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Income Tax Act, 1962 (Act No. 58 of 1962)

Chapter III : General Provisions

Part IA : Advance Pricing Agreements

76D. Fees for advance pricing agreements


(1) In order to defray the costs of administering the advance pricing agreement system, the Commissioner may, by public notice, prescribe fees payable by an applicant, including—
(a) a pre-application consultation fee;
(b) an application fee;
(c) a cost recovery fee for processing an advance pricing agreement application; and
(d) fees associated with the maintenance or extension of an existing agreement.


(2) An applicant must pay the fees in subsection (1) based on an invoice issued by SARS.


(3) SARS may retain the fees referred to in subsection (1), or a portion thereof, if it rejects an advance pricing agreement application or terminates the agreement.


(4) The fees imposed under this section constitute fees imposed by SARS in terms of section 5(1)(h) of the SARS Act and constitute funds of SARS within the meaning of section 24 of that Act.


[Section 76D of Part 1A of Chapter III inserted by section 10 of  the Tax Administration Laws Amendment Act, 2023, GG49947, dated 22 December 2023]