Tax Administration Act, 2011 (Act No. 28 of 2011)Chapter 5 : Information GatheringPart B : Inspection, request for relevant material, audit and criminal investigation46. Request for relevant material |
| (1) | SARS may, for the purposes of the administration of a tax Act in relation to a taxpayer, whether identified by name or otherwise objectively identifiable, require the taxpayer or another person to, within a reasonable period, submit relevant material (whether orally or in writing) that SARS requires. |
| (2) | A senior SARS official may require relevant material in terms of subsection (1)— |
| (a) | in respect of taxpayers in an objectively identifiable class of taxpayers; or |
| (b) | held or kept by a connected person, as referred to in paragraph (d)(i) of the definition of 'connected person' in the Income Tax Act, in relation to the taxpayer, located outside the Republic. |
[Section 46(2) substituted by section 42(a) of the Tax Administration Laws Amendment Act, 2015 (Act No. 23 of 2015)]
| (3) | A request by SARS for relevant material from a person other than the taxpayer is limited to material maintained or kept or that should reasonably be maintained or kept by the person in respect of the taxpayer. |
[Section 46(3) substituted by section 42(a) of the Tax Administration Laws Amendment Act, 2015 (Act No. 23 of 2015)]
| (4) | A person or taxpayer receiving from SARS a request for relevant material under this section must submit the relevant material to SARS at the place, in the format (which must be reasonably accessible to the person or taxpayer) and— |
| (a) | within the time specified in the request; or |
| (b) | if the material is held by a connected person referred to in subsection (2)(b), within 90 days from the date of the request, which request must set out the consequences referred to in subsection (9) of failing to do so. |
[Section 46(4) substituted by section 42(a) of the Tax Administration Laws Amendment Act, 2015 (Act No. 23 of 2015)]
| (5) | If reasonable grounds for an extension are submitted by the person or taxpayer, SARS may extend the period within which the relevant material must be submitted. |
[Section 46(5) substituted by section 42(a) of the Tax Administration Laws Amendment Act, 2015 (Act No. 23 of 2015)]
| (6) | Relevant material required by SARS under this section must be referred to in the request with reasonable specificity. |
| (7) | A senior SARS official may direct that relevant material— |
| (a) | be provided under oath or solemn declaration; or |
| (b) | if required for purposes of a criminal investigation, be provided under oath or solemn declaration and, if necessary, in accordance with the requirements of section 212 or 236 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977). |
[Section 46(7) substituted by section 38 of the Tax Administration Laws Amendment Act, 2013 (Act No. 39 of 2012)]
| (8) | A senior SARS official may request relevant material that a person has available for purposes of revenue estimation. |
| (9) | If a taxpayer fails to provide material referred to in subsection (2)(b), the material may not be produced by the taxpayer in any subsequent proceedings, unless a competent court directs otherwise on the basis of circumstances outside the control of the taxpayer and any connected person referred to in paragraph (d)(i) of the definition of 'connected person' in the Income Tax Act, in relation to the taxpayer. |
[Section 46(9) inserted by section 42(b) of the Tax Administration Laws Amendment Act, 2015 (Act No. 23 of 2015)]