Part B
Temporary write off of tax debt
Part B
Temporary write off of tax debt
194. Application of Chapter
Parts C and D of this Chapter apply only in respect of a tax debt owed by a ‘debtor’ if the liability to pay the tax debt is not disputed under Chapter 9 by the ‘debtor’.
[Section 194 substituted by section 54 of Act 44 of 2014 and section 60 of Act 16 of 2016 effective on 1 October 2012]
193. Purpose of Chapter
(1) As a general rule, it is the duty of SARS to assess and collect all tax debts according to a tax Act and not to forgo any tax debts.
(2) SARS may, when required by circumstances, deviate from the strictness and rigidity of the general rule referred to in subsection (1) if it would be to the best advantage of the State.
(3) The purpose of this Chapter is to prescribe the circumstances under which SARS may deviate from the general rule and take a decision to ‘write off’ a tax debt or not to pursue its collection.
‘write off’ means to reverse an outstanding tax debt either in whole or in part.
‘debtor’ means a taxpayer with a tax debt; and
‘compromise’ means an agreement entered into between SARS and a ‘debtor’ in respect of a tax debt in terms of which-
(a) the ‘debtor’ undertakes to pay an amount which is less than the full amount of the tax debt due by that ‘debtor’ in full satisfaction of the tax debt; and
(b) SARS undertakes to permanently ‘write off’ the remaining portion of the tax debt on the condition that the ‘debtor’ complies with the undertaking referred to in paragraph (a) and any further conditions as may be imposed by SARS;
‘Companies Act’ means the Companies Act, 2008 (Act No. 71 of 2008);
192. Definitions
In this Chapter, unless the context indicates otherwise, the following terms, if in single quotation marks, have the following meanings:
Part A
General provisions
CHAPTER 14
WRITE OFF OR COMPROMISE OF TAX DEBTS