199.    Procedure for writing off tax debt

 

(1)     Before deciding to ‘write off’ a tax debt, a senior SARS official must-

 

(a)     determine whether there are any other tax debts owing to SARS by the ‘debtor’;

 

(b)     reconcile amounts owed by and to the ‘debtor’, including penalties, interest and costs;

 

(c)     obtain a breakdown of the tax debt and the periods to which the outstanding amounts relate; and

 

(d)     document the history of the recovery process and the reasons for deciding to ‘write off’ the tax debt.

 

(2)     In deciding whether to support a business rescue plan referred to in Part D of Chapter 6 of the ‘Companies Act’ or ‘compromise’ made to creditors under section 155 of the ‘Companies Act’ a senior SARS official must, in addition to considering the information as referred to in section 150 or 155 of that Act, take into account the information and aspects covered in the provisions of sections 200, 201(1), 202 and 203 with the necessary changes.