Category: Section 231 (TAA) – Withdrawal of voluntary disclosure relief

Section 231

 

  1. Paragraph (1)(b) substituted by section 79 of Act 39 of 2013 effective on 1 October 2012.

 

  1. Paragraph (1)(c) substituted by section 76 of Act 21 of 2012 effective on 1 October 2012.

Section 231 (TAA) – Withdrawal of voluntary disclosure relief

Posted on by admin_kmos

231.    Withdrawal of voluntary disclosure relief

 

(1)     In the event that, subsequent to the conclusion of a voluntary disclosure agreement under section 230, it is established that the applicant failed to disclose a matter that was material for purposes of making a valid voluntary disclosure under section 227, a senior SARS official may-

 

(a)     withdraw any relief granted under section 229;

 

(b)     regard an amount paid in terms of the voluntary disclosure agreement to constitute part payment of any further outstanding tax debt in respect of the relevant ‘default’; and

 

(c)     pursue criminal prosecution for a tax offence.

 

(2)     Any decision by the senior SARS official under subsection (1) is subject to objection and appeal.