Duty on Documents and Transfers Act (Cap. 364), article 51

51. (1) Where a notary receives a deed of transfer of any immovable property or a deed containing a declaration made in accordance with article 33, whether duty is chargeable thereon in accordance with this Act or otherwise, he shall, within fifteen (15) working days and together with the payment of such duty, if any , give notice of such deed to the Commissioner in such form and containing such particular s as may be prescribed: Provided that no notice shall be given where the Government or the Housing Authority is the transferee. (2) Any notary who fails to give such notice within forty (40) working days together with any relative payment as provided in sub-article (1), or gives incorr ect or incomplete particulars o r details shall incur interest at a rate as prescribed by the Min ister on any duty due on the transfer to which such duty refers which interest shall start accruing from the expiration of the fiftee n (15) working days mentioned in sub-arti cle (1), provided that the to tal interest shall in no case exceed the amount of the said duty. Cap. 12. (3) Interest imposed under sub-article (2) shall be imposed by the Commissioner and shall be paid to him, and all actions for the recovery thereof shall be brought by the Commissioner before th e courts of civil jurisdiction in terms of article 466 of the Code of Organization and Civil Procedure . Commissioner to determine and assess the duty chargeable. Amended by: II. 2003.35; IV . 2011.42; III. 2013.42; XIII. 2015.102; VIII.2020.52; XVIII.2021.32. 52.* (1)When the Commissioner is satisfied that the price or consideration, or the value as d eclared in a document whereby a ny immovable or any real right over an immovable is transferred, o r in a declaration of a transfer causa mortis made in accordance with article 33, is less than eighty-five per centum (85%) of the re al value or consideration as established by the Commissioner, or i s less than the consideration that results to the Commissioner to have been actually paid, or when a declaration that ought to be made in terms of article 33 has not been made, he shall proceed to determine by order in writing the amount of duty chargeable on the difference between the value or consideration declared and the value or consideration of the immovable as established or as re sults to the Commissioner to have been actually paid or the duty that would have been payable, as the case may be, and shall raise an assessment accordingly: Provided that, when a decl aration has not been made as aforesaid, nothing in this sub-article shall be construed as *See sub-article (6) of article 69 of the Act as originally enacted , which sub-article has been omitted under the Statute Law Revision Act , 1980. DUTY ON DOCUMENTS AND TRANSFERS [CAP. 364. 49 exempting the transferee causa mortis from any obligation to make the relative declaration in acco rdance with article 33 but any duty paid following an assessment shall also be taken into account i n any other declaration made subsequent thereto: Provided further that, when a declaration has not been made as aforesaid the Commissioner may not exercise his powers under th is article after the lapse of thirty (30) years from the happening of the transfer causa mortis . (2) If the Commissioner is sa tisfied that the declaration referred to in article 32(4)( d) or that any statement made for the purpose of any relief under article 33, is not complete, correc t and true in all details he shall p roceed to determine by order in w riting the amount of the duty chargeabl e being the difference between the duty properly chargeable in the ab sence of such declaration or such statement, as the case may be, and the duty paid on the transfe r. (3) In a transfer inter vivos, the transferor and the transferee shall be jointly and severally l iable to pay the duty referred to in this article. (4) ( a) Where the Commissioner has determined that the value of an immovable as declared in a document of transfer or in a declaration of a transfer causa mortis is less than eighty five per centum of the real value or consideration as provided in sub-article (1) or where in the opinion of the Commissioner the document of transfer or the deed of declaration made in accordance with article 33 does not reflect the true conditions of the transfer, the transferor in a transfer inter vivos and the transferee shall be liable to pay an additional duty equivalent to twenty per centum (20%) of the amount of duty assessed by the Commissioner as aforesaid: Provided that, in addition to the above-mentioned additional duty, 'the transferee shall be liable to pay interest at a rate as prescribed by the Minister which interest shall start accruing after the expiration of three months from either of the following: (i) the date of notification of the original assessment where no objection is made, or where the value is not reduced by the Commissioner following the filing of an objection; or (ii) the date of notification of the revised assessment issued in terms of article 56, where the value has been reduced by the Commissioner following an objection: Provided further that interest shall in no case exceed the duty assessed by the Commissioner in respect of each assessment. (b) The transferee only shall be liable to any duty or additional duty assessed because the declaration or statement referred to in sub-article (2) is not complete, 50 CAP. 364.] DUTY ON DOCUMENTS AND TRANSFERS correct and true. (5) Saving the other provisions of this article, the Commissioner may raise an assessment as provided in this articl e, at any time, within one year fro m the day of the receipt by the Commissioner of the notice referred to in article 51: P r o v i d e d t h a t i n t h e c a s e o f a n o t i c e i n r e s p e c t o f a declaration of a transfer causa mortis such assessment may be made within four years of the receipt of such notice. Added by: I. 1998.6. TITLE III Other Documents Banking credit cards. Added by: I. 1998.6. Amended by: L.N. 425 of 2007.