How to Claim Transfer Duty from SARS

By Tevait Feanle •  Updated: 11/27/24 •  5 min read

Transfer duty can be a scary tax type to deal with, as few of us need to use it regularly. Unless you work in the property industry, you will only encounter it when purchasing a house worth more than one million rands, so many of us may never encounter it at all!  In some exceptional circumstances, transfer duty already paid on a property sale can be claimed back from SARS. While this is rare, it is still good to know- so we have covered the basics below.

- ADVERTISEMENT -

How to Claim Transfer Duty from SARS

Typically, if a refund of the transfer duty paid is needed, it will be handled by the relevant conveyancers via their tax platform and simply paid over to the correct party. However, these are the steps needed to initiate such a refund in these cases for your interest. In order to claim transfer duty back, you will need to have the following documents: a copy of the sale agreement, a copy of the transfer documents, and proof of payment of the transfer duty.

Now you can complete the Transfer Duty Return form online through the SARS eFiling system or by visiting a SARS branch. On the form, you will need to provide information about the property being transferred, the value of the property, and the amount of transfer duty paid. Once you have completed the Transfer Duty Return form, you can submit it to SARS by uploading it through the SARS eFiling system or by delivering it in person to a SARS branch.

After you have submitted your Transfer Duty Return, SARS will review it and determine if you are eligible for a refund. This process can take several weeks, so patience will be needed. The more complete your documentation is at the time of your claim, the faster the process will be. So don’t forget to upload all relevant supporting documents as requested by SARS. SARS will then issue a refund of the transfer duty to you. The refund will typically be processed directly into your bank account registered with SARS. So make sure the correct banking details are on their system before initiating the request! Changing bank details with SARS can be a lengthy process in itself, so it pays to be prepared.

SARS has the right to verify the information provided on the Transfer Duty Return, so it is critical that you ensure that all of the information is accurate and complete.

How Long Does it Take to Get Transfer Duty from SARS?

A transfer duty refund acts the same way as any other SARS refund. The volume of claims being processed, the accuracy of the information provided on the Transfer Duty Return form, and any discrepancies that need to be addressed by SARS will all factor into how soon the refund can be processed. Typically, the process of claiming transfer duty and receiving a refund will take several weeks. Once the refund is approved, it will be paid directly into your SARS-registered bank account. Be aware that banks can further delay the processing of payments, typically by 2-5 days. SARS has no control over this.

- ADVERTISEMENT -

What Happens After the Transfer Duty is Paid?

If your transfer duty is instead successfully paid on a South African property, transfer of ownership will begin. This is typically done by registering the transfer of ownership with the relevant authority, such as the Deeds Office. SARS will issue a Transfer Duty receipt, which you should keep for your records. 

Once the transfer of ownership has been registered, the new owner of the property will be allocated a Property Reference Number (PRN). This PRN is used to identify the property and is required for any future transactions related to the property.  The new owner of the property is responsible for paying all rates and taxes related to the property, including municipal rates and taxes and any other levies that may apply. If the previous owner of the property had outstanding rates and taxes, the new owner may be required to obtain a Rates Clearance Certificate before taking ownership of the property. This certificate confirms that all rates and taxes related to the property have been paid. This would be a matter for the buyer and seller to resolve, not SARS or the deeds office. Regrettably, the new owner may end up having to pay these outstanding amounts to resolve or expedite the process, so check this carefully before purchase.

Can you Claim VAT on Transfer Duty?

In most cases, the answer is no. If you, the buyer, are registered for VAT, and the property pertains to your business, you may claim back the VAT as a VAT input after the registration completes. However, this only pertains to business assets where property is the form of income generation, like developers and property investors.

Transfer duty is a complex tax type unto itself. Most people will only encounter it once or twice in a lifetime, thankfully! However, we hope this easy guide to SARS and transfer duty basics has helped you better understand it.

- ADVERTISEMENT -

Keep Reading

What Time Does SARS eFiling Open And Close?

What Time Does SARS eFiling Open And Close?

This article seeks to provide taxpayers with all the information about time SARS eFiling Open And Close and more

Stamp Duty – Everything You Need to Know

Stamp Duty – Everything You Need to Know

How to Request IRP5 from SARS

How to Request IRP5 from SARS

How to Request IRP5 from SARS. Your employer is legally obliged to provide you with this return annually when they file it with SARS

How to Get SARS Statement

How to Get SARS Statement

This blog post will give you the details you need to understand a SARS statement and how to obtain one online hassle-free

How to Register For PAYE Online

How to Register For PAYE Online

Register For PAYE Online. In this article, we will look at the process involved regarding PAYE on SARS efiling and other tax payments using efiling.

How to Request A SARS Statement Of Account on eFiling

How to Request A SARS Statement Of Account on eFiling

Learn how to request a SARS statement of account on eFiling in South Africa. Keep track of your tax payments and expenses with this easy guide.

How to Check SARS Tax Compliance Status

How to Check SARS Tax Compliance Status

Today, we are diving deeper into how to check (and prove) your SARS tax compliance status if you need to

How to Avoid Donations Tax In South Africa

How to Avoid Donations Tax In South Africa

By the end of this guide, you'll be equipped with valuable knowledge to navigate the South African donations tax landscape effectively.

What Happens if You Don’t Pay Taxes?

What Happens if You Don’t Pay Taxes?

Today we will look at some common questions around not paying tax in South Africa, and what to do for specific situations.

How to Complete DTR02 in South Africa

How to Complete DTR02 in South Africa

This article will explain how to complete the DTR02 form using the eFiling system. We will further offer some background info on the DTR01 record

NOO – Notice of Objection

NOO – Notice of Objection

NOO – Notice of Objection. This guide explains everything you should know about filing a Notice of No Objection (NOO). 

How to Pay SARS Through Absa Online Banking

How to Pay SARS Through Absa Online Banking

To pay SARS through Absa online banking, visit the Absa website home page and log into your account. Read on to learn how to pay SARS through Absa

How Long Does It Take For SARS to Pay Out Refund?

How Long Does It Take For SARS to Pay Out Refund?

What Expenses Are Tax Deductible In South Africa?

What Expenses Are Tax Deductible In South Africa?

What expenses are tax deductible in South Afric. Read on to learn the expenses that are tax deductible in South Africa.   

How Do You Know If You Owe SARS Money?

How Do You Know If You Owe SARS Money?

This blog post will answer all your questions about owing SARS money, including how to check how much you owe & what happens when you owe money