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

2.89 Tax Administration Act, 2011: Amendment of section 256The proposed amendments are required to cater for the modernisation of thetax clearance certificate procedure, which will essentially enable bothtaxpayers and third parties to verify the tax compliance status of a taxpayeronline. Also, the proposed amendments—• enable SARS to extend the 21 business day period within which a certificatemust be issued where more time is required to ensure that the taxpayeris complaint, for example where it appears that the taxpayerintends to make offshore transfers of large amounts; and• invalidate a tax clearance certificate from the period from the date that ataxpayer becomes non-compliant until such time that the taxpayer remediesthe non-compliance.2.90 Tax Administration Act, 2011: Amendment of section 257The proposed amendment enables the Minister to determine by regulation thecircumstances when a tax clearance certificate may be required from a personfor governmental purposes, for example when tendering for procurementcontracts with an organ of state, or issued by SARS, and to prescribeadditional procedural requirements for the issue and withdrawal of taxclearance certificates.2.91 Tax Administration Act, 2011: Amendment of section 269The proposed amendment is a technical correction in order to apply thetransitional rule to electronic communication rules and regulations issuedunder provisions of the tax Acts repealed by the Act.2.92 Amendment of Tax Administration Act, 2011: Paragraph 78 of Schedule 1There was a duplication as section 94 of the Taxation Laws Amendment Act,2011, also inserted item (cA) in paragraph 2(4) of the Fourth Schedule. Thetwo amendments serve the same purpose and hence paragraph 78 is obsolete.2.93 Amendment of Tax Administration Act, 2011: Paragraph 167 of Schedule 1The proposed amendment is a technical correction.2.94 Short title and commencementClause 93 provides for the name and commencement of the proposed Act.3. CONSULTATION46The amendments proposed by this Bill were published on the websites of NationalTreasury and SARS for public comment. Comments by interested parties wereconsidered. Accordingly, the general public and institutions at large were consultedin preparing the Bill.4. FINANCIAL IMPLICATIONS FOR STATEAn account of the financial implications for the State was given in the 2012 BudgetReview.