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Conversion of a share block scheme into sectional title exemption from transfer duty
5 Jun 2013
With effect from 1 January 2013, transfer duty is no longer payable in respect of a transaction contemplated in Item 8 of Schedule 1 to the Share Blocks Control Act, No 59 of 1980, whereby a right to, or interest in, the use of immovable property conferred by virtue of the ownership of a share in a share block company is converted to ownership of the immovable property concerned.
The amendment of section 9(19) of the Transfer Duty Act, No 40 of 1949 is contained in section 1 of the Taxation Laws Amendment Act, No 22 of 2102.
The exemption from payment of transfer duty in such circumstances was previously restricted to a natural person and only applied if the initial acquisition of the share was subject to duty in terms of the Transfer Duty Act. The exemption now applies in respect of any such transaction concluded on or after 1 January this year irrespective of whether the holder of the share is a natural or juristic person, and whether or not the transaction relating to the initial acquisition of the share was subject to payment of transfer duty at that time.
The exemption is extended further to include the acquisition by any person of a part of the immovable property of the share block company where that person had a right of use of that part of the property that was conferred on him or her by reason of the ownership of a share held in the share block company.
About Hugh Jackson
Hugh Jackson is a director in the Real Estate practice at Cliffe Dekker Hofmeyr. He specialises in property and mortgage finance, real security including notarial bonds, bank and institutional property and security-based transactions, regulation of money lending, commercial property development, property law generally and conveyancing. Contact Hugh at .
