‘binding general ruling’ means a written statement issued by a senior SARS official under section 89 regarding the interpretation of a tax Act or the application of a tax Act to the stated facts and circumstances;
Author: admin_kmos
“Binding effect” definition of section 75 of TAA
‘binding effect’ means the requirement that SARS interpret or apply the applicable tax Act in accordance with an ‘advance ruling’ under section 82;
“Binding class ruling” definition of section 75 of TAA
‘binding class ruling’ means a written statement issued by SARS regarding the application of a tax Act to a specific ‘class’ of persons in respect of a ‘proposed transaction’;
“Application” definition of section 75 of TAA
‘application’ means an application for a ‘binding private ruling’ or a ‘binding class ruling’;
“Applicant” definition of section 75 of TAA
‘applicant’ means a person who submits an ‘application’ for a ‘binding private ruling’ or a ‘binding class ruling’;
“Advance ruling” definition of section 75 of TAA
‘advance ruling’ means a ‘binding general ruling’, a ‘binding private ruling’ or a ‘binding class ruling’;
Section 75 (TAA) – Definitions
75. Definitions
In this Chapter, unless the context indicates otherwise, the following terms, if in single quotation marks, have the following meanings:
Chapter 7 – Advance rulings (TAA)
CHAPTER 7
ADVANCE RULINGS
Section 74 (TAA) – Publication of names of offenders
74. Publication of names of offenders
(1) The Commissioner may publish for general information the particulars specified in subsection (2), relating to a tax offence committed by a person, if-
(a) the person was convicted of the offence; and
(b) all appeal or review proceedings relating to the offence have been completed or were not instituted within the period allowed.
(2) The publication referred to in subsection (1) may specify-
(a) the name and area of residence of the offender;
(b) any particulars of the offence that the Commissioner thinks fit; and
(c) the particulars of the fine or sentence imposed.
Section 73 (TAA) – Disclosure to taxpayer of own record
73. Disclosure to taxpayer of own record
(1) A taxpayer or the taxpayer’s duly authorised representative is entitled to obtain-
(a) a copy, certified by SARS, of the recorded particulars of an assessment or decision referred to in section 104(2) relating to the taxpayer;
(b) access to information submitted to SARS by the taxpayer or by a person on the taxpayer’s behalf;
(c) information, other than SARS confidential information, on which the taxpayer’s assessment is based; and
(d) other information relating to the tax affairs of the taxpayer.
(2) A request for information under subsection (1)(d) must be made under the Promotion of Access to Information Act.