39. Penalty for failure to pay tax when due

[Heading of section 39 substituted by section 271 of Act 28 of 2011 effective on 1 October 2012 except to the extent related to interest in respect of which the wording prior to the amendment applies]

 

(1)     If any person who is liable for the payment of tax and is required to make such payment in accordance with the provisions of section 14, 28(1) or 29, fails to pay any amount of such tax within the period for the payment of such tax specified in the said provisions, the Commissioner must, in accordance with Chapter 15 of the Tax Administration Act, impose a penalty equal to 10 per cent of the said amount of tax.

[Subsection (1) amended by section 30 of Act 136 of 1992 and section 3 of Act 61 of 1993 and substituted by section 271 of Act 28 of 2011 effective on 1 October 2012 except to the extent related to interest in respect of which the wording prior to the amendment applies]

 

 (2)    ………..

[Subsection (2) amended by section 3 of Act 61 of 1993 and deleted by section 271 of Act 28 of 2011 effective on 1 October 2012 except to the extent related to interest in respect of which the wording prior to the amendment applies]

 

(3)     If any person who is liable for the payment of tax in accordance with the provisions of section 8(2C) or 8(2D) fails to pay any amount of such tax within the period allowed for the payment of such tax in terms of that section, the person shall, in addition to such amount of tax, pay where payment of the said amount of tax is made on or after the first day of the month following the month during which the period allowed for payment of the tax ended, interest on the said amount of tax, calculated at the prescribed rate (but subject to the provisions of section 45A) for each month or part of a month in the period reckoned from the said first day.

[Subsection (3) amended by section 3 of Act 61 of 1993, deleted by section 105 of Act 32 of 2004 and inserted by section 114 of Act 60 of 2008 effective on 1 March 2009]

 

(4)     Where any importer of goods which are required to be entered under the Customs and Excise Act, fails to pay any amount of tax payable in respect of the importation of the goods on the date on which the goods are entered under the said Act for home consumption in the Republic or the date on which customs duty is payable in terms of the said Act in respect of the importation or, if such duty is not payable, the date on which it would be so payable if it had been payable, whichever date is later, the Commissioner must, in accordance with Chapter 15 of the Tax Administration Act, impose on that importer a penalty equal to 10 per cent of the said amount of tax.

[Subsection (4) substituted by section 37 of Act 136 of 1991, amended by section 3 of Act 61 of 1993, deleted by section 40 of Act 27 of 1997, inserted by section 184 of Act 45 of 2003 and substituted by section 271 of Act 28 of 2011 effective on 1 October 2012 except to the extent related to interest in respect of which the wording prior to the amendment applies]

 

(5)     Where any person who is liable for the payment of tax fails to pay any amount of such tax on the date on which in terms of the Customs and Excise Act, liability arises for the payment of the excise duty or environmental levy referred to in section 7(3)(a), the Commissioner must, in accordance with Chapter 15 of the Tax Administration Act, impose on that person a penalty equal to 10 per cent of the said amount of tax.

[Subsection (5) substituted by section 37 of Act 136 of 1991, amended by section 3 of Act 61 of 1993, deleted by section 166 of Act 60 of 2001, inserted by section 50 of Act 16 of 2004 and substituted by section 22 of Act 9 of 2005 and by section 271 of Act 28 of 2011 effective on 1 October 2012 except to the extent related to interest in respect of which the wording prior to the amendment applies.]

 

(6)     ……….

[Subsection (6) amended by section 3 of Act 61 of 1993 and deleted by section 271 of Act 28 of 2011 effective on 1 October 2012]

 

(7)     ……….

[Subsection (7) substituted by section 23 of Act 20 of 1994 and section 40 of Act 27 of 9, amended by section 50 of Act 16 of 2004, section 105 of Act 32 of 2004 and section 114 of Act 60 of 2008, substituted by section 39 of Act 18 of 2009 and deleted by section 271 of Act 28 of 2011 effective on 1 October 2012 except to the extent related to interest in respect of which the wording prior to the amendment applies]

 

(8)     Notwithstanding anything to the contrary in this section, the Commissioner may prescribe, by notice in the Gazette, that any interest on any outstanding amount payable in terms of this Act, is calculated on the daily balance owing and compounded monthly from such date and for such period as the Commissioner may prescribe.

[Subsection (8) deleted by section 184 of Act 45 of 2003 and added by section 39 of Act 18 of 2009]

[Subsection (8) to be deleted by section 271 of Act 28 of 2011 with effect from a date determined by the President by proclamation in the Gazette]

 

40. ……….

[Section 40 amended by section 31 of Act 136 of 1992 and deleted by section 271 of Act 28 of 2011 effective on 1 October 2012]

 

40A.  ……….

[Section 40A inserted by section 23 of Act 9 of 2005 and repealed by section 100 of Act 43 of 2014 effective on 20 January 2015]

 

40B.    ……….

[Section 40B inserted by section 51 of Act 9 of 2006 and repealed by section 101 of Act 43 of 2014 effective on 20 January 2015]