The new understatement penalty regime: A sharp ‘sword’?

Journal of Economic and Financial Sciences

 
 
Field Value
 
Title The new understatement penalty regime: A sharp ‘sword’?
 
Creator van Zyl, Linda
 
Subject bona fide inadvertent error; burden of proof; understatement penalty; substantial understatement; reasonable care; reasonable grounds; gross negligence; intentional tax evasion
Description The objective of this article was to form an opinion on the sharpness of the ‘sword’ of the new mandatory understatement penalty regime of the Tax Administration Act 28 of 2011 (as amended). Based on a review of the new bona fide inadvertent error exclusion and the burden of proof, it was found that it is imperative that comprehensive guidelines be issued expediently in order to prevent inconsistent application by South African Revenue Service (SARS) officials as well as to clarify the alleged automatic penalty position. The conclusion reached is that this sword is very sharp indeed based on its mandatory nature, the effect of the application of the highest penalty percentage and the current lack of guidance from SARS, especially regarding the practical application of the new bona fide inadvertent error exclusion.
 
Publisher AOSIS
 
Contributor
Date 2014-10-31
 
Type info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion —
Format application/pdf
Identifier 10.4102/jef.v7i3.243
 
Source Journal of Economic and Financial Sciences; Vol 7, No 3 (2014); 907-924 2312-2803 1995-7076
 
Language eng
 
Relation
The following web links (URLs) may trigger a file download or direct you to an alternative webpage to gain access to a publication file format of the published article:

https://jefjournal.org.za/index.php/jef/article/view/243/323
 
Rights Copyright (c) 2014 Linda van Zyl https://creativecommons.org/licenses/by/4.0
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