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The understatement penalty regime in terms of the Tax Administration Act 28 of 2011
Dissertation (LLM (Tax Law))--University of Pretoria, 2023.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2023
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| _version_ | 1867613458828099584 |
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| access_status_str | Open Access |
| author2 | Van Zyl, Stephanus |
| author_browse | Van Zyl, Stephanus |
| author_facet | Van Zyl, Stephanus |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLM (Tax Law))--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/93521 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:28.597Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/93521 The understatement penalty regime in terms of the Tax Administration Act 28 of 2011 Van Zyl, Stephanus prishni30@gmail.com Chetty, Prishni UCTD Understatement penalty Burden of proof Bona fide inadvertent error Constitutionality Purpose of the USP regime Dissertation (LLM (Tax Law))--University of Pretoria, 2023. The principal goal of penalties is based on a simple premise, namely that the threat of punishment deters unwanted behaviour (i.e., non-compliance and tax evasion). The purpose of the understatement penalty (“USP”) regime under the Tax Administration Act, 28 of 2011 (“TAA”) is to encourage voluntary compliance and deter unwanted behaviour such as non-compliance and tax evasion. Thus, the purpose of the understatement penalty regime is not to raise money for the fiscus, but rather to ensure taxpayer compliance. As a result of the absence of a clear definition of the meaning of the phrase “bona fide inadvertent error”, taxpayers are subjected to an inconsistent application of the criteria by SARS officials that could result in subjectivity and the imposition of understatement penalties in situations where it is not applicable. Included in the definition of ‘tax’ are penalties (including USPs in terms of section 221). The constitutionality of the USP regime is yet to be raised and disputed by a taxpayer in the Constitutional Court, however, the question arises as to whether, having regard to the purpose of the USP regime as well as the burden of proof, it is reasonable and justifiable for SARS to levy USPs which become due and payable when an assessment is issued before SARS can actually satisfy its burden of proof? Mercantile Law LLM (Tax Law) Unrestricted Faculty of Laws 2023-11-29T07:04:03Z 2023-11-29T07:04:03Z 2024 2023 Dissertation * A2024 http://hdl.handle.net/2263/93521 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Understatement penalty Burden of proof Bona fide inadvertent error Constitutionality Purpose of the USP regime The understatement penalty regime in terms of the Tax Administration Act 28 of 2011 |
| title | The understatement penalty regime in terms of the Tax Administration Act 28 of 2011 |
| title_full | The understatement penalty regime in terms of the Tax Administration Act 28 of 2011 |
| title_fullStr | The understatement penalty regime in terms of the Tax Administration Act 28 of 2011 |
| title_full_unstemmed | The understatement penalty regime in terms of the Tax Administration Act 28 of 2011 |
| title_short | The understatement penalty regime in terms of the Tax Administration Act 28 of 2011 |
| title_sort | understatement penalty regime in terms of the tax administration act 28 of 2011 |
| topic | UCTD Understatement penalty Burden of proof Bona fide inadvertent error Constitutionality Purpose of the USP regime |
| url | http://hdl.handle.net/2263/93521 |