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

Chapter 16 : Understatement Penalty

Purchase

The requirements for a valid voluntary disclosure are that the disclosure must—

(a)	be voluntary;

(b)	involve a "default" which has not occurred within five years of the disclosure of a similar 'default' by the applicant or a person referred to in section 226(3);

[Paragraph (b) substituted by section 66 of the Tax Administration Laws Amendment Act, 2015 (Act No. 23 of 2015)]

(c)	be full and complete in all material respects;

(d)	involve a behaviour referred to in column 2 of the understatement penalty percentage table in section 223;

[Paragraph (d) substituted by section 66 of the Tax Administration Laws Amendment Act, 2015 (Act No. 23 of 2015)]

(e)	not result in a refund due by SARS;

(f)	be made in the prescribed form and manner; and

(g)	not constitute an ‘underpayment’ as defined in section 77Z of the Customs and Excise Act, 1964.

[Section 227(g) substituted by section 22(c) of the Tax Administration Laws Amendment Act, 2026, Notice No. 7343, GG54447, dated 1 April 2026]