Section 177 (TAA) – Institution of sequestration, liquidation or winding-up proceedings

177.    Institution of sequestration, liquidation or winding-up proceedings

(1)     A senior SARS official may authorise the institution of proceedings for the sequestration, liquidation or winding-up of a person for an outstanding tax debt.

[Subsection (1) substituted by section 65 of Act 39 of 2013 effective on 1 October 2012 and section 56 of Act 23 of 2015 effective on 8 January 2016]

(2)     SARS may institute the proceedings whether or not the person-

(a)     is present in the Republic; or

(b)     has assets in the Republic.

(3)     If the tax debt is subject to an objection or appeal under Chapter 9 or a further appeal against a decision by the tax court under section 129, the proceedings may only be instituted with leave of the court before which the proceedings are brought.