Category: Part F – Settlement of dispute (TAA)

Section 149 (TAA) – Register of settlements and reporting

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149.    Register of settlements and reporting

(1)     SARS must-

(a)     maintain a register of all ‘disputes’ that are ‘settled’ under this Part; and

(b)     document the process under which each ‘dispute’ is ‘settled’.

(2)     The Commissioner must provide an annual summary of ‘settlements’ to the Auditor-General and to the Minister.

(3)     The summary referred to in subsection (2) must be submitted by no later than the date on which the annual report for SARS is submitted to Parliament for the year and must-

(a)     be in a format which, subject to section 70(6), does not disclose the identity of the person concerned; and

[Paragraph (a) substituted by section 21 of Act 21 of 2021]

(b)     contain details, arranged by main classes of taxpayers or sections of the public, of the number of ‘settlements’, the amount of tax forgone, and the estimated savings in litigation costs.

Section 150 (TAA) – Alteration of assessment or decision on settlement

Posted on by admin_kmos

150.    Alteration of assessment or decision on settlement

 

(1)     If a ‘dispute’ between SARS and the person aggrieved by an assessment or ‘decision’ is ‘settled’ under this Part, SARS may, despite anything to the contrary contained in a tax Act, alter the assessment or ‘decision’ to give effect to the ‘settlement’.

 

(2)     An altered assessment or ‘decision’ referred to in subsection (1) is not subject to objection and appeal.