Income Tax Act, 1962 (Act No. 58 of 1962)

Notices

2022 Notices

Agreements

African Tax Administration Forum Agreement on Mutual Assistance in Tax Matters

Article 4 : Exchange of Information
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1. The Contracting Parties shall through their Competent Authorities, provide one another, spontaneously, automatically or upon request with such information as may be relevant for carrying out the provisions of this Agreement or for the administration or enforcement of the domestic laws of the Requesting Party concerning the taxes covered by this Agreement insofar as the taxation under those laws is not contrary to any other instrument entered into between the Requesting and Requested Party.

 

2. In no case shall the provisions of paragraph 1 be construed so as to impose on a Contracting Party the obligation:
(a) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting Party;
(b) to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting Party;
(c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy.

 

3. If information is requested by a Contracting Party in accordance with this Article, the Requested Party shall use its information gathering measures to obtain the requested information, even though the Requested Party may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of paragraph 2 but in no case shall such limitations be construed to permit the Requested Party to decline to supply information solely because it has no domestic interest in such information.

 

4.In no case shall the provisions of paragraph 2 be construed to permit the Requested Party to decline to supply information solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person.