Regulations

Regulations may be made by the Minister under section 257 of the Tax Administration Act, 2011 regarding –

  • any ancillary or incidental administrative or procedural matter that is necessary to be prescribed for the proper implementation and administration of the Act
  • any matter under the Act that is required or permitted to be prescribed

The Regulations permitted under the Tax Administration Act, 2011, include-

  • the proceedings of the Tax Ombud and the limitations on the mandate of the Tax Ombud (s.257(2))
  • the circumstances when a Tax Clearance Certificate (TCC) may be required from a person or be issued by SARS, the period of validity of a TCC or any procedure to further regulate the issue or withdrawal of a TCC (s.257(3))
  • the use of other, less intrusive biological data than facial recognition, fingerprint recognition, voice recognition and iris or retina recognition (see the definition of ‘biometric information’ in s.1)
  • the list of organs of state or institutions with which SARS may exchange information to verify the correctness or currency of non-financial information such as addresses, contact details, identifying numbers and the name, address and contact details of a taxpayer’s employer (s.70(4))
 
2023
DatePublication DetailsDescription Commencement Date
10 March 2023
New!
GG 48188
Notice 3146
 

Rules promulgated under section 103 prescribing the –

  • procedures to be followed in lodging an objection and appeal against an assessment or a decision subject to objection and appeal referred to in section 104(2)
  • procedures for alternative dispute resolution
  • conduct and hearing of appeals
  • application on notice before a tax court
  • transitional rules

Note:
These rules are made by the Minister of Finance and are of equal status to regulations and similar subordinate legislation

10 March 2023
3 March 2023
New!
GG 48165
R.3118
 

Regulations for purposes of paragraph (a) of the definition of “international tax standard” in section 1 of the Tax Administration Act, 2011 (Act No. 28 of 2011), promulgated under section 257 of the Act, on the date that the mandatory disclosure rules take effect

1 March 2024
 
2020
Regulation NumberGovernment GazettePublication DateDescriptionCommencement Date
R.1070437819 October 2020

Regulations for purposes of paragraph (a) of the definition of “international tax standard” in section 1 of the Tax Administration Act, 2011

1 June 2021
2016
Regulation NumberGovernment GazettePublication DateDescriptionCommencement Date
R.15984051623 December 2016

Regulations for purposes of paragraph (b) of the definition of “international tax standard” in section 1 of the Tax Administration Act, 2011

These Regulations are effective for Reporting Fiscal Years of MNE Groups beginning on or after 1 January 2016
R.819401288 July 2016

Regulation for purposes of section 70(4) of the Tax Administration Act, 2011 promulgated under section 257 of the Act, listing the organs of state or institutions to which a senior SARS official may lawfully disclose specified information

8 July 2016
R.210397672 March 2016

Regulations for purposes of paragraph (a) of the definition of “international tax standard” in section 1 of the Tax Administration Act, 2011

 Note:
Stakeholders are advised to check the Updated AEOI BRS which includes amendments requested by Industry.
1 March 2016
R.160GG 396689 February 2016
Regulation for purposes of section 70(4) of the Tax Administration Act, 2011 promulgated under section 257 of the Act, listing the organs of state or institutions to which a senior SARS official may lawfully disclose specified information
 Note:
The Regulation replaces, with effect from its date of publication, Regulations 93 and 94 published in Government Gazette 37307, dated 14 February 2014.
9 February 2016
 
2014
Regulation NumberGovernment GazettePublication DateDescriptionCommencement Date
550GG 3781911 July 2014

Rules promulgated under section 103, prescribing the –

  • procedures to be followed in lodging an objection and appeal against an assessment or a decision subject to objection and appeal referred to in section 104(2)
  • procedures for alternative dispute resolution (ADR)
  • the conduct and hearing of appeals
  • application on notice before a Tax Court
  • transitional rules
 
 Note:
These rules are made by the Minister of Finance and are of equal status to regulations and similar subordinate legislation
11 July 2014
R.93GG 3730814 February 2014
Regulation for purposes of section 70(4) of the Tax Administration Act, 2011 promulgated under section 257 of the Act, listing the organs of state or institutions to which a senior SARS official may lawfully disclose specified information
 Note:
A municipality established in terms of section 12 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998)
14 February 2014
R.94GG 3730814 February 2014

Regulation for purposes of section 70(4) of the Tax Administration Act, 2011 promulgated under section 257 of the Act, listing the organs of state or institutions to which a senior SARS official may lawfully disclose specified information

 Note:
Companies and Intellectual Property Commission established in terms of section 185 of the Companies Act, 2008 (Act No. 71 of 2008)
14 February 2014
 

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