DUTY ON DOCUMENTS AND TRANSFERS

[S.L 364.06

SUBSIDIARY LEGISLATION 364.06 DUTY ON DOCUMENTS AND TRANSFERS RULES

25th November, 1992
LEGAL NOTICE 98 of 1993, as amended by Legal Notices 57 of 1994, 75 of 1997, 350 of 2002, 7, 112, 348 and 352 of 2004, 113 of 2006, 425 of 2007, 189 and 350 of 2009, and 310 and 452 of 2010.

1. The title of these rules is the Duty on Documents and Transfers Rules. 2. (1) The duty in respect of any document or transfer executed in Malta shall be made at the Office of the Commissioner within fifteen working days following that on which the document or transfer is completed. (2) Payment of duty in respect of any document denoted by means of franking machines shall be effected before the relative document is drawn up, signed or completed. (3) Payment of duty in respect of documents executed outside Malta which are liable to duty by reason of their use in Malta shall be effected at the Office of the Commissioner before use thereof is made in Malta. (4) Payment of duty in respect of a schedule of redemption of ground-rent to be filed in court shall be noted by the Commissioner and it shall not be lawful to file any such schedule in Court before payment thereof has been made. (5) The duty chargeable on any transfer referred to in articles 32 , 3 3 and 40 o f the D uty o n D ocum ents and Tran sf ers Act, hereinafter referred to as "the Act", shall be paid by means of a bank draft or a cheque drawn by the Notary who published the transfer deed and a copy of the notice mentioned in article 51 of the Act and to which the First Schedule refers, duly stamped by the Commissioner, shall be annexed to the deed relating to the transfer by the notary publishing such deed: Provided that where payment is effected by means of a bank draft within the time in which such duty is payable in accordance with these rules, no liability shall attach on the notary or the parties to the deed if the bank draft is subsequently not honoured by the bank issuing the draft. (6) The receipt for the duty paid on any transfer referred to in articles 36, 37, 39 and 42 of the Act shall be annexed to the document relating to such transfer. 3. (1) The value of any property subject to duty under the Act, transferred inter vivos or transmitted causa mortis, shall be the value of such property on the date of the said transfer inter vivos or on the date of death of the person from whom the transfer causa mortis originates, as the case may be, (hereinafter referred to as " t h e r el ev a n t d at e" ) a nd su c h v a lu e sh a ll b e es ta b li sh e d i n

Citation. Manner of payment of duty etc. Amended by: L.N. 350 of 2002.

Cap. 364.

Value of property. Amended by: L.N. 57 of 1994; L.N. 75 of 1997; L.N. 350 of 2002.

S.L.364.06]

DUTY ON DOCUMENTS AND TRANSFERS

accordance with the following provisions. (2) The value of the full ownership of any property on the relevant date shall be the average price which such property would fetch if sold on the open market on that date, due regard being had to all circumstances affecting such property: Provided that in the case of a transfer by a gratuitous title by a person to his spouse, descendants and ascendants in the direct line and their relative spouses, or in the absence of descendants to his brothers or sisters and their descendants, who acquire such property for the purpose of establishing therein or constructing thereon their sole, ordinary residence, the value thereof shall be deemed to be eighty per centum of the market value of the land so transferred together w ith the cost to make the im prov em ents thereon in the state that they are on the date of transfer, if any. (3) The value of the usufruct of any property on the relevant date shall be established as follows: (a) where the duration of the usufruct is for the life of the usufructuary or for any other indefinite period, the value of the usufruct shall be the percentage of the value of the full ownership set out in the Second Schedule reckoned according to the age of the usufructuary on that date: so however that where a usufruct devolves on several persons jointly or successively, or jointly and successively, and the provisions of the Act apply, the value of the usufruct shall be determined according to the age of the youngest of such persons on the relevant date; (b) subject to the provisions of paragraph (c), where the duration of the usufruct is limited to a definite period, the value of the usufruct shall be one and a half per cent of the value of the full ownership of the property multiplied by the number of years, or the remaining number of years, (in all cases a fraction of a year being taken as one whole year), of the duration of such usufruct; (c) the provisions referred to in paragraph (b) are: (i) where, having regard to the age of the person, or if the usufruct devolves jointly or successively, or jointly and successively, on more than one person, the age of the youngest of such persons, upon whom the usufruct devolves on the relevant date, the value of such usufruct established in accordance with the provisions of paragraph (a) is less than the value established in accordance with the provisions of paragraph (b), the value of the usufruct shall be that established in accordance with the provisions of the said paragraph (a); where it is provided that the usufruct is to terminate on the death of a stated person even if such death happens before the expiration of the

(ii)

DUTY ON DOCUMENTS AND TRANSFERS

[S.L 364.06

definite period, the value of the usufruct shall also be that established in accordance with the provisions of paragraph (a) or of paragraph (b), whichever value is the less, having regard to the age of the said person on the relevant date; (iii) in no case shall the value of the usufruct established in accordance with the provisions of paragraph (b) hereof exceed the value of the full ownership of the property; (d) where a usufruct devolves on several persons jointly or successively, or jointly and successively, and the provisions of the Act apply (i) where the usufruct devolves jointly, or jointly and successively to the same persons, each person shall be deemed to have received a portion of the value of the usufruct calculated in terms of the said provisions as is equal to the proportion obtained by taking as denominator the sum of the percentages appearing in the Second Schedule as are appropriate to the age of each beneficiary on the relevant date, and as numerator the percentage appropriate to the said person; where the usufruct devolves successively, the first beneficiary thereof shall be deemed to be the sole beneficiary: Provided that if any other beneficiary is of a younger age than the first beneficiary on the relevant date, both the beneficiaries and any other beneficiary who is younger than him, shall be treated as beneficiaries, and the portion of the value of the usufruct received by the first beneficiary shall be the value attributable to him under the Second Schedule, and the portion of the value of the usufruct received by any other beneficiary shall be deemed to be that portion of the value of the usufruct as is equivalent to the value attributable to him under the said Schedule, less any part so attributable to any other beneficiary of an older age also benefiting from the said usufruct.

(ii)

(4) The value of the nuda proprietas on the relevant date shall be the difference between the value of the full ownership of the property on that date and the value on the same date of the usufruct encumbering it established in accordance with the provisions of sub-rule (3). (5) The value of the dominium utile of any property on the relevant date shall be established as follows: (a) where the dominium utile is perpetual, or where its remaining period is not less than fifty years, the value of the dominium utile shall be the difference between

S.L.364.06]

DUTY ON DOCUMENTS AND TRANSFERS the value of established in rule (2) and established in rule(7)(a); the full ownership of the property accordance with the provisions of subthe value of the dominium directum accordance with the provisions of sub-

(b) where the remaining period of the dominium utile is less than fifty years, the value of the dominium utile shall be such portion of the value of the dominium utile of the same property, established as if it were perpetual in accordance with the provisions of paragraph (a), as takes fairly and adequately into account the duration of the remaining period and all other relevant circumstances. (6) The value of the dominium directum of any property on the relevant date shall be established as follows: (a) where the dominium utile of the property is perpetual, or where its remaining period is not less than fifty years, the value of the dominium directum of that property shall be: in respect of a transfer causa mortis, the value resulting from the capitalization of the annual ground rent at the rate of eight per cent; (ii) in respect of any document whereby a schedule of redemption of ground rent is filed in Court, the value resulting from the capitalisation of the annual ground rent as established in any law governing such redemption; and (iii) in any other case, the value or the amount of the consideration, whichever is the higher, which the annual ground rent would fetch if redeemed or transferred on the open market; (b) where the remaining period of the dominium utile of the property is less than fifty years, the value of the dominium directum of that property shall be the difference between the value of the full ownership of that property and the value of its dominium utile on the same date established in accordance with the provisions of sub-rule (5)(b). (7) (a) Where the consideration for a transfer or the value upon which the duty is to be assessed consists of a periodical payment in perpetuity, or for a period of twenty years or more, or for an indefinite period, an ad valorem duty shall be charged on the total amount payable during the period of twenty years. (b) Where the periodical payment is to continue for a definite period of less than twenty years, an ad valorem duty shall be charged on the total amount payable during such period. (c) Where the periodical payment is to continue during any life or lives, an ad valorem duty shall be charged (i)

DUTY ON DOCUMENTS AND TRANSFERS

[S.L 364.06

on the total amount payable during the period of twelve years. (d) Where a document is chargeable with ad valorem duty in respect of an amount expressed in foreign currency, the duty shall be calculated on such amount converted into Maltese currency at the rate of exchange current on the day of the date of the document. 4. (1) The declaration of a transfer causa mortis to be made in terms of article 33 of the Act shall be made within six months of the relative transfer causa mortis. (2) The declaration shall contain: (a) the particulars referred to in article 28(1)(c) of the Notarial Profession and Notarial Archives Act in respect of the transferee causa mortis and of the person from whom the transfer causa mortis originates; (b) the precise description of all the immovable property or rights thereon transferred to the transferee causa mortis including the requirements listed in article 28(1)(f)(ii) of the Notarial Profession and Notarial Archives Act; and (c) an indication of whether the transfer causa mortis devolved on intestacy or otherwise, as well as a reference to any will or any decree or judgement of any court whereby the succession was declared open in favour of the transferee causa mortis. 5. (1) Where the total duty payable at the rates specified in article 32 of the Act on the value of any property contained in a declaration made by a transferee causa mortis in accordance with article 33 of the said Act is less than two thousand and three hundred euro (2,300) such duty shall, for the purposes of article 34 of the Act, be rebated by an amount of 250 and where such rebate exceeds the amount of duty chargeable the rebate shall be reduced to the amount of duty so chargeable. (2) Where a transferee causa mortis omits to make in a declaration a full statement of all the property transferred to him comprised in the transfer causa mortis, any subsequent declaration making a statement of such property shall be deemed as one with the first declaration and the said rebate shall apply to all the declarations made by a transferee causa mortis in respect of any one transfer causa mortis cumulatively. (3) Such rebate shall not apply to such part of the duty in respect of any property transferred to a transferee causa mortis and contained in any declaration made more than six months after the happening of the relative transfer causa mortis. 6. The memorandum of an auction sale mentioned in article 39 of the Act shall contain a description of the article sold, the price and lot number thereof, the date of the sale, the name and address of the bidder to whom the sale is made, the total amount
Memorandum of auction sales. Rebate of duty. Amended by: L.N. 425 of 2007. Cap. 55. Declaration of transfers causa mortis.

S.L.364.06]

DUTY ON DOCUMENTS AND TRANSFERS

payable by each bidder for the article or articles purchased and the duty which may be due in accordance with the provisions of the Act.
Transfers causa mortis of company shares.

7. (1) For the purposes of article 46 of the Act, a person to whom shares in a limited liability company registered in Malta are transmitted causa mortis shall not later than six months after the happening of the transfer causa mortis give notice thereof to the Registrar of Companies. (2) The notice shall contain: (a) the name and last address of the person from whom the transfer causa mortis originates; (b) the name and address of the transferee causa mortis; (c) the number of the official document produced for ascertaining the identity of the transferee causa mortis and of the person from whom the transfer causa mortis originates; (d) a complete list of the shares included in the transfer, irrespective of whether the company to which the transfer refers is registered with the Registrar of Companies or otherwise; and (e) the manner in which the shares devolved on the transferee causa mortis giving all the details as are referred to in rule 4(2)(c). (3) The Registrar of Companies shall register and index the said notice by reference to the name of the transferee, the name of the person from whom the transfer causa mortis originates, and the name of the company to which the shares refer. (4) The payment of duty shall be indicated by the Commissioner on the notice aforesaid, and no such notice shall be accepted by the Registrar of Companies unless the payment of the relative duty is so indicated thereon.

Notice to be given by Notary on deeds of transfer. Amended by: L.N. 75 of 1997; L.N. 7 of 2004.

8. (1) For the purposes of article 51 of the Act, the notary shall give notice of the relative deed to the Commissioner and it shall not be lawful to deliver a note of enrolment for registration in the Public Registry of such deed before it has been ascertained that such notice has been filed with the Commissioner. (2) The notice shall be word processed or in block letters and in the form set out in and shall contain the information required in the First Schedule in respect of a deed of transfer of any immovable property and in the Fourth Schedule in respect of a deed containing a declaration made in connection with article 33 of the Act. (3) The Commissioner shall not accept payment of the relative duty before the said notice has been filed.

Refund of duty.

9. (1) Claims for the refund of any duty under article 62 of the Act shall be made in writing and shall not be considered by the Commissioner if made after four years from the payment of the duty.

DUTY ON DOCUMENTS AND TRANSFERS (2) Act -

[S.L 364.06

In the case of an assessment served under article 54 of the (a) no claim for refund or adjustment shall be made after the lapse of four years from the date on which the assessment to which the claim refers becomes final and conclusive in accordance with the provisions of the Act; and (b) in cases where no duty is chargeable, the claim may be made within ten years of the date of the inter vivos or causa mortis transfer.

(3) Documents, other than notarial acts, in respect of which a refund is claimed shall be surrendered to the Commissioner. 10. (1) For the purposes of article 3(6) of the Act, the transferee and the transferor or their authorised representative shall give notice, of the relative promise of sale or of a transfer of any immovable property or any real right thereon, to the Commissioner: Provided that no notice shall be given and no payment of provisional duty shall be made where the Housing Authority or the Government of Malta is the transferor or where the Enemalta Corporation, or Water Services Corporation or Lands Department or the Housing Authority is the transferee. (2) The notice shall be signed by all the parties to the agreement and shall be word processed or in block letters and in the form set out in and contain the information required in the Third Schedule: Provided that a promise of sale or of a transfer of an immovable property or any real right thereon made on or prior to the 31st December, 2003 shall be valid where notification thereof is given by either the transferor or the transferee or their authorised representative. (3) The Commissioner shall not accept payment of the relative provisional duty before the said notice has been filed. (4) The Commissioner shall not accept such notice with the relative payment if not filed at the Office of the Commissioner (C apital Transf er D uty D epar tm ent) with in tw enty -on e days following that on which the promise of a sale or of a transfer of immovable property or any real right thereon is made: Provided that where the last day on which such a notice is to be filed falls on a Saturday or a public holiday as established in the National Holidays and other Public Holidays Act, that day shall be deemed to fall on the first working day, other than a Saturday, following the said Saturday or public holiday. (5) The Commissioner shall be notified of all such promises of sale or of a transfer of any immovable property or any real right thereon made on or prior to the 31st December, 2003 by the 31st October, 2004; notification of all those made on 1st January, 2004 or after, shall be filed in the manner referred to in subregulation (4):
Notice to be given by transferee or transferor on promise of a sale or of a transfer of immovable property. Added by: L.N. 7 of 2004. Amended by: L.N. 112 of 2004; L.N. 348 of 2004; L.N. 352 of 2004; L.N. 350 of 2009.

Cap. 252.

S.L.364.06]

DUTY ON DOCUMENTS AND TRANSFERS

Provided that no notification shall be required in the case of promise of sale or of a transfer of an immovable property or real right thereon drawn prior to the 1st January, 2004, where deed is to be published prior to 1st November, 2004. (6) An extension of the validity period of a promise of sale or of a transfer of an immovable property or a real right thereon shall be notified to the Commissioner within twenty-one days following the date thereof in wr iting together w ith an indication of the Notification Number of the promise of sale and signed by either of the parties to the agreement or an authorised representative. (7) The receipt of the provisional payment of duty relating to the promise of a sale or of a transfer of immovable property or any real right thereon shall be annexed to the subsequent notarial deed when com pleted by the notary publishing such deed and such provisional payment shall be set off against the duty chargeable in terms of articles 32 and 40 of the Act. (8) An authenticated copy of the receipt referred to in the preceding subregulation shall be also annexed to the Transfer Notice given by the notary publishing the relevant deed for the purposes of article 51 of the Act. (9) The Commissioner shall be authorized to request additional information or the production of supporting documents he may deem necessary from time to time. (10) Claims for refund of any duty paid provisionally in terms of article 3(6) of the Act shall be made in writing jointly by transferor and transferee and endorsed by the Notary or Advocate who had authenticated the relevant promise of a sale or of a transfer of immovable property or any real right thereon and shall not be considered by the Commissioner unless he is satisfied that such promise of a sale or of a transfer of immovable property or any real r ight th ereon , h as lap sed or th at both p arties have agr eed to terminate their obligation towards one another.
Transfer of company shares. Added by: L.N. 310 of 2010. S.L. 123.27.

11. (1) Subject to the provisions of article 42(2)(c) of the Act, the provisions of rules 5(6) and (7) of the Capital Gains Rules shall apply mutatis mutandis for the purpose of determining the real value of a company and the real value of shares in a company referred to in article 42(3) of the Act and references in the said subrules to "market value" shall be construed as references to "real value". (2) Notwithstanding the provisions of sub-rule (1), the real value of marketable securities consisting of shares which do not participate in any way in the profits of a company other than by way of a fixed rate of return, shall be the book value of such shares as resulting from the companys financial statements or such other value as the com missioner may determ ine in accordance with article 10 of the Act. (3) The transferee in any transfer of shares, other than a transfer of shares referred to in sub-rule (2), shall submit to the C o m m i s si o n e r a s t a t e m e n t p r e p a r e d b y a c e r t i f i e d p u b l i c accountant holding a practicing certificate in auditing made on the

DUTY ON DOCUMENTS AND TRANSFERS

[S.L 364.06

form prescribed in the Sixth Schedule including a computation of the real value of the shares as required by sub-rule (1), and shall be accompanied, where applicable, by an architects valuation of the r eal val ue of t he im m ov ab le p r op er ty tak en in to ac cou nt in determining the value of the shares. (4) The statement referred to in sub-rule (3) shall be delivered in triplicate to the Commissioner together with the payment of duty due on the transfer and the Commissioner shall stamp one of the copies in acknowledgement of the receipt of same and return it to the person who submitted it. The Commissioner shall not consider that delivery or the notice of the transfer required in accordance with the Act as valid unless payment is made as aforesaid. 12.(1)(i) Where as a result of a change in the issued share capital of a com pany or a change in voting righ ts attached to such shares, (herein after referred to as the "change"), a transfer of value as provided for in article 42B of the Act is deemed to have taken place, the value transferred to the transferee, shall be determined in accordance with the following formula: Y = ( (A B) + C D ) x - 1 Where (a) "Y" represents the amount to be determined; (b) "A" is the real value of the shares held by the transferee in the company immediately before the change; (c) "B" is the real value of the shares held by the transferee in the company immediately after the change; (d) "C" is the consideration paid by the transferee for the acquisition of shares or additional shares issued by the company, where the change consists of an issue of share capital for consideration; (e) "D" is the amount paid by the company in respect of a cancellation of shares held by the transferee, where the change consists of a reduction of share capital: Provided that where the result of the formula is a negative amount the value of "Y" shall be taken to be zero: Provided further that where the transferee does not hold any shares in the company immediately before or after the change, the value of "A" or "B" in the said formula, as the case may be, shall be taken as zero: Provided also that, where the change in the issued share capital consists of a conversion of securities, for the purpose of paragraphs (b) and (c) the real value of shares, which do not participate in any way in the profits of a company other than by way of a fixed rate of return, shall be taken as zero.
Transfer of value. Added by: L.N. 310 of 2010.

10

S.L.364.06]

DUTY ON DOCUMENTS AND TRANSFERS (ii) The amount determined in accordance with the said formula shall be deemed for the purpose of article 42B of the Act, to be the value transferred by the transferor to the transferee and such value shall be deemed to have passed into shares in or rights over the company held by the transferee on which duty is chargeable in accordance with the provisions of article 42 of the Act.

(2)

For the purpose of sub-rule (1): (i) the real value of shares held in a company is a percentage of the real value of the said company corresponding to the percentage of the issued share capital represented by the nominal value of those shares;

(ii) where the issued share capital of the company is made up of different classes of shares (whether before or after the change in the issued share capital) or where the change consists of an alteration of voting rights, the real value of shares held in the company shall, notwithstanding paragraph (i), be the percentage of the real value of the said company corresponding to the percentage of the total voting rights in the company represented by the total voting rights attached to those shares; (iii) notwithstanding paragraph (ii), where the value of "Y" as determined by the application of sub-paragraph (i) is higher than the value of "Y" as determined by the application of sub-paragraph (ii), the value of "Y" is to be determined by the application of sub-paragraph (i). (3) The real value of a company shall, for the purpose of subrule (2), be determined in accordance with rules 5(6) and (7) of the Capital Gains Rules, and references in the said sub-rules to "market value" shall be construed as references to "real value": Provided that in determining the real value of the company, the total net asset value referred to in rule 5(6) of the said rules shall be that resulting from an accounting statement prepared by a certified public accountant holding a practicing certificate in auditing, to be drawn up as at the date of the deemed transfer of value. The accounting statement shall consist of two balance sheets showing the position of the company immediately before and after the change and shall be drawn up using the same methods and the same layout as used for its financial statements for the financial year preceding that in which the change takes place. (4) On a subsequent transfer of the shares held by the transferee immediately after the change, made before the end of the financial year in which the change took place, the real value taken into account in determining the amount chargeable to duty shall, notwithstanding the provisions of rule 11(1), not be lower than the value of "B" referred to in subrule (1)(i)(c) of this rule, being the value taken into account in determining the value transferred. (5) The transferee in any transfer of value referred to in this rule shall submit to the Commissioner a computation of the real value

S.L. 123.27

DUTY ON DOCUMENTS AND TRANSFERS

[S.L 364.06

11

of the shares, made on the form prescribed in the Fifth Schedule, accompanied by the accounting statement referred to in sub-rule (3) and by an architects valuation of the real value of the immovable pr op er ty take n i nto acco un t i n d eter m in in g th e v alu e o f t he company. (6) The form referred to in sub-rule (5) shall be delivered in triplicate to the Commissioner and the transferee shall, together with the delivery, pay to the Commissioner the amount of duty due on the transfer in accordance with article 49(2) of the Act. (7) The Commissioner shall stamp one of the copies of the form submitted in accordance with sub-rule (5) in acknowledgement of the receipt of same and return it to the person who submitted it. (8) Where a transfer of value is exempt from duty by virtue of the proviso to article 42B of the Act, other than sub-paragraph (iv) of the said proviso, the transferee shall submit to the Commissioner a statement made on the form prescribed in the Seventh Schedule. (9) For the purposes of this rule, the term "shares" or "share capital" shall exclude shares, which do not participate in any way in the profits of a company other than by way of a fixed rate of return.

12

S.L.364.06]

DUTY ON DOCUMENTS AND TRANSFERS

Amended by: L.N. 57 of 1994; L.N. 75 of 1997. Substituted by: L.N. 7 of 2004. Amended by; L.N. 112 of 2004. Substituted by: L.N. 113 of 2006. Amended by: L.N. 425 of 2007. Substituted by: L.N. 452 of 2010

FIRST SCHEDULE

INTER VIVOS NOTICE OF AN INTER VIVOS TRANSFER OF IMMOVABLE PROPERTY TO BE GIVEN IN TERMS OF THE DUTY ON DOCUMENTS AND TRANSFERS ACT AND THE INCOME TAX ACTS This form must be completed by the Notary publishing the deed of transfer and must be filed by the Notary in triplicate within 15 working days from the date of the transfer. Continuation sheets are to be added as necessary.
SECTION A - PARTICULARS OF THE PARTIES In the case of non-resident individuals who are not registered for income tax purposes, state the passport number and the country of issue. In the case of non-resident legal persons that are not registered for income tax purposes, give any available identification details. Name Surname Address I.D. / income Te l e p h o n e tax or mobile r eg i s t r at i o n number number Transferor/s

Transferee/s

DDT 1

DUTY ON DOCUMENTS AND TRANSFERS

[S.L 364.06

13

SECTION B INFORMATION ABOUT THE TRANSFER Date of deed Description of the property A full descripti on of t he i mmovable property is t o be gi ven and a si te plan on Land Registration Stationery duly signed by an Architect should be annexed.

Type of transfer In the case of mixed transfers, mark all applicable boxes Sale Emphyteutical Donation concession A ssi g nm en t on Datio in solutum Other (specify) Partition The manner in which the property was acquired In the case of mixed acquisitions, mark all applicable boxes Purchase Emphyteutical Donation concession Inheritance As si gn m e nt on Other (specify) Partition Name of Broker I.D./I.T. Number

Exchange

Exchange

SECTION C DUTY ON DOCUMENTS AND OTHER TRANSFERS (DDTA) Exemptions and relief A transfer from one company to another that qualifies for the intra-group exemption under art. 43 DDTA An assignment that is exempt in terms of art. 32(1) DDTA A partition of inherited property that is exempt in terms of art. 32(5) DDTA A transfer that is exempt from duty for reasons other than those mentioned above Specify grounds for exemption:A transfer that qualifies for relief from duty under art. 32(4) DDTA Dutiable value of property Amount of duty payable Promise of Sale Number

14

S.L.364.06]

DUTY ON DOCUMENTS AND TRANSFERS

SECTION D TAX PAYABLE UNDER THE INCOME TAX ACT Name of Transferor Final tax at Fi nal t ax at Provisional Total 12% 7% tax

Total

SECTION E PARTICULARS OF BANK DRAFT / CHEQUE Tax/Duty payable under: BANK BANK DRAFT / CHEQUE NUMBER Duty on Documents and Transfers Act Income Tax Act

NAME OF NOTARY ............................................... SIGNATURE OF NOTARY .................................................

Provisional C.G.T Paid: Final Witholding Tax: Receipt No/s:

FOR OFFICIAL USE .................... Duty on Documents: .................... Provisional Duty: Total: ....................... Receipt No/s: ....................... ....................... ....................... ....................... Date of Receipt/s: ....................... Receiving Officer:

.................... .................... .................... ......................... ......................... ......................... ......................... ......................... .........................

Date of Receipt/s: Receiving Officer:

DUTY ON DOCUMENTS AND TRANSFERS SECOND SCHEDULE

[S.L 364.06

15

Value of the usufruct as a percentage of the value of the full ownership Age of the usufructuary where the usufructuary has not completed twenty years of age: where the usufructuary has completed twenty years of age but not thirty years: where the usufructuary has completed thirty years of age but not forty years: where the usufructuary has completed forty years of age but not fifty years: where the usufructuary has completed fifty years of age but not sixty years: where the usufructuary has completed sixty years of age but not seventy years: where the usufructuary has completed seventy years of age: Percentage of the value of full ownership seventy per cent sixty per cent fifty per cent forty per cent thirty per cent twenty per cent ten per cent.

16

S.L.364.06]

DUTY ON DOCUMENTS AND TRANSFERS

Added by: L.N. 7 of 2004. Amended by: L.N. 425 of 2007; Substituted by: L.N. 452 of 2010.

THIRD SCHEDULE

This notice must be filled in duplicate

N O T IC E , (W O R D P R O C E S S E D O R IN B L O C K L E T T E R S ), T O B E F I L E D O N PROMISES OF SALE OR OF A TRANSFER OF IMMOVABLE PROPERTY OR ANY REAL RIGHT THEREON FOR THE PURPOSE OF ARTICLE 3(6) OF THE DUTY ON DOCUMENTS AND TRANSFERS ACT. Transferors Name Present Address Tel/Mob. No. ID/IT/COS No.

Transferees Name

Present Address

Tel/Mob. No.

ID/IT/COS No.

DATE OF PROMISE OF SALE OR OF A TRANSFER OF IMMOVABLE PROPERTY OR ANY REAL RIGHT THEREON VALIDITY PERIOD OF SAID PROMISE The amount of the consideration or the price agreed upon PROVISIONAL DUTY PAYABLE

DDT 3

DUTY ON DOCUMENTS AND TRANSFERS

[S.L 364.06

17

1.

2. 3. 4.

DECLARATION BY TRANSFEROR/S AND TRANSFEREE/S A full description of the immovable property or any real right thereon is to be given and a site plan on Land Registration Stationery duly signed by an Architect should be annexed. An authenticated copy by a Notary Public or by an Advocate of the promise of sale or of the transfer of immovable property or any real right thereon should be annexed. Continuation Sheets may be used if necessary. Details should be inserted in the space in the order specified.

Nature of transaction:

.............................................. Signature of transferor/s

......................................... Signature of transferee/s

Name of Witness to Signatures (Notary or Lawyer).......................................... Signature and rubber stamp of witness ..........................................

N.B. This notice is invalid if cheque is not attached or is dishonoured Provisional Duty Paid: Receipt No/s: Date of Receipt/s FOR OFFICIAL USE

18

S.L.364.06]

DUTY ON DOCUMENTS AND TRANSFERS

Added by: L.N. 7 of 2004. Amended by: L.N. 425 of 2007. Substituted by: L.N. 189 of 2009; L.N. 452 of 2010.

FOURTH SCHEDULE

CAUSA MORTIS This notice must be filed in duplicate

N O T IC E , (W O R D P R O C E S S E D O R IN B L O C K L E T T E R S ), T O B E F I L E D O N DECLARATIONS CAUSA MORTIS FOR THE PURPOSE OF ARTICLE 51 OF THE DUTY ON DOCUMENTS AND TRANSFERS ACT, Cap. 364. Name of deceased Last address of deceased Date of Death I.D. No.

N.B. Details should be inserted in the space in the order specified TRANSFEREE/S Name Present Address I.D.Card Number (*) Tel/Mob. No. Apportioned amount of duty

(*) In the case of a transfer on which no tax is payable in accordance with article 35(2)(iv) of the Act, insert also the identity card number issued by the National Commission Persons with Disability to the transferee causa mortis. N.B. Details should be inserted in the space in the order specified. Continuation Sheets may be used if necessary. The apportioned amount of duty of each transferee causa mortis should be given. Name of Notary Date of Declaration The amount of the co n si de r at i o n o r t h e value declared Duty on Documents FOR OFFICIAL USE ONLY

Amount

B a n k D ra f t / Cheque No/s

DDT 4

DUTY ON DOCUMENTS AND TRANSFERS

[S.L 364.06

19

DECLARATION BY NOTARY 1. In the case of a deed of declaration made in terms of article 33 of the Duty on Documents and Transfers Act (Cap. 364), a copy of the relative deed and of any will or wills, or extract thereof, and any other relevant documents, including site plans on Land Registration Stationery duly signed by an Architect should be annexed. In respect of declarations causa mortis clearly indicate by marking the appropriate box with an x. Testate Intestate

2.

Nature of transaction:

................................ Signature of Notary

Duty on Documents: Receipt No/s.:

Date of Receipt:

FOR OFFICIAL USE ................................................... ..................................................... ..................................................... ..................................................... .....................................................

20

S.L.364.06]

DUTY ON DOCUMENTS AND TRANSFERS

Added by: L.N. 310 of 2010.

FIFTH SCHEDULE [Rule 12(5)]

DUTY ON DOCUMENTS AND TRANSFERS

[S.L 364.06

21

22

S.L.364.06]

DUTY ON DOCUMENTS AND TRANSFERS

DUTY ON DOCUMENTS AND TRANSFERS

[S.L 364.06

23

SIXTH SCHEDULE [Rule 11(3)]

Added by: L.N. 310 of 2010.

24

S.L.364.06]

DUTY ON DOCUMENTS AND TRANSFERS

DUTY ON DOCUMENTS AND TRANSFERS

[S.L 364.06

25

26

S.L.364.06]

DUTY ON DOCUMENTS AND TRANSFERS

Added by: L.N. 310 of 2010.

SEVENTH SCHEDULE [Rule 12(8)]