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Duty On Documents And Transfers Act (Cap. 364) Duty On Documents And Transfers (Amendment) Rules, 2004 (L.N. 7 Of 2004 )

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L.N. 7 of 2004

DUTY ON DOCUMENTS AND TRANSFERS ACT (CAP. 364)

Duty on Documents and Transfers (Amendment) Rules, 2004

IN exercise of the powers conferred by article 22 of the Duty on Documents and Transfers Act, the Minister of Finance and Economic Affairs has made the following rules:-

1. (1) The title of these rules is the Duty on Documents and Transfers (Amendment) Rules, 2004, and shall be read and construed as one with the Duty on Documents and Transfers Rules,1993, hereinafter referred to as the “principal rules”.

2004.
(2) These rules shall come into force on the 1st January

Amendment of rule

8 of the principal rules.

Addition of new rule 10 to the principal

rules.

2. For paragraph (2) of rule 8 of the principal rules there shall be substituted the following new paragraph:

“(2) The notice shall be word processed or in block letters and in the form set out in and shall contain the information required in the First Schedule to these rules in respect of a deed of transfer of any immovable property and in the Fourth Schedule to these rules in respect of a deed containing a declaration made in connection with article 33 of the Act.”.

3. Immediately after rule 9 of the principal rules there shall be added the following new rule 10:-

“Notice to be given

by transferee or

transferor on promise of a sale or

of a transfer of immovable property.

10. (1) For the purposes of article 3 (6) of the Act, the transferee and the transferor or their authorised representative shall give notice, of the relative promise of sale or of a transfer of any immovable property or any real right thereon, to the Commissioner.
(2) The notice shall be signed by all the parties to the agreement and shall be word processed or in block letters and in the form set out in and contain the information required in the Third Schedule to these rules.
(3) The Commissioner shall not accept payment of the relative provisional duty before the said notice has been filed.
(4) The Commissioner shall not accept such notice with the relative payment if not filed at the Office of the Commissioner (Capital Transfer Duty Department) within twenty one days following that on which the promise of a sale or of a transfer of immovable property or any real right thereon is made.
(5) The Commissioner shall be notified of all such promises of sale or of a transfer of any immovable property or any real right thereon made on or prior to the 31st December,
2003 by the 30th June, 2004; notification of all those made on
1st January, 2004 or after, shall be filed in the manner referred to in paragraph (4) hereof;
Provided that no notification shall be required in the case of promise of sale or of a transfer of an immovable property or real right thereon drawn prior to the 1st January,
2004, where deed is to be published prior to 1st July, 2004.
(6) An extension of the validity period of a promise of sale or of a transfer of an immovable property or a real right thereon shall be notified to the Commissioner within seven days following the date thereof in the same manner as provided for in paragraph (2).
(7) The receipt of the provisional payment of duty relating to the promise of a sale or of a transfer of immovable property or any real right thereon shall be annexed to the subsequent notarial deed when completed by the notary publishing such deed and such provisional payment shall be set off against the duty chargeable in terms of articles 32 and
40 of the Act.
(8) An authenticated copy of the receipt referred to in the preceding paragraph shall be also annexed to the Transfer Notice given by the notary publishing the relevant deed for the purposes of article 51 of the Act.
(9) The Commissioner shall be authorized to request additional information or the production of supporting documents he may deem necessary from time to time.
B 27
B 28

Amendment of the First Schedule to the principal rules.

Addition of a Third Schedule to the principal rules.

Addition of a Fourth Schedule to the principal rules.

(10) Claims for refund of any duty paid provisionally in terms of article 3(6) of the Act shall be made in writing jointly by transferor and transferee and endorsed by the Notary or Advocate who had authenticated the relevant promise of a sale or of a transfer of immovable property or any real right thereon and shall not be considered by the Commissioner unless he is satisfied that such promise of a sale or of a transfer of immovable property or any real right thereon, has lapsed or that both parties have agreed to terminate their obligation towards one another.”.

4. The First Schedule to the principal rules shall be substituted by the First Schedule appearing in Part I of the schedule to these Rules.

5. Immediately after the Second Schedule to the principal rules there shall be added the Third Schedule appearing in Part II of the Schedule to these Rules.

6. Immediately after the Third Schedule to the principal rules there shall be added the Fourth Schedule appearing in Part III of the Schedule to these Rules.

B 29

(Rules 4, 5, 6)

SCHEDULE

Part I

"FIRST SCHEDULE

This notice must be filed in triplicate

INTER VIVOS

NOTICE, (WORD PROCESSED OR IN BLOCK LETTERS), TO BE FILED ON DEEDS OF TRANSFERS FOR THE PURPOSE OF FINAL WITHHOLDING TAX AND/OR PROVISIONAL CAPITAL GAINS TAX

IN TERMS OF THE INCOME TAX ACTS, AND FOR THE PURPOSE OF ARTICLE 51 OF THE DUTY ON DOCUMENTS AND TRANSFERS ACT, CAP. 364.

Global Capital Gains Tax: Lm Duty on Documents: Lm

Notification of Promise of a

Sale or of a Transfer Number

DDT 1

B 30

DECLARATION BY NOTARY

1. An authenticated copy of the I.D. Card is to be annexed in respect of each individual and the I.T. No. or Company No. should be given where no I.D. Nos. exist.

2. Continuation Sheets may be used if necessary.

3. Details should be inserted in the space in the order specified.

4. In inter vivos transactions of immovable property a full description of such property is to be given and if need be a "block plan" and site plan on Land Registration Stationery duly signed by Architect should be annexed.

5. Photocopy of receipt of Provisional Duty on Documents payment (if applicable) is to be annexed.

Nature of Transaction:

Signature of Notary

FOR OFFICIAL USE

Provisional C.G.T. Paid: Lm

Final Witholding Tax : Lm

Duty on Documents Lm Provisional Duty Lm Total Lm

Receipt No/s :

Receipt No/s :

Date of Receipt/s:

Date of Receipt:

B 31

Part II

"THIRD SCHEDULE

This notice must be filed in duplicate

NOTICE, (WORD PROCESSED OR IN BLOCK LETTERS), TO BE FILED ON PROMISES OF SALE OR OF A TRANSFER OF IMMOVABLE PROPERTY OR ANY REAL RIGHT THEREON FOR THE PURPOSE

OF ARTICLE 3(6) OF THE DUTY ON DOCUMENTS AND TRANSFERS ACT, CAP. 364.

DDT 3

B 32

DECLARATION BY TRANSFEROR/S AND TRANSFEREE/S

1) A full description of the immovable property or any real right thereon is to be given and a "block plan" and siteplan on Land Registration Stationery duly signed by Architect

is to be annexed.

2) An authenticated copy by a Notary Public or by an Advocate of the promise of sale or of the transfer of immovable property or any real right thereon should be annexed.

3) Continuation Sheets may be used if necessary.

4) Details should be inserted in the space in the order specified.

Nature of Transaction:

Signature of transferor/s Signature of transferee/s

Name of Witness to Signatures (Notary or Lawyer)

Signature and rubber stamp of witness

N.B. This notice is invalid if cheque is dishonoured.

FOR OFFICIAL USE

Provisional Duty Paid: LM Receipt No/s:

Date of Receipt/s

B 33

Part III

"FOURTH SCHEDULE

This notice must be filed in triplicate CAUSA MORTIS

NOTICE, (WORD PROCESSED OR IN BLOCK LETTERS), TO BE FILED ON DECLARATIONS CAUSA MORTIS FOR THE PURPOSE OF ARTICLE 51 OF THE DUTY ON DOCUMENTS AND TRANSFERS ACT, CAP. 364

DECEASED

FOR OFFICIAL USE ONLY

DDT 4

B 34

DECLARATION BY NOTARY

1. In the case of a deed of declaration made in terms of article 33 of the Duty on Documents and Transfers Act, (Cap 364) a copy of the relative deed and of any Will or Wills, or extract thereof, and any other relevant documents, including site plans of rural property, should be annexed.

2. In respect of declarations causa mortis clearly indicate by marking the appropriate box with an "x".

Testate Intestate

Nature of Transaction:

Signature of Notary

FOR OFFICIAL USE

Duty on Documents: Lm

Receipt No/s :

Date of Receipt :