229.    Voluntary disclosure relief

Despite the provisions of a tax Act, SARS must, pursuant to the making of a valid voluntary disclosure by the applicant and the conclusion of the voluntary disclosure agreement under section 230–

[Words preceding paragraph (a) substituted by section 67 of Act 23 of 2015 effective on 8 January 2016]

(a)     not pursue criminal prosecution for a tax offence arising from the ‘default’;

(b)     grant the relief in respect of any understatement penalty to the extent referred to in column 5 or 6 of the understatement penalty percentage table in section 223; and

(c)     grant 100 per cent relief in respect of an administrative non-compliance penalty that was or may be imposed under Chapter 15 or a penalty imposed under a tax Act, excluding a penalty imposed under that Chapter or in terms of a tax Act for the late submission of a return.

[Paragraph (c) substituted by section 67 of Act 23 of 2015 effective on 8 January 2016]