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Uncertificated Securities Tax Act, 1998 (Act Np. 31 of 1998)

11. Recoveries by Commissioner

 

(1) Any tax, penalty or interest payable in terms of this Act shall, when such tax, penalty or interest becomes due or is payable, be deemed to be a debt due to the State and shall be payable to the Commissioner in the manner and at the place prescribed.

 

(2) If any person fails to pay any tax, penalty or interest payable in terms of this Act when such tax, penalty or interest becomes due or is payable, the Commissioner may file with the clerk or registrar of any competent court a statement certified by the Commissioner as correct and setting forth the amount of the tax, penalty or interest so due or payable by that person, and such statement shall thereupon have all the effects of, and any proceedings may be taken thereon as if it were, a civil judgment lawfully given in that court in favour of the Commissioner for a liquid debt of the amount specified in the statement.

 

(3) The Commissioner may, by notice in writing addressed to the aforesaid clerk or registrar, withdraw the statement referred to in subsection (2) and such statement shall thereupon cease to have any effect: Provided that, in the circumstances contemplated in the said subsection, the Commissioner may institute proceedings afresh under that subsection in respect of any tax, penalty or interest referred to in the withdrawn statement.

 

(4) The Commissioner may institute proceedings for the sequestration of the estate of any person and shall for the purposes of such proceedings be deemed to be the creditor in respect of any tax, penalty or interest due by the person concerned.

 

(5) Notwithstanding anything contained in the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), a statement for any amount whatsoever may be filed in terms of subsection (2) with the clerk of the court of the magistrate having jurisdiction in respect of the person by whom such amount is payable in accordance with this Act.