No.8
FINANCE
(No. 2) 2014
(a)
interest relating to unpaid taxes and tax irregularities described in
subsection (1); and
(b)
penalties relating to covered tax.
(3) The amnesty shall not extend to the principal amount of any covered tax
due.
(4) Subject to the conditions set out in this Act, when an amnesty is granted for
any covered tax, it shall preclude the Authority and theN ational Prosecuting Authority
from prosecuting any offender or imposing administrative penalties for(a)
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false declarations or evasion of covered tax;
(b)
not having made the returns or payments of covered tax in due time;
(c)
non-payment of covered tax or non-submission of returns of covered tax;
(d)
fraud, negligence or wilful default with respect to covered tax.
Application for and granting of amnesty
(1) A person who, but for this Part, would be liable-
(a)
to any civil or administrative penalty; and
(b)
to be prosecuted by the National Prosecuting Authority;
for non-payment of tax or other tax irregularity in connection with any covered tax
committed or occurring during the amnesty period may, no later than the 31st March,
2015, apply for amnesty in terms of this Part.
(2) An application for amnesty shall be in writing and in a form as shall be
prescribed by the Minister.
(3) An application for amnesty shall only be considered if it is lodged with any
office of the Authority by the 31st March, 2015.
(4) An amnesty shall be granted only upon the applicant having made full
disclosure in conformity with such conditions as may be prescribed by the Minister, in
respect of unpaid taxes and tax irregularities, and upon having provided such supporting
documents in connection with the application for the amnesty as may be required.
(5) Unless the Commissioner-General requires further information from the
applicant in connection with his or her application, the Commissioner-General shall
determine every application for an amnesty within ten days from the date of receiving
the application.
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Eligibility for amnesty
Any application for amnesty shall be invalid(a)
in respect of covered tax, penalties, and interest for tax periods with
respect to which a tax audit or investigation had commenced before the
lst October, 2014:
Provided that, for the avoidance of doubt, if any such audit or
investigation(i) had commenced before the 1st October, 2014, and had been
completed before that date; or
(ii) had commenced before the 1st October, 2014, but had not
been completed before the 31st March, 2015;
without uncovering any non-payment of tax or other tax irregularity which,
to the knowledge of the investigated or audited person, had in fact been
committed or had occurred during the amnesty period, such person may
validly apply for amnesty in accordance with this Part;
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2014