Section 188 (TAA) – Period over which interest accrues

188.    Period over which interest accrues

(1)     Unless otherwise provided in a tax Act, interest payable under section 187 is imposed for the period from the effective date of the tax to the date the tax is paid.

(2)     Interest payable in respect of the-

(a)     first payment of provisional tax, is imposed from the effective date for the first payment of provisional tax until the earlier of the date on which the payment is made or the effective date for the second payment of provisional tax;

[Paragraph (a) amended by section 32(a) of Act 24 of 2020]

(b)     second payment of provisional tax, is imposed from the effective date for the second payment of provisional tax until the earlier of the date on which the payment is made or the effective date for income tax for the relevant year of assessment;

[Paragraph (b) amended by section 32(b) of Act 24 of 2020]

(c)     the first payment under section 5(1) or 5A of the Mineral and Petroleum Resources Royalty (Administration) Act 2008 (Act 29 of 2008), is imposed from the effective date for the first payment until the earlier of the date on which the payment is made or the effective date for the second payment under section 5(2) or 5A of that Act for the relevant year of assessment; and

[Paragraph (c) added by section 32(c) of Act 24 of 2020]

(d)     the second payment under section 5(2) or 5A of the Mineral and Petroleum Resources Royalty (Administration) Act 2008 (Act 29 of 2008), is imposed from the effective date for the second payment until the earlier of the date on which the payment is made or the effective date for mineral and petroleum resources royalty under section 6(2) of that Act for the relevant year of assessment.

[Paragraph (d) added by section 32(c) of Act 24 of 2020]

(3)     Unless otherwise provided under a tax Act-

(a)     interest on an amount refundable under section 190 is calculated from the later of the effective date or the date that the excess was received by SARS to the date the refunded tax is paid; and

(b)     for this purpose, if a refund is offset against a liability of the taxpayer under section 191, the date on which the offset is effected is considered to be the date of payment of the refund.