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Stamp Duties Act, 1968 (Act No. 77 of 1968)

Chapter III: General Provisions Relating to the Stamping of Instruments

5. Use of stamps in payment of duty

 

(1) The payment of any duty , interest, penalty or additional duty incurred under sections 9, 9A or 9B shall, be denoted by means of a stamp for the amount of that duty interest, penalty or additional duty: Provided that—
(i) [deleted by the Revenue laws Second Amendment Act No. 32 of 2005] ;
(ii) upon the issue of a special receipt for the duty, interest, penalty or additional duty paid in respect of an instrument and the issue of that receipt, the person by whom or under whose supervision that receipt is issued, must endorse upon the instrument concerned a certificate of the due payment of that duty, interest, penalty or additional duty.
(iii) the Commissioner may, subject to those conditions as he or she may impose and subject to the exercise of such control as he or she considers necessary, agree that payment of that duty, interest, penalty or additional duty may be acknowledged by means of the issue of a special receipt, and that an instrument which bears on its face the words "duty paid", shall for the purposes of this Act be deemed to be duly stamped.
(iv) where any person meets the requirements for the stamping of an instrument by electronic means as prescribed by the Commissioner, any electronic payments made by that person may be acknowledged by means of the issue of an electronic receipt, and any such instrument which bears on its face the words "duty paid", shall for the purposes of this Act be deemed to be duly stamped to the value of that electronic receipt;
(v) [deleted by the Revenue Laws Second Amendment Act No. 32 of 2005]

 

(2) Any certificate under proviso (ii) to subsection (1) shall contain a reference to the number and date of the receipt to which that certificate relates and shall set forth the amount of duty paid, and the instrument on which such certificate has been so endorsed shall for purposes of this Act be deemed to be stamped to the amount of the duty paid and set forth in the certificate.

 

(3)

(a) [deleted by Act 114 of 1977.]
(b) [deleted by Act 114 of 1977.]
(c) [deleted by Act 114 of 1977.]
(d) If any notarially executed instrument liable to duty is found to be not duly stamped after the expiry of the period allowed under this Act for the stamping of such instrument, the notary by or before whom the same was executed or passed, shall be liable to have the instrument duly stamped, but nothing herein contained shall be construed as exempting from liability for the duty or penalty, any other person who is under this Act liable in respect of the duty or penalty.