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

422.60 Tax Administration Act, 2011: Amendment of section 107The proposed amendment clarifies that SARS may concede an appeal similarto its power to allow an objection under section 106(2), but limits SARS’sability to concede an appeal to before the appeal is heard by the tax court or ahigher court dealing with an appeal against the judgment of the tax court.2.61 Tax Administration Act, 2011: Amendment of section 130Amendment consequential upon amendment to section 11. (See the notes toparagraph 2.39 above).2.62 Tax Administration Act, 2011: Amendment of section 135The proposed amendment is a technical correction in order to clarify that thissection only applies to appeals against tax court judgments to the SupremeCourt of Appeal.2.63 Tax Administration Act, 2011: Amendment of section 142The proposed amendment is a technical correction to align the Chapterdefinition of ‘settle’ with the definition of ‘dispute’ to clarify that a settlementmay be concluded at any time after the issue of an assessment or the makingof a ‘decision’ which is ‘disputed’, and not only after an appeal is lodged.2.64 Tax Administration Act, 2011: Amendment of section 164The proposed amendment is a technical correction in order to enhance clarity.2.65 Tax Administration Act, 2011: Amendment of section 166The proposed amendment is a technical correction to enable SARS to allocatea payment against an amount of interest or penalty before capital, particularlywhere payment is made in respect of a tax type where interest is not yetcalculated on a daily basis and compounded monthly under section 187(2).2.66 Tax Administration Act, 2011: Amendment of section 187The proposed amendment is a technical correction to ensure the correctapplication of the interest regime under the Tax Administration Act, 2011, i.e.if a penalty is not paid by the payment date specified in the penalty assessmentinterest runs from the liability date which is the date of assessment.2.67 Tax Administration Act, 2011: Amendment of section 189The proposed amendment is a technical correction to delete a incorrectreference to a defined term.2.68 Tax Administration Act, 2011: Amendment of section 192The definition of ‘asset’ has been moved to the general definitions insection 1.2.69 Tax Administration Act, 2011: Amendment to Chapter 14The proposed amendment is consequential upon the deletion of the definitionof ‘asset’ in section 192.2.70 Tax Administration Act, 2011: Amendment of section 210The proposed amendments seek to avoid administrative ‘double jeopardy’ byproviding that a fixed amount administrative penalty may not be imposed fornon-compliance which is subject to a percentage based penalty, in respect of