for the purpose of making or impressing stamps by or for the proper authorities, before such stamps have been made or impressed and issued for public purposes; or

(b)any plate, die, dandy-roller, mould or other implement,

shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months.

[Sub-s. (2) amended by s. 28 (b) of Act No. 87 of 1988 and by s. 69 (b) of Act No. 30 of 2000.]

28. Presumption in case of possession or sale of forged stamps.—Any person in whose possession any forged stamp or any stamp which has been fraudulently printed or impressed from a genuine die is found, shall, unless the contrary is proved, be deemed to have had the stamp in his possession knowing it to be forged or to be so printed or so impressed and with intent to sell, use or utter it, and any person who sells or exposes for sale or utters or uses any such stamp shall, unless the contrary is proved, be deemed to have done so knowing the same to be forged or to be so printed or so impressed.

28A. Offences in respect of adhesive stamps.—(1) Any person—

(a)(excluding an officer in the public service acting in his official capacity or any person acting under a written authority of the Commissioner) who sells or otherwise disposes of any adhesive stamp, whether used or unused, to any other person;

(b)who purchases or in any other manner acquires any adhesive stamp from any person other than an officer or a person acting under a written authority of the Commissioner referred to in paragraph (a);

(c)who has in his possession any used adhesive stamp (as defined in subsection (3)) which is not affixed to any instrument, knowing it to have been removed from an instrument and with intent to use it to denote the payment of duty on any other instrument or to sell or dispose of it in contravention of the provisions of this subsection,

24

shall be guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding six months.

[Sub-s. (1) amended by s. 29 of Act No. 87 of 1988, and by s. 70 of Act No. 30 of 2000.]

(2) Any person in whose possession is found any used adhesive stamp (as defined in subsection (3)) which is not affixed to an instrument shall, unless the contrary is proved, be deemed to have the stamp in his possession knowing the same to have been removed from an instrument and with intent to use the stamp to denote the payment of duty on any other instrument or to sell or dispose of it in contravention of the provisions of subsection (1).

(3) For the purposes of this section “used adhesive stamp” means any adhesive stamp which has been or appears to have been defaced in any manner or has or appears to have had any writing thereon or which is damaged or appears to have been affixed to and removed from an instrument.

[S. 28A inserted by s. 12 of Act No. 88 of 1974.]

28B. Offences in respect of furnishing, producing and making available information, documents or things, as well as inquiries and searches and seizures.—Any person who—

(a)without just cause shown by him, refuses or neglects to—

(i)furnish, produce or make available any information, documents or things;

(ii)reply to or answer truly and fully, any questions put to him; or

(iii)attend and give evidence,

as and when required in terms of this Act; or

(b)obstructs or hinders any officer in the carrying out of his duties,

shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year.

[S. 28B inserted by s. 16 of Act No. 46 of 1996.]

28C. . . . . . .[S. 28C inserted by s. 35 (1) of Act No. 34 of 2004 and repealed by s. 102 (1) of Act No. 35 of

2007 with effect from 1 July, 2008.]

29. . . . . . .[S. 29 repealed by s. 17 of Act No. 46 of 1996.]

CHAPTER VIGENERAL AND MISCELLANEOUS

30. Recovery of duty, interest, penalties and additional duty by action.—(1) Any duty, interest, penalty or additional duty payable under this Act shall be a debt due to the State.

[Sub-s. (1) amended by s. 20 of Act No. 27 of 1997 and substituted by s. 77 of Act No. 53 of 1999 and by s. 36 (1) (b) of Act No. 34 of 2004.]

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(2) The provisions of the Income Tax Act, 1962 (Act No. 58 of 1962), relating to—

(a)the recovery of tax as contained in section 91; and

(b)the power to appoint an agent as contained in section 99,

of that Act, shall apply mutatis mutandis to the duty and penalties imposed by this Act.[Sub-s. (2) substituted by s. 77 of Act No. 53 of 1999.]

(3) All duties and penalties recovered under this Act shall be paid into the Consolidated Revenue Fund.

(4) Nothing contained in this section shall be construed as depriving the Commissioner or any other officer of any other remedy for the recovery of duty, interest, penalty or additional duty mentioned in this Act, or as exempting from prosecution or punishment any person who is liable therefor under any other provision of this Act.


(5) Where, in addition to any amount of duty which is payable by any person in terms of this Act, an amount of interest, penalty or additional duty is payable by him or her in terms of the provisions of this Act, any payment made by that person on or after 1 April 1994 in respect of that duty, interest, penalty or additional duty which is less than the total amount due by him or her in respect of that duty, interest, penalty and additional duty shall for the purposes of this Act be deemed to be made—

(a)in respect of that penalty; and

(b)to the extent that the payment exceeds the amount of that penalty, in respect of that interest; and

(c)to the extent that the payment exceeds the amount of that penalty and that interest, in respect of that duty and additional duty.

[Sub-s. (5) added by s. 15 of Act No. 97 of 1993 and substituted by s. 36 (1) (d) of Act No. 34 of 2004.]

(6) 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 (5) shall, in so far as it provides for such allocation, cease to have effect.

[S. 30 amended by s. 36 (1) (a) Act No. 34 of 2004. Sub-s. (6) added by s. 15 of Act No. 97 of 1993.]

30A. Schemes for obtaining undue tax benefits.—(1) Notwithstanding anything in this Act, whenever the Commissioner is satisfied that any transaction, operation, scheme or understanding (whether enforceable or not), including all steps by which it is carried into effect—

(a)has been entered into or carried out which has the effect of any person obtaining a tax benefit;

(b)having regard to the substance of the transaction, operation, scheme or understanding—

26

(i)was entered into or carried out in a manner which would not normally be employed for bona fide business purposes other than the obtaining of a tax benefit; or

(ii)has created rights or obligations which would not normally be created between persons dealing at arm’s length; and

(c)was entered into or carried out solely or mainly for the purposes of obtaining a tax benefit,

the Commissioner shall determine the liability for any duty imposed by this Act and the amount thereof, as if the transaction, operation, scheme or understanding had not been entered into or carried out, or in such manner as in the circumstances of the case the Commissioner deems appropriate for the prevention or diminution of such tax benefit.

(2) For the purpose of this section “tax benefit” means—

(a)any reduction in the liability of any person to pay duty;

(b)any increase in the entitlement of any person to the refund of duty; or

(c)any other avoidance or postponement of liability for the payment of any duty imposed by this Act or any tax, duty or levy imposed by any other Act administered by the Commissioner.

(3) Any decision of the Commissioner under subsection (1) shall be subject to objection and appeal, and whenever in proceedings relating thereto it is proved that the relevant transaction, operation, scheme or understanding results or would result in a tax benefit, it shall be presumed, until the contrary is proved, that such scheme was entered into or carried out solely or mainly for the purpose of obtaining a tax benefit.


(Editorial Note: There is a difference between the Afrikaans and English versions of section 30A.)

30B. Power to appoint agent.—The Commissioner may, if he or she deems it necessary, declare any person to be the agent of any other person, and the person so declared an agent—

(a)shall for the purposes of this Act be the agent of that other person in respect of the payment of any amount of duty, additional duty, penalty or interest payable by that other person under this Act; and

(b)may be required to make payment of such amount from any moneys which may be held by that agent for or be due by that agent to the person whose agent he or she has been declared to be:

Provided that a person so declared an agent who is unable to comply with a requirement of the notice of appointment as agent, must advise the Commissioner in writing of the reasons for not complying with that notice within the period specified in the notice.


30C. Remedies of Commissioner against agent or trustee.—The Commissioner shall have the same remedies against all property of any kind vested in or under the control or

27

management of any agent or trustee as the Commissioner would have against the property of any person liable to pay any duty and in as full and ample a manner.

[S. 30C inserted by s. 158 (1) of Act No. 45 of 2003.]

31. General provisions with regard to information, documents or things.—(1) For the purposes of this section and sections 31A, 31B, 31C, 31D and 28B—

“administration of this Act” means the—

(a)obtaining of full information in relation to any instrument that is subject to stamp duty in terms of this Act;

(b)ascertaining of the correctness of any statement, financial statement, document, declaration of facts or valuation;

(c)determination of the liability of any person for any duty or any interest, penalty or any additional duty in relation thereto leviable under this Act;

[Para. (c) substituted by s. 37 (1) of Act No. 34 of 2004.]

(d)collecting of any such liability;

(e)ascertaining whether an offence in terms of this Act has been committed;

( f )ascertaining whether a person has, other than in relation to a matter contemplated in paragraphs (a), (b), (c), (d) and (e) of this definition, complied with the provisions of this Act;

(g)enforcement of any of the Commissioner’s remedies under this Act to ensure that any obligation imposed upon any person by or under this Act, is complied with; and

(h)performance of any other administrative function which is necessary for the carrying out of the provisions of this Act;

“authorisation letter” means a written authorisation granted by the Commissioner, or by any person designated by the Commissioner for this purpose or occupying a post designated by the Commissioner for this purpose, to an officer to inspect, audit, examine or obtain, as contemplated in section 31B, any information, documents or things;

[Definition of “authorisation letter” substituted by s. 144 of Act No. 60 of 2001.]

“documents” include any document, book, marketable security, record, account, deed, plan, instrument, trade list, stock list, brokers note, affidavit, certificate, photograph, map, drawing and any printout of information generated, sent, received, stored, displayed or processed by electronic means;

[Definition of “documents” substituted by s. 159 of Act No. 45 of 2003.]

“information” includes any electronic representations of information in any form;[Definition of “information” substituted by s. 159 of Act No. 45 of 2003.]

“judge” means a judge of the High Court and includes a judge in chambers;

28

[Definition of “judge” substituted by s. 81 of Act No. 30 of 1998.]

“officer” means an officer contemplated in section 2 (1);

“premises” include any building, premises, aircraft, vehicle, vessel or place;

“things” include any corporeal or incorporeal thing and any document relating thereto;

“warrant” means a written authorisation issued by a judge to search for and seize any information, documents or things under section 31D.

(2) For the purposes of sections 31A, 31B, 31C and 31D, where any information, documents or things are not in one of the official languages, the Commissioner or any officer may by notice in writing require the person liable for the duty or, on such person’s default, any other person, to produce, within a reasonable period, a translation thereof in one of the official languages determined by the Commissioner or such officer.

(3) Any translation referred to in subsection (2) shall be—

(a)produced at such time and premises as may be specified by the Commissioner or any officer; and

(b)prepared and certified by a sworn translator or another person approved by the Commissioner or such officer.

(4) For the purposes of sections 31C and 31D, the Commissioner may delegate the powers vested in him by those sections, to any other officer.

[S. 31 substituted by s. 18 of Act No. 46 of 1996.]

31A. Furnishing of information, documents or things by any person.—The Commissioner or any officer may, for the purposes of the administration of this Act in relation to any person liable for the duty, require such person or any other person to furnish such information (whether orally or in writing), documents or things as the Commissioner or such officer may require.

[S. 31A inserted by s. 18 of Act No. 46 of 1996.]

31B. Obtaining of information, documents or things at certain premises.—(1) The Commissioner, or an officer named in an authorisation letter, may, for the purposes of the administration of this Act in relation to the person liable for the duty, require such person or any other person, with reasonable prior notice, to furnish, produce or make available any such information, documents or things as the Commissioner or such officer may require to inspect, audit, examine or obtain.

(2) For the purposes of the inspection, audit. examination or obtaining of any such information, documents or things, the Commissioner or an officer contemplated in subsection (1), may call on any person—

(a)at any premises; and

(b)at any time during such person’s normal business hours.

(3) For the purposes of subsection (2), the Commissioner or any officer contemplated in subsection (1), shall not enter any dwelling-house or domestic premises (except any part thereof as may be occupied or used for the purposes of trade) without the consent of the occupant.

(4) Any officer exercising any power under this section, shall on demand produce the authorisation letter issued to him.

29

[S. 31B added by s. 18 of Act No. 46 of 1996.]

31C. Inquiry.—(1) The Commissioner or an officer contemplated in section 31 (4) may authorise any person to conduct an inquiry for the purposes of the administration of this Act.

(2) Where the Commissioner, or any officer contemplated in section 31 (4), authorises a person to conduct an inquiry, the Commissioner or such officer shall apply to a judge for an order designating a presiding officer before whom the inquiry is to be held.

(3) A judge may, on ex parte application by the Commissioner or any officer contemplated in section 31 (4), grant an order in terms of which a person contemplated in subsection (7) is designated to act as presiding officer at the inquiry contemplated in this section.

(4) An application under subsection (2) shall be supported by information supplied under oath or solemn declaration, establishing the facts on which the application is based.

(5) A judge may grant the order referred to in subsection (3) if he is satisfied that there are reasonable grounds to believe that—

(a)(i)

there has been non-compliance by any person with his obligations in terms of this Act; or

(ii)an offence in terms of this Act has been committed by any person;

(b)information, documents or things are likely to be revealed which may afford proof of—

(i)such non-compliance; or

(ii)the committing of such offence; and

(c)the inquiry referred to in the application is likely to reveal such information, documents or things.

(6) An order under subsection (3) shall, inter alia—

(a)name the presiding officer;

(b)refer to the alleged non-compliance or offence to be inquired into;

(c)identify the person alleged to have failed to comply with the provisions of the Act or to have committed the offence; and

(d)be reasonably specific as to the ambit of the inquiry.

(7) Any presiding officer shall be a person appointed by the Minister in terms of section 83A (4) of the Income Tax Act, 1962 (Act No. 58 of 1962).

(8) For the purposes of an inquiry contemplated in this section, a presiding officer designated under subsection (3) shall—

(a)determine the proceedings as he may think fit;

30

(b)have the same powers—

(i)to enforce the attendance of witnesses and to compel them to give evidence or to produce evidential material; and

(ii)relating to contempt committed during the proceedings,

as are vested in a President of the Special Court contemplated in section 83 of the Income Tax Act, 1962, and for those purposes sections 84 and 85 of that Act shall apply mutatis mutandis; and

[Para. (b) substituted by s. 71 (a) of Act No. 30 of 2000.]

(c)record the proceedings and evidence at an inquiry in such manner as he may think fit.

(9) Any person may, by written notice issued by the presiding officer, be required to appear before him in order to be questioned under oath or solemn declaration for the purposes of an inquiry contemplated in this section.

(10) The notice contemplated in subsection (9) shall specify the—

(a)place where such inquiry will be conducted;

(b)date and time of such inquiry; and

(c)reasons for such inquiry.

(11) Any person whose affairs are investigated in the course of an inquiry contemplated in this section, shall be entitled to be present at the inquiry during such time as his affairs are investigated, unless on application by the person contemplated in subsection (1), the presiding officer directs otherwise on the ground that the presence of the person and his representative, or either of them, would be prejudicial to the effective conduct of the inquiry.

[Sub-s. (11) substituted by s. 71 (b) of Act No. 30 of 2000.]

(12) Any person contemplated in subsection (9) has the right to have a legal representative present during the time that he appears before the presiding officer.


(13) An inquiry contemplated in this section shall be private and confidential and the presiding officer shall at any time on application by the person whose affairs are investigated or any other person giving evidence or the person contemplated in subsection (1), exclude from such inquiry or require to withdraw therefrom, all or any persons whose attendance is not necessary for the inquiry.


(14) Any person may, at the discretion of the presiding officer, be compensated for his reasonable expenditure related to the attendance of an inquiry, by way of witness fees in accordance with the tariffs prescribed in terms of section 51bis of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944).

(15) Subject to subsection (16), the evidence given under oath or solemn declaration at an inquiry may be used by the Commissioner in any subsequent proceedings to which the person whose affairs are investigated is a party or to which a person who had dealings with such person is a party.

31

[Sub-s. (15) added by s 71 (c) of Act No. 30 of 2000.](16) (a) No person may refuse to answer any question during an inquiry on the grounds

that it may incriminate him.

(b) No incriminating evidence so obtained shall be admissible in any criminal proceedings against the person giving such evidence, other than in proceedings where that person stands trial on a charge relating to the administering or taking of an oath or the administering or making of an affirmation or the giving of false evidence or the making of a false statement in connection with such questions and answers or a failure to answer questions lawfully put to him, fully and satisfactorily.

[Sub-s. (16) added by s. 71 (c) of Act No. 30 of 2000.](17) An inquiry in terms of this section shall proceed notwithstanding the fact that any

civil or criminal proceedings are pending or contemplated against or involving any person contemplated in subsection (6) (c) or any witness or potential witness or any person whose affairs may be investigated in the course of that inquiry.

[S. 31C added by s. 18 of Act No. 46 of 1996. Sub-s. (17) added by s. 71 (c) of Act No. 30 of 2000.]

31D. Search and seizure.—(1) For the purposes of the administration of this Act, a judge may, on ex parte application by the Commissioner or any officer contemplated in section 31(4), issue a warrant, authorising the officer named therein to, without prior notice and at any time—

(a)(i)

enter and search any premises; and

(ii)search any person present on the premises, provided that such search is conducted by an officer of the same gender as the person being searched,

for any information, documents or things, that may afford evidence as to the non-compliance by any person with his obligations in terms of this Act;

(b)seize any such information, documents or things; and

(c)in carrying out any such search, open or cause to be opened or removed and opened, anything in which such officer suspects any information, documents or things to be contained.

(2) An application under subsection (1) shall be supported by information supplied under oath or solemn declaration, establishing the facts on which the application is based.

(3) A judge may issue the warrant referred to in subsection (1) if he is satisfied that there are reasonable grounds to believe that—

(a)(i)

there has been non-compliance by any person with his obligations in terms of this Act; or

(ii)an offence in terms of this Act has been committed by any person;

(b)information, documents or things are likely to be found which may afford evidence of—

(i)such non-compliance; or

32

(ii)the committing of such offence; and

(c)the premises specified in the application are likely to contain such information, documents or things.

(4) A warrant issued under subsection (1) shall—

(a)refer to the alleged non-compliance or offence in relation to which it is issued;

(b)identify the premises to be searched;

(c)identify the person alleged to have failed to comply with the provisions of the Act or to have committed the offence; and

(d)be reasonably specific as to any information, documents or things to be searched for and seized.

(5) Where the officer named in the warrant has reasonable grounds to believe that—

(a)such information, documents or things are—

(i)at any premises not identified in such warrant; and

(ii)about to be removed or destroyed; and

(b)a warrant cannot be obtained timeously to prevent such removal or destruction,

such officer may search such premises and further exercise all the powers granted by this section, as if such premises had been identified in a warrant.

(6) Any officer who executes a warrant may seize, in addition to the information, documents or things referred to in the warrant, any other information, documents or things that such officer believes on reasonable grounds afford evidence of the non-compliance with the relevant obligations or the committing of an offence in terms of this Act.

(7) The officer exercising any power under this section shall on demand produce the relevant warrant (if any).

(8) The Commissioner, who shall take reasonable care to ensure that the information, documents or things are preserved, may retain them until the conclusion of any investigation into the non-compliance or offence in relation to which the information, documents or things were seized or until they are required to be used for the purposes of any legal proceedings under this Act, whichever event occurs last.

(9) (a) Subject to subsection (10), any person may apply to the relevant division of the High Court for the return of any information, documents or things seized under this section.

[Para. (a) amended by s. 82 of Act No. 30 of 1998.]

(b) The court hearing such application may, subject to subsection (10), on good cause shown, make such order as it deems fit.

(10) Where there is good reason to suspect that any person is guilty of an offence, the information, documents or things so seized, may be placed in safe custody and be adjudged to be forfeited to the State by the court having jurisdiction as to the offence and thereafter shall be dealt with as the Commissioner may direct: Provided that nothing contained in this

33

subsection shall affect the rights of any person who is otherwise entitled by law to the possession or custody of any such information, documents or things stolen or improperly obtained.

(11) The person to whose affairs any information, documents or things seized under this section relate, may examine and make extracts therefrom and obtain one copy thereof at the expense of the State during normal business hours under such supervision as the Commissioner may determine.

(12) Where any stamps are seized under a warrant, the person authorised by the warrant shall, if required, give to the person in whose custody or possession the stamps are found, an acknowledgment of the number, particulars and amount of the stamps and permit the stamps to be marked on the back thereof before the removal thereof.

[S. 31D added by s. 18 of Act No. 46 of 1996.]

32. Refunds of duty.—(1) The Commissioner may, subject to the provisions of subsections (1A) and (4), make, or authorize to be made, a refund in respect of—

(a)the amount of any overpayment of the duty or any interest, penalty or additional duty properly chargeable in respect of any instrument, if application for the refund is made within two years after the date of that overpayment;

[Para. (a) substituted by s. 38 (1) (a) of Act No. 34 of 2004.]

(b)any stamp which has been inadvertently spoiled or rendered unserviceable, if application for the refund is made within two years after the stamp was spoiled or rendered unserviceable;

(c)any stamp on any instrument if the Commissioner is satisfied that such instrument has by reason of an omission, error or mishap been spoiled or rendered useless, and that the said instrument has within two years after the date of execution thereof been cancelled and another duly stamped instrument, identical in every material particular with the aforesaid instrument save for the correction of any such omission or error, has been substituted therefor: Provided that no refund shall be made under this paragraph in respect of any penalty incurred under this Act in respect of the said instrument;

(d)any stamp which has been rendered obsolete by demonetization in accordance with the regulations, if application for the refund is made within one year after the date on which the stamp was rendered obsolete; or

(e)any unused stamp which has been purchased by any person and is in excess of his requirements.

[Sub-s. (1) amended by s. 83 (a) of Act No. 30 of 1998 and by s. 9 (1) (a) of Act No. 32 of 1999.]

(1A) No refund shall be made by the Commissioner in terms of subsection (1) where the amount of the refund claimed is less than R2-00.

[Sub-s. (1A) inserted by s. 9 (1) (b) of Act No. 32 of 1998.](2) No refund shall be made in respect of any stamp unless such stamp or, where the

stamp is affixed to or impressed on any instrument, such instrument is delivered to the Commissioner to be marked or destroyed.

(3) Stamps may not be removed from any instrument or material to which they have been affixed and no refund shall be made in respect of any stamp which has in fact or apparently been so removed.

34

(4) Where any refund contemplated in subsection (1) is due to any person who has failed to pay any amount of tax, additional tax, duty, levy, charge, interest or penalty levied or imposed under this Act or any other law administered by the Commissioner within the period prescribed for payment of the amount, the Commissioner may set off against the amount which the person has failed to pay, any amount which has become refundable to the person under this section.

[Sub-s. (4) added by s. 83 (b) of Act No. 30 of 1998.]

32A. Publication of names of offenders.—(1) The Commissioner may from time to time publish by notice in the Gazette a list of persons who have been convicted of any offence in terms of—

(a)section 26, 27, 28A or 28B;

(b)the common law, where the criminal conduct corresponds materially with an offence referred to in paragraph (a),

after any appeal or review proceedings in relation thereto have been completed or not been instituted within the period allowed therefor.

(2) Every such list may specify—

(a)the name and address of the offender;

(b)such particulars of the offence as the Commissioner may think fit;

(c)the particulars of the fine or sentence imposed.


32B. Objection and Appeal procedures.—(1) Any person aggrieved by a decision of the Commissioner in terms of this Act may object and appeal against that decision to the tax board or the tax court, as the case may be, established in terms of the Income Tax Act, 1962 (Act No. 58 of 1962), in the manner and under the terms and within the period prescribed by that Act and the rules promulgated thereunder.

(2) The provisions of the Income Tax Act, 1962, relating to—

(a)objections and appeals, as provided for in Part III of Chapter III and the rules promulgated thereunder; and

(b)settlement of disputes, as provided for in Part IIIA of Chapter III of that Act,

[Para. (b) substituted by s. 160 of Act No. 45 of 2003.]

shall mutatis mutandis apply in respect of any objection lodged or appeal noted or any dispute settled in terms of this Act.

[Sub-s. (2) inserted by s. 145 (1) of Act No. 60 of 2001 (as substituted by s. 77 (1) of Act No. 30 of 2002).]

(3) Any decision of the Commissioner, contemplated in subsection (1) shall be deemed to be an assessment for purposes of the application of the provisions of the Income Tax Act, 1962, as contemplated in subsection (2).


35

32C. Advance tax rulings.—(1) The provisions relating to advance tax rulings contained in Part IA of Chapter III of the Income Tax Act, 1962, apply mutatis mutandis for purposes of this Act.

(2) Any procedures and guidelines issued by the Commissioner in terms of section 76S of the Income Tax Act, 1962, for implementation and operation of the advance tax ruling system apply mutatis mutandis for purposes of this Act.

[S. 32C inserted by s. 39 (1) of Act No. 34 of 2004 with effect from the date on which Part IA of Chapter III of the Income Tax Act, 1962, comes into operation: 1 October, 2006

(Proclamation No. 43 in Government Gazette 29263 of 29 September, 2006).]

33. Regulations.—(1) The Minister may make regulations as to the demonetization or withdrawal of any particular issue of stamps and generally for the better carrying out of the objects and purposes of this Act.

[Sub-s. (1) amended by s. 46 of Act No. 97 of 1986.]

(2) The regulations may provide a penalty for any contravention thereof or failure to comply therewith, not exceeding a penalty of R2 000, and such penalty shall be recoverable as in this Act provided.

[Sub-s. (2) amended by s. 30 of Act No. 87 of 1988.]

34. Repeal of laws.—(1) Subject to the provisions of sections 23 (7) and 24 (8) and subsections (2) and (3) of this section, the laws specified in Schedule 2 are hereby repealed to the extent set out in the third column of that Schedule.

(2) Any regulation or notice made or issued or in force under any provision of a law repealed by subsection (1) shall be deemed to have been made or issued or to be in force under the corresponding provision of this Act.

(3) Any instrument executed outside the Republic before the date of commencement of this Act and which relates to the transfer or hypothecation of any property situated in the Republic or to any matter or thing to be performed or done therein shall, notwithstanding the fact that such instrument is received in the Republic on or after the said date, be subject to the duties prescribed for such instrument in the Stamp Duties Act, 1962 (Act No. 59 of 1962), and such duties shall be denoted or paid and shall be recoverable from the person liable therefor in the manner provided in the last-mentioned Act.

35. Amends section 1 of the Marketable Securities Tax Act, No. 32 of 1948, as follows:—paragraph (a) deletes the definition of “Commissioner”; paragraph (b) substitutes the definition of “marketable security”; and paragraph (c) inserts the definition of “Secretary”.

36. Amends section 3 of the Marketable Securities Tax Act, No. 32 of 1948, by substituting paragraph (c).

37. Amends the Marketable Securities Tax Act, No. 32 of 1948, as follows:—paragraph (a) substitutes the word “Secretary” for the word “Commissioner” wherever it occurs; and paragraph (b) substitutes the word “Republic” for the word “Union” wherever it occurs.

37A. . . . . . .[S. 37A inserted by s. 22 of Act No. 103 of 1969 and repealed by s. 31 of Act No. 87 of 1988.]

38. Commencement.—This Act shall come into operation on the first day of October, 1968.

39. Short title.—This Act shall be called the Stamp Duties Act, 1968.

36

Schedule 1[Schedule 1 amended by ss. 7 and 8 of Act No. 20 of 1994, by ss. 15 to 17 incl. of Act No. 37 of 1996, by s. 19 (1) of Act No. 46 of 1996, by s. 21 (1) of Act No. 27 of 1997, by ss. 85 and 86 of Act No. 30 of 1998, by s. 18 of Act No. 31 of 1998, by ss. 10 (1), 11 (1), 12 (1), 13 (1) and 14 (1) of Act No. 32 of 1999, by s. 78 of Act No. 53 of 1999, by s. 72 of Act No. 30 of

2000, by s. 63 (1) of Act No. 59 of 2000, by ss. 41 and 42 of Act No. 5 of 2001, by ss. 61, 62, 63 and 64 of Act No. 19 of 2001, by ss. 146 (1) and 147 of Act No. 60 of 2001, by ss. 55 (1), 56 (1) and 57 (1) of Act No. 30 of 2002, by s. 113 of Act No. 74 of 2002, by s. 45 (1) of Act

No. 12 of 2003, by ss. 161, 162 and 163 of Act No. 45 of 2003, by ss. 41 (1) and 42 (1) of Act No. 16 of 2004, by ss. 90 and 91 of Act No. 32 of 2004, by ss. 16 (1), 17 (1) and 18 of Act No. 9 of 2005, by s. 99 Act No. 31 of 2005, by ss. 38 and 39 of Act No. 9 of 2006, by s. 75 of Act No. 20 of 2006, by s. 80 (1) of Act No. 8 of 2007 and by s. 103 (1) and (2) of Act No. 35 of

2007.]

TARIFF OF STAMP DUTIES

No. Description of Instrument Amount of Duty

R c1 . . . . . .

[Item 1 amended by s. 23 (1) of Act No. 103 of 1969

and deleted by s. 13 (1) of Act No. 88 of 1974.]

2 . . . . . .

[Item 2 amended by s. 13 (1) of Act No. 114 of 1977, by s. 7 (1) of Act No. 92 of 1983, by s. 10 (1) of Act

No. 69 of 1989 and by s. 14 (1) of Act No. 88 of 1974 and deleted by s. 16 (1) of Act No. 97 of 1993.]

3 . . . . . .

[Item 3 amended by s. 8 (1) of Act No. 92 of 1983 and by s. 11 (1) of Act No. 69 of 1989 and deleted

by s. 10 (1) of Act No. 32 of 1999.]

4 . . . . . .

[Item 4 deleted by s. 15 (1) of Act No. 88 of 1974.]

5 . . . . . .

[Item 5 amended by s. 24 (1) of Act No. 103 of 1969, by s. 16 of Act No. 88 of 1974, by s. 14 (1) of Act No. 114 of 1977, by s. 9 (1) of Act No. 92 of 1983, by s.

9 (1) (a) and (b) of Act No. 118 of 1984 and repealed by s. 61 (1) of Act No. 19 of 2001.]

6 . . . . . .

[Item 6 deleted by s. 17 (1) of Act No. 88 of 1974, inserted by s. 10 of Act No. 118 of 1984 and

amended by s. 4 (1) of Act No. 71 of 1986, by s 32 (1) of Act No. 87 of 1988, by s. 7 (1) of Act No. 136 of 1992, by s. 15 (1) of Act No. 37 of 1996, by s. 78 of Act No. 53 of 1999, by s. 62 of Act No. 19 of 2001 and by s. 146 (1) of Act No. 60 of 2001 and repealed by s. 16 (1) of Act No. 9 of 2005 with effect from 1

March, 2005.]

7 . . . . . . [Item 7 amended by s. 12 (1) of Act No. 66 of 1973,

by s. 18 (1) of Act No. 88 of 1974, by s. 15 of Act No.

37

114 of 1977, by s. 41 of Act No. 5 of 2001, by s. 55 (1) of Act No. 30 of 2002 and by s. 161 of Act No. 45

of 2003 and deleted by s. 41 (1) of Act No. 16 of 2004.]

8 . . . . . .

[Item 8 amended by s. 13 of Act No. 66 of 1973 and

deleted by s. 19 (1) of Act No. 88 of 1974.]

9 . . . . . .


10 . . . . . .


11 . . . . . .

[Item 11 amended by s. 12 of Act No. 89 of 1972, by s. 16 (1) of Act No. 114 of 1977, by s. 7 of Act No. 102 of 1979, by s. 10 (1) of Act No. 92 of 1983 and

by s. 11 (1) of Act No. 32 of 1999 and repealed by s. 63 (1) of Act No. 19 of 2001.]

12 . . . . . .

[Item 12 amended by s. 15 (1) of Act No. 66 of 1973, by s. 17 (1) of Act No. 114 of 1977 and by s. 11 (1)

of Act No. 92 of 1983 and deleted by s. 12 (1) of Act No. 32 of 1999.]

13 . . . . . .

[Item 13 amended by s. 12 (1) of Act No. 92 of 1983, by s. 12 (1) of Act No. 108 of 1986, by s. 85 of Act No. 30 of 1998 and by s. 162 of Act No. 45 of 2003


13A . . . . . .

[Item 13A inserted by s. 9 of Act No. 72 of 1970, substituted by s. 18 (1) of Act No. 114 of 1977,

amended by s. 8 of Act No. 99 of 1981, substituted by s. 13 of Act No. 92 of 1983, amended by s. 12 (1) of Act No. 69 of 1989, substituted by s. 8 (1) of Act No. 136 of 1991, amended by s. 7 of Act No. 20 of 1994 and by s. 16 (1) of Act No. 37 of 1996 and

repealed by s. 17 (1) of Act No. 9 of 2005 with effect from 1 March 2005.]

14

Lease or agreement of lease (including any instrument intended or operating as a lease or sub-lease or as an agreement to let or sub-let) whereby immovable property is let for a period as contemplated in section 22 (2) which is longer than five years, whether with or without other assets or rights, provided transfer duty is not chargeable in respect of such lease or agreement:

(1)In respect of a. lease or agreement, an amount of duty calculated on a sum equal to the aggregate amount of rent payable (exclusive of value-added tax) in respect of the period for which the lease or agreement is required to be stamped as provided in section 22 of this Act, plus the amount of any other consideration whatsoever, the amount of which is quantifiable at the time of execution of

38

that lease or agreement (excluding the duty payable under this item and exclusive of value-added-tax) due or payable in respect or by virtue of that lease or agreement at a rate of 0,5 per cent of the quantifiable amount of the lease: Provided—

(i)that where an amount of consideration in respect of a lease or agreement is not quantifiable at the time of execution of the lease, the duty calculated at a rate of 0,5 per cent on the sum of the amounts of that consideration which became quantifiable (exclusive of value-added tax) during 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 in the 12 months ending on the last day of February each year in the case of any other lessors; and

(ii)the duty payable under this Item, calculated on the aggregate amount of rent and any other consideration payable under any lease or agreement shall not exceed 8 per cent of the value of the property in relation to that lease or agreement, which value shall be determined in accordance with the provisions of sections 5, 6, 7 and 8 of the Transfer Duty Act, 1949 (Act No. 40 of 1949).

(2)Notwithstanding anything to the contrary in this Act contained, for the purposes of this Item an instrument which, if signed by the parties thereto, would constitute a lease or agreement as aforesaid or a continuance, renewal or extension thereof, shall, if signed by the lessee, be deemed to have been executed on the date on which it was so signed by the lessee, unless such instrument has within three months after that date also been signed by the lessor.

[Item 14 amended by s. 19 (1) of Act No. 114 of 1977, by s. 7 (1) of Act No. 95 of 1978, by s. 90 (1) of Act No. 32 of 2004, by s. 99 (1) of Act No. 31 of 2005 and by s. 38 (1) of Act No. 9 of 2006 and replaced by s. 80 (1) of Act No. 8 of 2007 deemed to have come into operation on 1 June 2007 and applicable in respect of—

(i)any lease or agreement of lease executed on or after that date; and

(ii)any lease or agreement of lease executed before that date in respect of which consideration becomes quantifiable on or after that date as a result of the application of section 8 (1) (e) of the Stamp Duties Act, 1968.]

15 . . . . . . [Item 15 amended by s. 25 (1) of Act No. 103 of

1969 and by s. 10 of Act No. 72 of 1970, substituted by s. 13 (1) of Act No. 89 of 1972, amended by s. 16 (1) of Act No. 66 of 1973, by s. 21 of Act No. 88 of

1974, by s. 3 (1) of Act No. 104 of 1976, by s. 20 (1) of Act No. 114 of 1977, by s. 8 (1) of Act No. 95 of

1978, by s. 8 (1) of Act No. 102 of 1979, by s. 21 (1) of Act No. 106 of 1980, by s. 9 of Act No. 99 of 1981,

39

by s. 7 (1) of Act No. 87 of 1982, by s. 14 (1) of Act No. 92 of 1983, by s. 11 (1) of Act No. 118 of 1984, by s. 11 (1) of Act No. 81 of 1985, by s. 5 (1) of Act No. 71 of 1986, by s. 13 (1) of Act No. 108 of 1986, by s. 11 (1) of Act No. 86 of 1987, by s. 33 (1) of Act No. 87 of 1988, by s. 14 (1) of Act No. 69 of 1989, by s. 83 of Act No. 89 of 1991, by s. 9 (1) of Act No. 136

of 1991, by s. 8 of Act No. 136 of 1992, by s. 17 of Act No. 97 of 1993, by s. 17 (1) of Act No. 140 of

1993, by s. 8 of Act No. 20 of 1994, by s. 17 (1) of Act No. 37 of 1996, by s. 19 (1) of Act No. 46 of

1996, by s. 21 (1) of Act No. 27 of 1997, by s. 86 (1) of Act No. 30 of 1998, by s. 18 of Act No. 31 of 1998, by s. 72 of Act No. 30 of 2000, by s. 63 (1) of Act No. 59 of 2000, by s. 42 of Act No. 5 of 2001, by s. 147 of Act No. 60 of 2001, by s. 56 (1) of Act No. 30 of

2002, by s. 113 of Act No. 74 of 2002, by s. 163 (1) of Act No. 45 of 2003, by s. 91 (1) of Act No. 32 of

2004, by s. 18 of Act No. 9 of 2005, by s. 100 (1) of Act No. 31 of 2005, by s. 39 (1) of Act No. 9 of 2006,

by s. 75 of Act No. 20 of 2006 and by s. 103 (1) of Act No. 35 of 2007 and repealed by s. 103 (2) of Act


16 . . . . . .



17 . . . . . .



18 . . . . . .

[Item 18 amended by s. 26 (1) of Act No. 103 of 1969, by s. 18 of Act No. 66 of 1973, by s. 34 of Act No. 87 of 1988, by s. 84 (1) of Act No. 89 of 1991, by s. 18 (1) of Act No. 97 of 1993, by s. 73 of Act No. 30

of 2000 and by s. 57 (1) of Act No. 30 of 2002 and repealed by s. 45 (1) of Act No. 12 of 2003.]

19 . . . . . .

[Item 19 amended by s. 23 (1) of Act No. 88 of 1974, by s. 16 (1) of Act No. 92 of 1983 and by s. 19 of Act No. 97 of 1993 and deleted by s. 14 (1) of Act No. 32

of 1999.]

20 . . . . . .

[Item 20 amended by s. 27 (1) (a) and (b) of Act No. 103 of 1969, by s. 19 of Act No. 66 of 1973, by s. 24 (1) of Act No. 88 of 1974, by s. 17 (1) of Act No. 92 of 1983, by s. 35 (a) and (b) of Act No. 87 of 1988, by s. 36 (6) of Act No. 9 of 1989, by s. 74 of Act No. 30 of 2000 and repealed by s. 64 (1) of Act No. 19 of

2001.]

21 . . . . . .

[Item 21 substituted by s. 28 (1) of Act No. 103 of 1969 and by s. 20 (1) of Act No. 66 of 1973,

amended by s. 25 (1) of Act No. 88 of 1974 and deleted by s. 36 of Act No. 87 of 1988.]

40

22 . . . . . .


Schedule 2LAWS REPEALED

Number and Year of Law Title or Subject of Law Extent of Repeal

No. 59 of 1962 Stamp Duties Act, 1962 The wholeNo. 77 of 1962 Finance Act, 1962 Section 24No. 70 of 1963 Revenue Laws Amendment Act, 1963. Sections 6 and 7.

No. 77 of 1964 Revenue Laws Amendment Act, 1964. Sections 19 to 23, inclusive.

No. 81 of 1965 Revenue Laws Amendment Act, 1965. Sections 9 to 14, inclusive.No. 94 of 1967 Revenue Laws Amendment Act, 1967. Sections 3 and 4.

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