Section 98 (TAA) – Withdrawal of assessments

98.    Withdrawal of assessments

(1)     SARS may, despite the fact that no objection has been lodged or appeal noted, withdraw an assessment which-

(a)     was issued to the incorrect taxpayer;

(b)     was issued in respect of the incorrect tax period; or

[Paragraph (b) amended by section 46 of Act 39 of 2013 effective on 1 October 2012 and section 50 of Act 23 of 2015 effective on 8 January 2016] 

(c)     was issued as a result of an incorrect payment allocation.

[Paragraph (c) amended by section 46 of Act 39 of 2013 effective on 1 October 2012 and section 50 of Act 23 of 2015 effective on 8 January 2016] 

(d)     ……….

[Paragraph (d) added by section 46 of Act 39 of 2013 effective on 1 October 2012, deleted by section 50 of Act 23 of 2015 effective on 8 January 2016]

(2)     An assessment withdrawn under this section is regarded not to have been issued, unless a senior SARS official agrees in writing with the taxpayer as to the amount of tax properly chargeable for the relevant tax period and accordingly issues a revised original, additional or reduced assessment, as the case may be, which assessment is not subject to objection or appeal.