8       Unavailability of employment tax incentive for reducing employees’ tax

An employer may not reduce the employees’ tax payable by that employer in respect of a month by the amount of the employment tax incentive available to that employer in that month if, on the last day of that month, the employer—

(a)     has failed to submit any return as defined in section 1 of the Tax Administration Act on the basis required by section 25 of that Act; or

(b)     has any outstanding tax debt as defined in section 1 of the Tax Administration Act, but excluding a tax debt—

(i)      in respect of which an agreement has been entered into in accordance with section 167 or 204 of the Tax Administration Act;

(ii)     that has been suspended in terms of section 164 of the Tax Administration Act; or

(iii)     that does not exceed the amount referred to in section 169(4) of the Tax Administration Act.