Tax Administration Act, 2011 (Act No. 28 of 2011)Chapter 9 : Dispute ResolutionPart F : Settlement of dispute147. Procedure for settlement |
| (1) | A person participating in a "settlement" procedure must disclose all relevant facts during the discussion phase of the process of "settling" a "dispute". |
| (2) | A "settlement" is conditional upon full disclosure of material facts known to the person concerned at the time of "settlement". |
| (3) | A dispute "settled" in whole or in part must be evidenced by an agreement in writing between the parties in the prescribed format and must include details on— |
| (a) | how each particular issue is "settled"; |
| (b) | relevant undertakings by the parties; |
| (c) | treatment of the issue in future years; |
| (d) | withdrawal of objections and appeals; and |
| (e) | arrangements for payment. |
| (4) | The agreement must be signed by a senior SARS official. |
| (5) | SARS must, if the "dispute" is not ultimately "settled", explain to the person concerned the further rights of objection and appeal. |
| (6) | The agreement and terms of a "settlement" agreement must remain confidential, unless their disclosure is authorised by law or SARS and the person concerned agree otherwise. |