1
Nigeria – SA DTA
Uganda – SA DTA
1
Zimbabwe – SA DTA
1
Germany – SA DTA
1
Kuwait – SA DTA
1
Mexico – SA DTA
1
Tax Administration Act Index
Sections
DEFINITIONS
GENERAL ADMINISTRATION PROVISIONS
In general
Section 3 – Administration of tax Acts
Section 4 – Application of Act
Section 5 – Practice generally prevailing
Powers and duties of SARS and SARS officials
Section 7 – Conflict of interest
Section 9 – Decision or notice by SARS
Delegations
Section 10 – Delegations by the Commissioner
Authority to act in legal proceedings
Section 11 – Legal proceedings involving Commissioner
Section 12 – Right of appearance in proceedings
Powers and duties of Minister
Section 13 – Powers and duties of Minister
Section 14 – Power of Minister to appoint Tax Ombud
Powers and duties of Tax Ombud
Section 15 – Office of Tax Ombud
Section 16 – Mandate of Tax Ombud
Section 17 – Limitations on authority
Section 18 – Review of complaint
Section 19 – Reports by Tax Ombud
Section 20 – Resolution and recommendations
REGISTRATION
Section 22 – Registration requirements
Section 23 – Communication of changes in particulars
Section 24 – Taxpayer reference number
RETURNS AND RECORDS
General
Section 25 – Submission of return
Section 26 – Third party returns
Section 27 – Other returns required
Section 28 – Statement concerning accounts
Section 29 – Duty to keep records
Section 30 – Form of records kept or retained
Section 31 – Inspection of records
Section 32 – Retention period in case of audit, objection or appeal
Reportable arrangements
Section 35 – Reportable arrangements
Section 36 – Excluded arrangements
Section 37 – Disclosure obligation
Section 38 – Information to be submitted
Section 39 – Reportable arrangement reference number
INFORMATION GATHERING
General rules for inspection, verification, audit and criminal investigation
Section 40 – Selection for inspection, verification or audit
Section 41 – Authorisation for SARS official to conduct audit or criminal investigation
Section 42 – Keeping taxpayer informed
Section 42A – Procedure where legal professional privilege is asserted
Section 43 – Referral for criminal investigation
Section 44 – Conduct of criminal investigation
Inspection, request for relevant material, audit and criminal investigation
Section 46 – Request for relevant material
Section 47 – Production of relevant material in person
Section 48 – Field audit or criminal investigation
Section 49 – Assistance during field audit or criminal investigation
Inquiries
Section 50 – Authorisation for inquiry
Section 52 – Inquiry proceedings
Section 54 – Powers of presiding officer
Section 56 – Confidentiality of proceedings
Section 57 – Incriminating evidence
Section 58 – Inquiry not suspended by civil or criminal proceedings
Search and seizure
Section 59 – Application for warrant
Section 60 – Issuance of warrant
Section 61 – Carrying out search
Section 62 – Search of premises not identified in warrant
Section 63 – Search without warrant
Section 64 – Legal professional privilege
Section 65 – Person’s right to examine and make copies
Section 66 – Application for return of seized relevant material or costs of damages
CONFIDENTIALITY OF INFORMATION
Section 67 – General prohibition of disclosure
Section 68 – SARS confidential information and disclosure
Section 69 – Secrecy of taxpayer information and general disclosure
Section 70 – Disclosure to other entities
Section 71 – Disclosure in criminal, public safety or environmental matters
Section 72 – Self-incrimination
Section 73 – Disclosure to taxpayer of own record
Section 74 – Publication of names of offenders
ADVANCE RULINGS
Section 76 – Purpose of advance rulings
Section 77 – Scope of advance rulings
Section 78 – Private rulings and class rulings
Section 79 – Applications for advance rulings
Section 80 – Rejection of application for advance ruling
Section 81 – Fees for advance rulings
Section 82 – Binding effect of advance rulings
Section 83 – Applicability of advance rulings
Section 84 – Rulings rendered void
Section 85 – Subsequent changes in tax law
Section 86 – Withdrawal or modification of advance rulings
Section 87 – Publication of advance rulings
Section 88 – Non-binding private opinions
Section 90 – Procedures and guidelines for advance rulings
ASSESSMENTS
Section 91 – Original assessments
Section 92 – Additional assessments
Section 93 – Reduced assessments
Section 94 – Jeopardy assessments
Section 95 – Estimation of assessments
Section 96 – Notice of assessment
Section 97 – Recording of assessments
Section 98 – Withdrawal of assessments
Section 99 – Period of limitations for issuance of assessments
Section 100 – Finality of assessment or decision
DISPUTE RESOLUTION
General
Section 103 – Rules for dispute resolution
Objection and appeal
Section 104 – Objection against assessment or decision
Section 105 – Forum for dispute of assessment or decision
Section 106 – Decision on objection
Section 107 – Appeal against assessment or decision
Tax board
Section 108 – Establishment of tax board
Section 109 – Jurisdiction of tax board
Section 110 – Constitution of tax board
Section 111 – Appointment of chairpersons
Section 112 – Clerk of tax board
Section 113 – Tax board procedure
Section 114 – Decision of tax board
Section 115 – Referral of appeal to tax court
Tax court
Section 116 – Establishment of tax court
Section 117 – Jurisdiction of tax court
Section 118 – Constitution of tax court
Section 119 – Nomination of president of tax court
Section 120 – Appointment of panel of tax court member
Section 121 – Appointment of registrar of tax court
Section 122 – Conflict of interest of tax court members
Section 123 – Death, retirement or incapability of judge or member
Section 124 – Sitting of tax court not public
Section 125 – Appearance at hearing of tax court
Section 126 – Subpoena of witness to tax court
Section 127 – Non-attendance by witness or failure to give evidence
Section 128 – Contempt of tax court
Section 129 – Decision by tax court
Section 130 – Order for costs by tax court
Section 131 – Registrar to notify parties of judgment of tax court
Section 132 – Publication of judgment of tax court
Appeal against tax court decision
Section 133 – Appeal against decision of tax court
Section 134 – Notice of intention to appeal tax court decision
Section 135 – Leave to appeal to Supreme Court of Appeal against tax court decision
Section 136 – Failure to lodge notice of intention to appeal tax court decision
Section 137 – Notice by registrar of period for appeal of tax court decision
Section 138 – Notice of appeal to Supreme Court of Appeal against tax court decision
Section 139 – Notice of cross-appeal of tax court decision
Section 140 – Record of appeal of tax court decision
Section 141 – Abandonment of judgment
Settlement of dispute
Section 144 – Initiation of settlement procedure
Section 145 – Circumstances where settlement is inappropriate
Section 146 – Circumstances where settlement is appropriate
Section 147 – Procedure for settlement
Section 148 – Finality of settlement agreement
Section 149 – Register of settlements and reporting
Section 150 – Alteration of assessment or decision on settlement
TAX LIABILITY AND PAYMENT
Taxpayers
Section 152 – Person chargeable to tax
Section 153 – Representative taxpayer
Section 154 – Liability of representative taxpayer
Section 155 – Personal liability of representative taxpayer
Section 156 – Withholding agent
Section 157 – Personal liability of withholding agent
Section 158 – Responsible third party
Section 159 – Personal liability of responsible third party
Section 160 – Taxpayer’s right to recovery
Section 161 – Security by taxpayer
Payment of tax
Section 162 – Determination of time and manner of payment of tax
Section 163 – Preservation order
Section 164 – Payment of tax pending objection or appeal
Taxpayer account and allocation of payments
Section 165 – Taxpayer account
Section 166 – Allocation of payments
Deferral of payment
Section 167 – Instalment payment agreement
Section 168 – Criteria for instalment payment agreement
RECOVERY OF TAX
General
Section 169 – Debt due to SARS
Section 170 – Evidence as to assessment
Section 171 – Period of limitation on collection of tax
Judgment procedure
Section 172 – Application for civil judgment for recovery of tax
Section 173 – Jurisdiction of Magistrates’ Court in judgment procedure
Section 174 – Effect of statement filed with clerk or registrar
Section 175 – Amendment of statement filed with clerk or registrar
Section 176 – Withdrawal of statement and reinstitution of proceedings
Sequestration, liquidation and winding-up proceedings
Section 177 – Institution of sequestration, liquidation or winding-up proceedings
Section 178 – Jurisdiction of court in sequestration, liquidation or winding-up proceedings
Collection of tax debt from third parties
Section 179 – Liability of third party appointed to satisfy tax debts
Section 180 – Liability of financial management for tax debts
Section 181 – Liability of shareholders for tax debts
Section 182 – Liability of transferee for tax debts
Section 183 – Liability of person assisting in dissipation of assets
Section 184 – Recovery of tax debts from other persons
Assisting foreign governments
Section 185 – Tax recovery on behalf of foreign governments
Remedies with respect to foreign assets
Section 186 – Compulsory repatriation of foreign assets of taxpayer
INTEREST
Section 187 – General interest rules
Section 188 – Period over which interest accrues
Section 189 – Rate at which interest is charged
REFUNDS
Section 190 – Refunds of excess payments
Section 191 – Refunds subject to set-off and deferral
WRITE OFF OR COMPROMISE OF TAX DEBTS
General provisions
Section 193 – Purpose of Chapter
Section 194 – Application of Chapter
Temporary write off of tax debt
Section 195 – Temporary write off of tax debt
Section 196 – Tax debt uneconomical to pursue
Permanent write off of tax debt
Section 197 – Permanent write off of tax debt
Section 198 – Tax debt irrecoverable at law
Section 199 – Procedure for writing off tax debt
Compromise of tax debt
Section 200 – Compromise of tax debt
Section 201 – Request by debtor for compromise of tax debt
Section 202 – Consideration of request to compromise tax debt
Section 203 – Circumstances where not appropriate to compromise tax debt
Section 204 – Procedure for compromise of tax debt
Section 205 – SARS not bound by compromise of tax debt
Records and reporting
Section 206 – Register of tax debts written off or compromised
Section 207 – Reporting by Commissioner of tax debts written off or compromised
ADMINISTRATIVE NON-COMPLIANCE PENALTIES
General
Section 209 – Purpose of Chapter
Fixed amount penalties
Section 210 – Non-compliance subject to penalty
Section 211 – Fixed amount penalty table
Section 212 – Reportable arrangement and mandatory disclosure penalty
Percentage based penalty
Section 213 – Imposition of percentage based penalty
Procedure
Section 214 – Procedures for imposing penalty
Section 215 – Procedure to request remittance of penalty
Remedies
Section 216 – Remittance of penalty for failure to register
Section 217 – Remittance of penalty for nominal or first incidence of non-compliance
Section 218 – Remittance of penalty in exceptional circumstances
Section 219 – Penalty incorrectly assessed
Section 220 – Objection and appeal against decision not to remit penalty
UNDERSTATEMENT PENALTY
Imposition of understatement penalty
Section 222 – Understatement penalty
Section 223 – Understatement penalty percentage table
Section 224 – Objection and appeal against imposition of understatement penalty
Voluntary disclosure programme
Section 226 – Qualification of person subject to audit or investigation for voluntary disclosure
Section 227 – Requirements for valid voluntary disclosure
Section 228 – No-name voluntary disclosure
Section 229 – Voluntary disclosure relief
Section 230 – Voluntary disclosure agreement
Section 231 – Withdrawal of voluntary disclosure relief
Section 232 – Assessment or determination to give effect to agreement
Section 233 – Reporting of voluntary disclosure agreements
CRIMINAL OFFENCES
Section 234 – Criminal offences relating to non-compliance with tax Acts
Section 235 – Evasion of tax and obtaining undue refunds by fraud or theft
Section 236 – Criminal offences relating to secrecy provisions
Section 237 – Criminal offences relating to filing return without authority
Section 238 – Jurisdiction of courts in criminal matters
REGISTRATION OF TAX PRACTITIONERS AND REPORTING OF UNPROFESSIONAL CONDUCT
Section 240 – Registration of tax practitioners
Section 240A – Recognition of controlling bodies
Section 241 – Complaint to controlling body
Section 242 – Disclosure of information regarding complaint and remedies of taxpayer
Section 243 – Complaint considered by controlling body
GENERAL PROVISIONS
Section 245 – Power of Minister to determine date for submission of returns and payment of tax
Section 246 – Public officers of companies
Section 247 – Company address for notices and documents
Section 248 – Public officer in event of liquidation, winding-up or business rescue
Section 249 – Default in appointing public officer or address for notices or documents
Section 250 – Authentication of documents
Section 251 – Delivery of documents to persons other than companies
Section 252 – Delivery of documents to companies
Section 253 – Documents delivered deemed to have been received
Section 254 – Defect does not affect validity
Section 255 – Rules for electronic communication
Section 256 – Tax compliance status
Section 257 – Regulations by Minister
TRANSITIONAL PROVISIONS
Section 258 – New taxpayer reference number
Section 259 – Appointment of Tax Ombud
Section 260 – Provisions relating to secrecy
Section 261 – Public officer previously appointed
Section 262 – Appointment of chairpersons of tax board
Section 263 – Appointment of members of tax court
Section 264 – Continuation of tax board, tax court and court rules
Section 265 – Continuation of appointment to a post or office or delegation by Commissioner
Section 266 – Continuation of authority to audit
Section 267 – Conduct of inquiries and execution of search and seizure warrants
Section 268 – Application of Chapter 15
Section 269 – Continuation of authority, rights and obligations
Section 270 – Application of Act to prior or continuing action
Section 271 – Amendment of legislation
Tenth Schedule Index
Paragraph 2 (Ninth Schedule – Part II) – Health care
2. Health Care
(a) The provision of health care services to poor and needy persons.
(b) The care or counseling of terminally ill persons or persons with a severe physical or mental disability, and the counseling of their families in this regard.
(c) The prevention of HIV infection, the provision of preventative and education programmes relating to HIV/AIDS.
(d) The care, counseling or treatment of persons afflicted with HIV/AIDS, including the care or counseling of their families and dependants in this regard.
(e) The provision of blood transfusion, organ donor or similar services.
(f) The provision of primary health care education, sex education or family planning.