Section 43: Refund of duty or tax
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
43. Refund of duty or tax
(1) Where duty or tax has been properly levied on any document in accordance with Parts II, III, IV and VIA, the duty or tax shall not be refunded
whatever may be the effect of any subsequent event or declaration on the
transaction witnessed by the document.
(2) Where duty or tax has not been properly levied—
(a) application may be made to the Registrar-General for a
refund; and
(b) subject to section 44, the Registrar-General may refund the excess.
(3) Where the owner of a campement or campement site proves to the
satisfaction of the authorised officer that he has paid tax under Part V or
Part VI in excess, the authorised officer may, subject to section 44, refund the
amount paid in excess.
[S. 43 amended by Act 9 of 1997; s. 14 (n) of Act 23 of 2001 w.e.f. 11 August 2001; s. 17 (j)
of Act 20 of 2002 w.e.f. 1 July 2002; s. 19 (q) of Act 15 of 2006 w.e.f. 7 August 2006; s. 32
(d) of Act 9 of 2015 w.e.f. 14 May 2015.]
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Questions this section answers
- If I overpaid duty or tax, can I apply to the Registrar-General for a refund?
- If duty was correctly charged at the time, can I get it back later just because circumstances changed?