Category: Section 240A (TAA) – Recognition of controlling bodies

Section 240A

 

  1. Words preceding subparagraph (2)(a)(i) substituted by section 82 of Act 39 of 2013 effective on 20 December 2012.

 

  1. Subsection (3) substituted by section 82 of Act 39 of 2013 and section 61 of Act 44 of 2014 effective on 20 December 2012.

 

  1. Section 240A inserted by section 83 of Act 21 of 2012 effective on 1 October 2012.

Section 240A (TAA) – Recognition of controlling bodies

Posted on by admin_kmos

240A.    Recognition of controlling bodies

(1)     The Commissioner must recognise as a ‘recognised controlling body’-

(a)       . . . . . . 

[Paragraph (a) deleted by section 28 of Act 16 of 2022]

(b)     the Legal Practice Council established under the Legal Practice Act, 2014 (Act 28 of 2014);

[Paragraph (b) substituted by section 44(a) of Act 33 of 2019]

(c)       . . . . . .

[Paragraph (c) deleted by section 44(b) of Act 33 of 2019]

(d)     a statutory body that the Minister is satisfied is similar to the statutory bodies in this subsection and the details of which are published in the Gazette.

(2)     The Commissioner may recognise a ‘controlling body’, for natural persons who provide advice with respect to the application of a tax Act or complete returns, as a ‘recognised controlling body’ if the body-

(a)     in respect of such persons, maintains relevant and effective-

(i)      minimum qualification and experience requirements;

(ii)     continuing professional education requirements;

(iii)    codes of ethics and conduct; and

(iv)    disciplinary codes and procedures;

(b)     is approved in terms of section 30B of the Income Tax Act for purposes of section 10(1)(d)(iv) of the Act; and

(c)     has at least 1 000 members when applying for recognition or reasonable prospects of having 1 000 members within a year of applying.

(3)     A body must within the prescribed time period and in the prescribed form and manner, if recognised under-

(a)     subsection (1), submit a list of its members to whom the provisions under section 240(1) apply; and

(b)     subsection (2), submit a report on its members and compliance with this Chapter.

(4)     The Minister may appoint a panel of retired judges or persons of similar stature and competence one or more of whom may decide, on behalf of a body recognised under subsection (2), complaints lodged under section 241–

(a)     at the request of the body; or

(b)     if the Minister is satisfied that the body’s disciplinary process is ineffective.

(5)     The costs of the panel in deciding complaints will be borne equally by such a body and SARS.

(6)     If a body recognised under subsection (2) no longer meets the listed requirements, the Commissioner must notify it that if it does not take corrective steps within the period specified in the notice, its recognition will be withdrawn at the end of the period.