Stamp Duties Act, 1968 (Act No. 77 of 1968)

Chapter III: General Provisions Relating to the Stamping of Instruments

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

 

(2)*[Deleted by Revenue Laws Amendment Act, No. 32 of 2004].

 

(3)[Deleted by Act 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.

 

(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.