Transfer Duty Act, 1949 (Act No. 40 of 1949)12. Registration of acquisition of property prohibited where duty not paid |
| (1) | No registration officer shall make any record in his deeds registry of an acquisition of property unless there has been produced to him proof, other than a receipt for a deposit on account of duty— |
| (a) | that any duty payable under this Act or any other law has been paid in respect of the acquisition in question; and |
| (b) | where the property is to be transferred from the registered owner direct to a person who acquired the property from an intermediary contemplated in the Alienation of Land Act, 1981 (Act No. 68 of 1981), that any duty payable under this Act or any other law has been paid in respect of the acquisition of the property by the intermediary who acquired the property from the registered owner, and in respect of each subsequent acquisition of the property by any person who is also an intermediary as contemplated in the said Act. |
[Section 12(1)(b) substituted by section 4 of Act No. 86 of 1987]
[Section 12(1) substituted by section 2 of Act No. 92 of 1971]
| (2) | The provisions of subsection (1) shall not apply with reference to an acquisition of property in respect of which there is lodged with the registration officer a certificate issued in terms of section 11(3)(a) or 9(15)(c). |
[Section 12(2) substituted by section 80 of Act No. 89 of 1991]
| (3) | Any dispute as to any person's right to exemption from the payment of duty shall be referred by the registration officer to the Commissioner. |
[Section 12(3) substituted by section 2 of Act No. 72 of 1970]
[Section 12 substituted by section 8 of Act No. 103 of 1969]