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Tax Administration Act, 2011 (Act No. 28 of 2011)

Chapter 15 : Administrative Non-Compliance Penalties

Part E : Remedies

217. Remittance of penalty for nominal or first incidence of non-compliance

 

(1) If a "penalty" has been imposed in respect of—
(a) a "first incidence" of non-compliance; or

[Section 217(1)(a) substituted by section 72(a) of the Tax Administration Laws Amendment Act, 2012 (Act No. 21 of 2012)]

(b) an incidence of non-compliance described in section 210 if the duration of the non-compliance is less than five business days,

SARS may, in respect of a "penalty" imposed under section 210 or 212, remit the "penalty", or a portion thereof if appropriate, up to an amount of R2 000 if SARS is satisfied that—

(i) reasonable grounds for the non-compliance exist; and
(ii) the non-compliance in issue has been remedied.

 

(2) In the case of a "penalty" imposed under section 212, the R2 000 limit referred to in subsection (1) is changed to R100 000.

 

(3) If a "penalty" has been imposed under section 213, SARS may remit the "penalty", or a portion thereof, if SARS is satisfied that—
(a) the "penalty" has been imposed in respect of a "first incidence" of non-compliance, or involved an amount of less than R2 000;
(b) reasonable grounds for the non-compliance exist; and
(c) the non-compliance in issue has been remedied.

[Section 217(3) substituted by section 72(b) of the Tax Administration Laws Amendment Act, 2012 (Act No. 21 of 2012)]