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

Regulations

2007 Regulations

Regulations issued under Section 91A, prescribing the circumstances under which the Commissioner may write-off or compromise any amount of tax, duty, levy, charge, interest, penalty or other amount

Part 3

Irrecoverable at law

7. Tax debts irrecoverable at law

 

(1) Subject to subsection (2), a tax debt is irrecoverable at law if—
(a) It cannot be recovered by action and judgment of a court; or
(b) It is owed by a debtor that has been liquidated or sequestrated and it represents the balance outstanding-
(i) after notice was given by the liquidator or trustee that no further dividend is to be paid or a final dividend has been paid to the creditors of the estate; or
(ii) following the termination of a compromise or arrangement as contemplated in section 311 of the Companies Act, with the debtor’s creditors, which has been sanctioned by a court.

 

(2) A tax debt is not irrecoverable at law if the debtor is a company or a trust and the Commissioner has not first explored action against or recovery from the personal assets of any director, shareholder, trustee or persons acting in the management of that debtor.