Tax Administration Laws Amendment Bill, 2012 [B35 ... - Juta - Law

Substitution of section 256 of Act 28 of 201189. (1) The Tax Administration Act, 2011, is hereby amended by the substitution forsection 256 of the following section:‘‘Tax clearance certificate28256. (1) A taxpayer may apply to SARS for a tax clearance certificate inthe prescribed form and manner.(2) SARS must issue or decline to issue the certificate within 21 businessdays from the date the application is [duly filed] submitted or such longerperiod as may reasonably be required if a senior SARS official is satisfiedthat the issuing of a tax clearance certificate may prejudice the efficient andeffective collection of revenue.(3) A senior SARS official may provide a taxpayer with confirmation ofthe taxpayer’s tax compliance status and may confirm that the taxpayer istax compliant by issuing a tax clearance certificate only if satisfied that thetaxpayer is registered for tax and does not have any—(a) tax debt outstanding, excluding a tax debt contemplated in section 167or 204 or a tax debt that has been suspended under section 164 or doesnot exceed the amount referred to in section 169(4); or(b) outstanding return unless an arrangement acceptable to SARS hasbeen made for the submission of the return.(4) A tax clearance certificate must be in the prescribed form and includeat least—(a)(b)(c)(d)the original date of issue of the tax clearance certificate [referencenumber assigned to the certificate and reflected in the records ofSARS];the name, taxpayer reference number, address and identity number orcompany registration number of the taxpayer;the date of the application for a certificate;a statement that the taxpayer [has no outstanding tax debts] is taxcompliant as [at] determined on the original date of issue of thecertificate; and(e) the expiry date of the certificate.(5) Despite the provisions of Chapter 6, SARS may confirm thetaxpayer’s tax compliance status [validity and expiry date of thecertificate upon] as at the date of a request by a sphere of government, [or]parastatal or other person to whom the taxpayer has presented thecertificate.(6) SARS may withdraw a certificate with effect from the date of theissue thereof if the certificate—(a)(b)was issued in error; orwas obtained on the basis of fraud, misrepresentation or nondisclosureof material facts.(7) A certificate is invalid for the period commencing on the date that thetaxpayer no longer complies with a requirement under subsection (3) andbending on the date that the taxpayer remedies the non-compliance.’’.(2) Subsection (1) comes into operation on the date of promulgation of this Act.51015202530354045Amendment of section 257 of Act 28 of 201190. Section 257 of the Tax Administration Act, 2011, is hereby amended—(a) by the substitution in subsection (2)(b) for the words preceding subparagraph(i) of the following words:50‘‘the limitations on the [jurisdiction]mandate of the Tax Ombud, havingregard to—’’;(b) by the insertion of the following subsection after subsection (2):‘‘(2A) For purposes of the issue of a tax clearance certificate undersection 256, the Minister may make regulations regarding—55(a) the circumstances when a tax clearance certificate may be requiredfrom a person or be issued by SARS;