S.L. 123.202 Art. 2Interpretation. Cap. 123. Cap. 123. Cap. 372. Cap. 318. Cap. 406. Cap. 318. Cap. 406.

In these rules, unless the context otherwise requires –

"gross tax" means the tax chargeable on a transfer in accordance with article 5A of the Income Tax Act before the exemption allowed under these rules;

"gross transfer value" means the transfer value determined in accordance with article 5A of the Income Tax Act; and when a person, by means of the same deed, makes more than one transfer of property to which these rules apply, it means the total transfer value, determined as aforesaid, of those transfers;

"net transfer value" means the gross transfer value reduced by the gross tax;

"qualifying payment" means a payment that satisfies the conditions of sub-rule (1) of rule 5 but not exceeding the amount that is to be taken into account for the purpose of these rules in accordance with sub-rules (2) and (3) of that rule;

"relevant tax arrears" means any unpaid amount of:

(a) income tax and tax on capital gains due and payable in terms of articles 4 and 5 of the Income Tax Act for the year of assessment 2020 or any previous year of assessment;

(b) tax deducted at source or that should have been deducted at source in accordance with article 23 of the Income

Tax Management Act that was due to be remitted to the Commissioner on or before 31 January 2021;

(c) social security contributions due and payable by an employer in respect of employed persons in accordance with article 9 of the Social Security Act that was due to be remitted to the Commissioner on or before 31 January 2021;

(d) value added tax due and payable in terms of article 21(1) of the Value Added Tax Act in respect of any tax period, as defined in that Act, that ended on or before the 31 (SET-OFF OF TAX ARREARS)

December 2020 and value added tax due and payable in terms of article 21(2) or (3) of that Act that became chargeable on or before the said date;

(e) interest, additional tax and administrative penalties due and payable in terms of the provisions of the Income Tax

Acts, the Social Security Act and the Value Added Tax Act in respect of any arrears mentioned in the preceding paragraphs.