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Transfer duty exemption for section 21 company

Monday, 17 March 2014   (0 Comments)
Posted by: Author: SAIT Technical
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Author: SAIT Technical

The answer to this query is based on legislation as at 2014/03/17.

Q: Does a company incorporated under section 21 qualify for transfer duty exemption?

A: A public benefit organisation (PBO) which has been approved by the Commissioner under section 30(3) of the Income Tax Act will qualify for exemption from transfer duty on property which is acquired for purposes of carrying on one or more approved public benefit activity (PBA).

The exemption from transfer duty will also be considered in respect of a statutory body which has been established by or under any law and which is exempt from income tax in terms of section 10(1)(cA)(i) of the Income Tax Act and which has as its sole or principal object, the carrying on of an approved public benefit activity. (This would include public schools, universities, universities of technology (previously called technikons), museums, libraries etc.)

The exemption in section 9(1A) applies where the entity that qualifies for the exemption in terms of section 9(1)(c) transfers a property to another entity that it controls.The Act also contains an exemption for the acquisition of property by any institution or body for purposes of a public hospital in terms of section 9(1)(d). The conditions of the exemption are the same as those which apply to PBOs as explained above.



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.

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