Tax Administration Act, 2011 (Act No. 28 of 2011)Chapter 15 : Administrative Non-Compliance PenaltiesPart A : General208. Definitions |
In this Chapter, unless the context indicates otherwise, the following terms, if in single quotation marks, have the following meanings:
"administrative non-compliance penalty" or "penalty"
means a "penalty" imposed by SARS in accordance with this Chapter or a tax Act other than this Act, and excludes an understatement penalty referred to in Chapter 16;
[Definition substituted by section 57 of the Tax Administration Laws Amendment Act, 2014 (Act No. 44 of 2014)]
"first incidence"
means an incidence of non-compliance by a person if no "penalty assessment" under this Chapter was issued during the preceding 36 months, whether involving an incidence of non-compliance of the same or a different kind, and for purposes of this definition a "penalty assessment" that was fully remitted under section 218 must be disregarded;
"penalty assessment"
means an assessment in respect of—
(a) | a "penalty" only; or |
(b) | tax and a "penalty" which are assessed at the same time; |
"preceding year"
means the year of assessment immediately prior to the year of assessment during which a "penalty" is assessed;
"remittance request"
means a request for remittance of a "penalty" submitted in accordance with section 215.