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Income Tax Act, 1962 (Act 58 of 1962)

Regulations issued under Section 91A of the Income Tax Act, 1962

Part 2: Temporary write-off of tax debt

5. Tax debts uneconomical to pursue

 

 

1) A tax debt is uneconomical to pursue if the Commissioner is satisfied that the total cost of recovery of that tax debt will in all likelihood exceed the anticipated amount to be recovered in respect of the outstanding tax debt.

 

2) In determining whether the cost of recovery is likely to exceed the anticipated amount to be recovered as contemplated in subparagraph (1), the Commissioner must have regard to-
a) the amount of the tax debt;
b) the length of time that the tax debt has been outstanding;
c) the steps taken to date to recover the tax debt and the costs involved in those steps, including steps taken to locate or trace a debtor;
d) the likely costs of continuing action to recover the tax debt and the anticipated return from that action, including any likely recovery of costs that may be awarded to the Commissioner;
e) the financial position of the debtor, including that debtor’s assets and liabilities, cash flow and possible future income streams of that debtor; and
f) any other information available with regard to the recoverability of the tax debt.