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

Chapter 6 : Confidentiality of Information

70. Disclosure to other entities

 

(1) A senior SARS official may provide to the Director-General of the National Treasury taxpayer information or SARS confidential information in respect of—
(a) a taxpayer which is an—
(i) institution referred to in section 3(1) of the Public Finance Management Act, 1999 (Act No. 1 of 1999); or
(ii) entity referred to in section 3 of the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003),

to the extent necessary for the Director-General to perform the functions and exercise the powers of the National Treasury under those Acts; and

(b) a class of taxpayers to the extent necessary for the purposes of tax policy design or revenue estimation.

 

(2) A senior SARS official may disclose to—
(a) the Statistician-General the taxpayer information as may be required for the purpose of carrying out the Statistician-General's duties to publish statistics in an anonymous form;
(b) the Chairperson of the Board administering the National Student Financial Aid Scheme, the name and address of the employer of a person to whom a loan or bursary has been granted under that scheme, for use in performing the Chairperson's functions under the National Student Financial Aid Scheme Act, 1999 (Act No. 56 of 1999);
(c) a commission of inquiry established by the President of the Republic of South Africa under a law of the Republic, the information to which the Commission is authorised by law to have access;
(d) to an employer (as defined in the Fourth Schedule to the Income Tax Act) of an employee (as defined in the Fourth Schedule), but only the income tax reference number, identity number, physical and postal address of that employee and such other non-financial information in relation to that employee, as that employer may require in order to comply with its obligations in terms of a tax Act; and
(e) a recognised controlling body (as defined in section 239) of a registered tax practitioner, such information in relation to the tax practitioner as may be required to verify that sections 240A (2) (a) and 240A (3) are being given effect to.

[Section 70(2)(e) inserted by section 42(c) of the Tax Administration Laws Amendment Act, 2013 (Act No. 39 of 2012)]

(f) the Department of Labour, the name and contact details of all employers registered for employees" tax and eligible to receive the employment tax incentive in terms of section 2 of the Employment Tax Incentive Act, 2013.

 

(3) A senior SARS official may disclose to—
(a) the Governor of the South African Reserve Bank, or other person to whom the Minister delegates powers, functions and duties under the Regulations  issued under section 9 of the Currency and Exchanges Act, 1933 (Act No. 9 of 1933), the information as may be required to exercise a power or perform a function or duty under the South African Reserve Bank Act, 1989 (Act No. 90 of 1989), or those Regulations;

[Section 70(3)(a) substituted by section 25 of  the Tax Administration Laws Amendment Act, 2020 (Act No. 24 of 2020), GG44080, dated 20 January 2021]

(b) the Financial Sector Conduct Authority, the information as may be required for the purpose of carrying out the Financial Sector Conduct Authority's duties and functions under the Financial Sector Regulation Act, 2017 (Act No. 9 of 2017);

[Section 70(3)(b) substituted by section 18 of Notice No. 16, GG 42169, dated 17 January 2019 (Tax Administration Laws Amendment Act, 2018 (Act No. 22 of 2018)) - effective 1 April 2018]

(c) the Financial Intelligence Centre, the information as may be required for the purpose of carrying out the Centre's duties and functions under the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001); and
(d) the National Credit Regulator, the information as may be required for the purpose of carrying out the Regulator's duties and functions under the National Credit Act, 2005 (Act No. 34 of 2005).

 

(4) A senior SARS official may disclose to an organ of state or institution listed in a regulation issued by the Minister under section 257, information to which the organ of state or institution is otherwise lawfully entitled to and for the purposes only of verifying the correctness of the following particulars of a taxpayer—
(b) any identifying number;
(c) physical and postal address and other contact details;
(d) employer's name, address and contact details; and
(e) other non-financial information as the organ of state or institution may require for purposes of verifying paragraphs (a) to (d).

 

(5) The information disclosed under subsection (1), (2) or (3) may only be disclosed by SARS or the persons or entities referred to in subsection (1), (2) or (3) to the extent that it is—
(a) necessary for the purpose of exercising a power or performing a regulatory function or duty under the legislation referred to in subsection (1), (2) or (3); and
(b) relevant and proportionate to what the disclosure is intended to achieve as determined under the legislation.

[Section 70(5) substituted by section 48 of the Tax Administration Laws Amendment Act, 2015 (Act No. 23 of 2015)]

 

(6) SARS must allow the Auditor-General to have access to information in the possession of SARS that relates to the performance of the Auditor-General's duties under section 4 of the Public Audit Act, 2004 (Act No. 25 of 2004).

 

(7) Despite subsections (1) to (5), a senior SARS official may not disclose information under this section if satisfied that the disclosure would seriously impair a civil or criminal tax investigation.