Tax Administration Act, 2011 (Act No. 28 of 2011)

Chapter 16 : Understatement Penalty

Part B : Voluntary disclosure programme

227. Requirements for valid voluntary disclosure
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The requirements for a valid voluntary disclosure are that the disclosure must—

(a)be voluntary;
(b)involve a "default" which has not occurred within five years of the disclosure of a similar 'default' by the applicant or a person referred to in section 226(3);

[Paragraph (b) substituted by section 66 of the Tax Administration Laws Amendment Act, 2015 (Act No. 23 of 2015)]

(c)be full and complete in all material respects;
(d)involve a behaviour referred to in column 2 of the understatement penalty percentage table in section 223;

[Paragraph (d) substituted by section 66 of the Tax Administration Laws Amendment Act, 2015 (Act No. 23 of 2015)]

(e)not result in a refund due by SARS; and
(f)be made in the prescribed form and manner.