Customs

Customs & Excise Transfer of Ownership rule amendment

On 7 November 2025, the South African Revenue Service (SARS) announced an amendment to the rules under Section 26 of the Customs and Excise Act, 1964 (Transfer of Ownership). (DAR265)

Rule 26.01 is amended:

(1.)  by the substitution of rule 26.01:

Application for permission for transfer of ownership of warehoused goods 26.01. For the purposes of section 26, the submission of form SAD 500 reflecting the relevant transfer of ownership customs procedure code must be regarded as [any] an application for permission for the transfer of ownership of dutiable goods in a customs and excise warehouse [shall be made to the controller] and shall be supported by the following, which upon request shall be produced to the controller:

(a) Documents relating to such goods and the agreement in respect of the transfer of ownership; and

(b) a statement by the transferee furnishing full particulars of his business and the destination of such goods;

(c) forms SAD 500 and SAD 505 in draft form for the purpose of re-warehousing of the goods;

(d) if for export, full particulars relating to the transaction and the consignee which shall include the order for the goods;

(e) the following declaration by the transferor and the transferee:

“I,………………………………………………for transferor, hereby declare that ownership of the abovementioned goods, which are my property, is transferred to  ………………..………………………...........       address ………………………………………………………………………

For transferor…………………………………Date………………

 

I,…………………………………………… for transferee, hereby accept liability in terms of the provisions of the Customs and Excise Act, 1964, in respect of the goods described herein.

For transferee………………………Date  ………………………...”;

(f)] (b) such security as the controller may require”.

(2.) by the deletion of rule 26.02.

(3.) by the insertion of rule 26.03:

Release of goods to be regarded as granting of application for permission for transfer of ownership 26.03. The release notification issued by the Commissioner in respect of those  goods must be regarded to be the granting of such an application.”

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