The Tax Administration Act 28 of 2011 was promulgated on 4July 2012. Section272 of the Act provides that, subject to certain exceptions for which commencement dates have been set by s272, the Act comes into operation on a date determined by the President by proclamation in theGazette. The President is, further, empowered to determine different commencement dates for different provisions.
The President has now, in GN51Government Gazette35687 of 14September 2012, determined that the commencement date of the Act, except the provisions mentioned below, is 1October 2012.
The commencement dates of the following provisions have not been set by the President:
Section182(2), which provides that interest payable under a tax Act is calculated on the daily balance owing and compounded monthly, and that the Minister of Finance may prescribe by public notice from which date this method of determination of interest will apply to a tax type.
Section187(3)(a) to (e), which details what the effective date is for various types of taxes and penalties.
Section 187(4), which deals with the effective date for additional and reduced assessments.
Section188(2) and (3), which deals with the period over which interest accrues on certain amounts.
Section189(2) and (5), which deals with the rate of interest chargeable in certain situations.
Provisions of Schedule1 to the Act that amend or repeal a provision of a tax Act relating to interest under that tax Act, to the extent that it is amended or repealed.
Section 240A of the Tax Administration Act, 2011 (as amended) requires that all tax practitioners register with a recognized controlling body before 1 July 2013. It is a criminal offense to not register with both a recognized controlling body and SARS.
MINIMUM REQUIREMENTS TO REGISTER
The Act requires that a minimum academic and practical requirments be set to register with a controlling body. Click here for the minimum requirements of SAIT.