Tax Administration Act, 2011 (Act No. 28 of 2011)Chapter 18 : Registration of Tax Practitioners and Reporting of Unprofessional Conduct242. Disclosure of information regarding complaint and remedies of taxpayer |
| (1) | Despite section 69, the senior SARS official lodging a complaint under section 241 may disclose the taxpayer information as in the opinion of the official is necessary to lay before the "controlling body" to which the complaint is made. |
[Section 242(1) substituted by section 83 of the Tax Administration Laws Amendment Act, 2013 (Act No. 39 of 2012)]
| (2) | Before a complaint is lodged or information is disclosed, SARS must deliver to the taxpayer concerned and the person against whom the complaint is to be made notification of the intended complaint and information to be disclosed. |
[Section 242(2) substituted by section 83 of the Tax Administration Laws Amendment Act, 2013 (Act No. 39 of 2012)]
| (3) | The taxpayer or that person may, within 21 business days after the date of the notification, lodge with SARS an objection to the lodging of the complaint or disclosure of the information. |
| (4) | If on the expiry of that period of 21 business days no objection has been lodged or, if an objection has been lodged and SARS is not satisfied that the objection should be sustained, a senior SARS official may thereupon lodge the complaint as referred to in section 241. |