Transfers Act) Order, 2023

L.N. 289 of 2023

DUTY ON DOCUMENTS AND TRANSFERS ACT

(CAP. 364)

Periods of Applicability of Exemptions (Duty on Documents and

Transfers Act) Order, 2023

IN EXERCISE of the powers conferred by article 23 of the Duty

on Documents and Transfers Act, the Minister responsible for finance,

has made the following order:-

The title of this order is the Periods of Applicability of Citation.

Exemptions (Duty on Documents and Transfers Act) Order, 2023.

PART I

Amendments to the Exemption of Duty in terms of article 23 Order

This Part amends the Exemption of Duty in terms of article Amendments to

23 Order and it shall be read and construed as one with the Exemption the

of Duty in terms

of Duty in terms of article 23 Order, hereinafter in this Part referred to of

Order.

as "the principal order".

Article 3 of the principal order shall be amended as Amends article

3 of the

principal order.

(a) in the third proviso thereof the words "1st January

2024" shall be substituted by the words "1st January 2025"; and

(b) in the sixth proviso thereof the words "the 28th

February 2024" shall be substituted by the words "the 28th

February 2025".

The first proviso to sub-article (1) of article 4 of the Amends article

4 of the

principal order shall be substituted by the following new proviso

principal order.

"Provided that

(a) this article shall not apply to a transfer

where a notice of a promise of sale agreement in

relation to that transfer was given in accordance

with the provisions of article 3(6) of the Duty on

Documents and Transfers Act or of any rules

made thereunder before the 18th October 2016;

(b) subject to paragraph (a) and to the

other provisions of this article, this article shall

only apply where no relief is claimed in

accordance with article 32C of the Duty on

Documents and Transfers Act and provided that

either of the following two conditions is satisfied

(i) the final deed relative to the said

transfer is made by the 31 st December 2023

and the notice of the said final deed is given

to the Commissioner for Tax and Customs

by the 29 th February 2024; or

(ii) notice is given in accordance with

the provisions of article 3(6) of the Duty on

Documents and Transfers Act or of any rules

made thereunder by the 31st December 2023

of a promise of sale agreement in relation to

such transfer;

(c) without prejudice to the provisions of

the fourth proviso to this sub-article, a promise of

sale agreement shall be deemed as being an

agreement in relation to a transfer when all the

following conditions are satisfied

(i) the final deed relative to the said

transfer is made in accordance with the same

terms and conditions agreed to in the said

promise of sale agreement;

(ii) the transfer is made by the same

person who appeared on the said promise of

sale agreement as the person who has

promised to transfer the property in question

or his heir; and

(iii) the transfer is made

(a) to the same person who

appeared on the said promise of sale

agreement as the person who has

promised to acquire the property in

question or his heir; or

(b) where the said promise of

sale agreement has been assigned to

another person or where an agreement

of a promise of assignment of the said

promise of sale agreement has been

concluded, and notice of the said

assignment or promise of assignment

has been given in accordance with the

provisions of article 3(6) of the Duty on

Documents and Transfers Act or of any

rules made thereunder by the 31st

December 2023, to the same person to

whom the said promise of sale

agreement has been assigned or with

whom the agreement of a promise of

assignment of the said promise of sale

has been concluded, or his heirs;".

PART II

Amendments to the Duty on Donations of Marketable Securities

and Immovable Property Used for Business (Exemption) Order

This Part amends the Duty on Donations of Marketable Amendments to

the Duty on

Securities and Immovable Property Used for Business (Exemption) Donations of

Order and shall be read and construed as one with the Duty on Marketable

Securities and

Donations of Marketable Securities and Immovable Property Used for Immovable

Property Used for

Business (Exemption) Order, hereinafter in this Part referred to as "the Business

(Exemption)

principal order".

Order.

In article 3 of the principal order the words "1st January Amends article

3 of the

2024" shall be substituted by the words "1st January 2025".

principal order.

In the proviso to sub-article (1) of article 4 of the principal Amends article

order, the words "the 31st December 2023." shall be substituted by the 4 principal

of the

order.

words "the 31st December 2024.".

PART III

Amendments to the Duty on the Acquisition of the Second

Immovable Property to be used as Sole Residence (Exemption)

Order

This Part amends the Duty on the Acquisition of the

Second Immovable Property to be used as Sole Residence (Exemption)

Order and shall be read and construed as one with the Duty on the

Acquisition of the Second Immovable Property to be used as Sole

Residence (Exemption) Order, hereinafter in this Part referred to as

"the principal order".

In article 6 of the principal order the words "31st December

2023" shall be substituted by the words "31st December 2024" and the

words "28th February 2024" shall be substituted by the words "28th

February 2025".

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