| (1) |
A person who has underpaid may apply for voluntary disclosure relief. |
| (2) |
Voluntary disclosure relief in terms of subsection (1) is not available to a person who has been notified of an audit or investigation, related to such underpayment, under this Act or under Chapter V of the Tax Administration Act in respect of value-added tax referred to in paragraph (d) of the definition of ‘duty’ in section 77Z, or of enforcement action that has commenced, but has not yet been concluded. |
| (3) |
An applicant must be regarded to have been notified of the commencement of an audit, investigation or enforcement action contemplated in subsection (2) if any of the following persons was notified of such audit, investigation or enforcement action: |
| (a) |
A representative of the applicant; |
| (b) |
an officer, shareholder or member of the applicant, if the applicant is a company; |
| (c) |
a partner in a partnership with the applicant; |
| (d) |
a trustee or beneficiary of the applicant, if the applicant is a trust; |
| (e) |
a person acting for or on behalf of or as an agent or fiduciary of the applicant, including a clearing agent or registered agent; or |
| (f) |
any licensee or registrant involved in the handling of any imported or locally manufactured goods of the applicant. |
| (4) |
The Commissioner may, despite subsections (2) and (3), allow a person to apply for voluntary disclosure relief if the Commissioner is of the view, having regard to the circumstances and ambit of the audit, investigation or enforcement action, that— |
| (a) |
the underpayment on which the proposed application for voluntary disclosure relief is based would not otherwise have been detected in the ordinary course of the audit, investigation or enforcement action; and |
| (b) |
the application would be in the interest of good management of the tax system and the best use of the Commissioner’s resources. |
| (5) |
An application referred to in this section must be submitted in accordance with any rules prescribed in terms of section 77ZH(a). |
[Section 77ZA inserted by section 10(1) of the Tax Administration Laws Amendment Act, 2026, Notice No. 7343, GG54447,dated 1 April 2026 - comes into effect on a date to be determined by the Minister by notice in the Gazette (section 10(2))]
Patents Act, 1978
