No. 1/2019
Finance
demand has not been complied with, so that the duty due
remains outstanding.
(5) The magistrate on considering the application in terms of
subsection (2), may make an order for the following—
(a) payment of the assessed amount; and
(b) immediate attachment of the movable property of the
judgment debtor.
(6) Until the application is determined, the respondent tax
payer shall not in any way deal with the itemised property referred to in
subsection (2)(b) in a manner that will in any way diminish it (failure to
comply with which shall be an offence punishable by a level 10 fine or
imprisonment of six months or both).
(7) Notwithstanding anything contained in the Magistrates Court
Act [Chapter 7:10] or any other law dealing with monetary jurisdiction an
application may be made in terms of subsection (2) with the Magistrates
Court having jurisdiction in respect of the person for any amount not
exceeding fifty thousand dollars (in respect of amounts exceeding that
level, the provisions of this section shall apply with necessary changes
as if the application were made in the High Court).
(8) No action shall be taken in terms of this section where more
than six years have elapsed since the tax duty or penalty referred to in
this section became payable.
(9) Nothing in this section shall be construed as depriving the
Authority of any other remedy for the recovery of tax, additional tax, duty
due, penalties or interest mentioned in the Acts specified in subsection
(1) of this section or as exempting from prosecution and punishment
any person who is liable thereto under any other section of the Acts in
question.
(10) Where, in addition to any amount of tax or additional tax
or duty which is due or is payable by any person in terms of the Acts
specified in subsection (1), any amount of interest or penalty is payable
by him or her in terms of that Act, any payment made by that person in
respect of such tax, additional tax, duty due, interest or penalty which
is less than the total amount due by him or her in respect of such tax,
additional tax, duty due, interest and penalty shall for the purposes of this
section be deemed to be made towards settlement of the tax or additional
tax or duty due in the first instance, until it is fully settled by any future
such payments, and thereafter the payments shall be made—
(a) in respect of such penalty; and
(b) to the extent that such payment exceeds the amount of such
penalty, in respect of such interest.
(11) If any claim is made to or in respect of any movable property
attached pursuant to an order issued in terms of subsection (5) by any
person (“the claimant”) other than the taxpayer against whom such order
is issued, the Authority shall, if it has reason to believe that the property
in question was disposed of to the claimant with the intention of securing
that property against attachment in terms of this section, serve on the
claimant a copy of the provisional order relating to the taxpayer, and
this section shall apply to the claimant as if the claimant is joined in the
proceedings against the taxpayer under this section.
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2019
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