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News & Press: SARS News & Tax Administration

New interpretation note on the transfer duty exemption for PBOs and statutory bodies

22 September 2015   (0 Comments)
Posted by: Author: SARS
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Author: SARS

SARS has released IN 22 to provide guidance on the interpretation and application of the following sections of the Transfer Duty Act: 

  • Section 9(1)(c), which exempts from the payment of transfer duty a PBO or any statutory body, which has as its sole or principal object the carrying on of any PBA, provided t he whole or substantially t he w hole of t he property acquired is used for carrying on one or more PBAs. 
  • Section 9(1A), which exempts from transfer duty the transfer of property by a PBO to any other entity controlled by that PBO.

For purposes of this Note, the transactions do not constitute taxable supplies of fixed property under section 7(1)(a) of the Value-Added Tax Act No. 89 of 1991. 

Please click here to view IN22 and here to view summary of updated notes (22 September 2015).


Section 240A of the Tax Administration Act, 2011 (as amended) requires that all tax practitioners register with a recognized controlling body before 1 July 2013. It is a criminal offense to not register with both a recognized controlling body and SARS.


The Act requires that a minimum academic and practical requirments be set to register with a controlling body. Click here for the minimum requirements of SAIT.

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