SARS are still in the process of issuing documentation in respect of which documents and / or forms must be submitted by conveyancers to SARS' offices when application is made for a transfer duty exemption in terms of section 9(20) of the Transfer Duty Act, 1949, read together with paragraphs 51(1) and (2) of the Income Tax Act, 1962, where a primary residence is being transferred from a company or trust to a natural person. The following information is crucial and must be used in the interim until the documentation is simultaneously issued by SARS and the Law Society.

To comply with the requirements for these exemptions, which came into operation in terms of the Taxation Laws Amendment Act of 2009 and that will remain effective until 31 December 2011, the following documentation must be submitted:

• TD 1, TD 2 and TD 3 (provided the source document is anything other than a sale agreement); or
• TD 1 and TD 2 (provided the source document is a sale agreement); and
• Source document (provided it was executed between 11 February 2009 and 31 December 2011); and
• An affidavit by the natural person/s who acquires the property confirming the information as set out in paragraph 51 of the Eighth Schedule to the Act, namely:
• That he / she / they personally and ordinarily resided in the property since 11 February 2009 and have used it mainly for domestic purposes and will continue to do so until the date of registration or transfer;
• That the Company / Close Corporation has resolved to transfer the property to him / her / them (its shareholders/members), pursuant to the provisions of paragraph 51 of the Eighth Schedule to the Income Tax Act, 1962;
• That the property is less than 2 (two) hectares in extent; and
• That application is made in terms of Section 9(20) of the Transfer Duty Act, 1949, for exemption from the payment of transfer duty on the acquisition of the property.
• Additionally,
• An undertaking by the transferring attorney that he / she will submit the relevant documentation well in time to enable the Deeds Office to register the transaction by no later than 31 December 2011; and
• A copy of the share register of the company or the CK 1 [CK 2] of the close corporation together with an affidavit by the public officer that the information supplied on the relevant form reflects the position as at 11 February 2009; and
• A copy of the municipal account as proof that the appropriate natural person or that person's spouse resides in the residence; and
• A Deed search as proof of the date of registration of the property in the name of the company, the close corporation or the trust.

If transfer duty was inadvertently paid, for example in respect of an acquisition between 11 February 2009 and the date the concession took effect, an application for the appropriate refund of the transfer duty paid can be made in the normal manner. The same documentation must be submitted as in the case of an application for a refund relating to any other transaction:

• Rev 16 part A duly completed;
• Original receipt.