Acts Online
GT Shield

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

Chapter 2 : General Administration Provisions

Part B : Powers and duties of SARS and SARS officials

9. Decision or notice by SARS

 

(1) A decision made by a SARS official or a notice to a specific person issued by SARS under a tax Act, excluding a decision given effect to in an assessment or a notice of assessment that is subject to objection and appeal, may in the discretion of a SARS official described in paragraph (a), (b) or (c) or at the request of the relevant person, be withdrawn or amended by—
(a) the SARS official;
(b) a SARS official to whom the SARS official reports; or

[Section 9(1) amended by section 22(a) of Act No. 13 of 2017]

 

(2) If all the material facts were known to the SARS official at the time the decision was made, a decision or notice referred to in subsection (1) may not be withdrawn or amended with retrospective effect, after three years from the later of the—
(a) date of the written notice of that decision; or
(b) date of assessment or the notice of assessment giving effect to the decision (if applicable).

 

(3) A decision made by a SARS official or a notice to a specific person issued by SARS under a tax Act is regarded as made by a SARS official authorised to do so or duly issued by SARS, until proven to the contrary.

[Section 9(3) amended by section 22(b) of Act No. 13 of 2017]