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

Chapter 16 : Understatement Penalty

Part B : Voluntary disclosure programme

229. Voluntary disclosure relief
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Despite the provisions of a tax Act, SARS must, pursuant to the making of a valid voluntary disclosure by the applicant and the conclusion of the voluntary disclosure agreement under section 230 —

(a)not pursue criminal prosecution for a tax offence arising from the "default";

[Paragraph (a) substituted by section 75 of the Tax Administration Laws Amendment Act, 2012 (Act No. 21 of 2012)]

(b)grant the relief in respect of any understatement penalty to the extent referred to in column 5 or 6 of the understatement penalty percentage table in section 223; and
(c)grant 100 per cent relief in respect of an administrative non-compliance penalty that was or may be imposed under Chapter 15 or a penalty imposed under a tax Act, excluding a penalty imposed under that Chapter or in terms of a tax Act for the late submission of a return.

 

[Section 229 substituted by section 67(a) and (b) of the Tax Administration Laws Amendment Act, 2015 (Act No. 23 of 2015)]