Section 116A: Doubt on interpretation or treatment
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
116A. Doubt on interpretation or treatment
(1) Where a person is in doubt regarding the interpretation of the law or
treatment in respect of any matter to be contained in a return required under
section 112 or 116, the person may submit the return according to his interpretation of the law or treatment of the matter provided that he draws the
attention of the Director-General to the matter in question in the return by
specifying the doubt.
(2) Where a person specifies the doubt referred to in subsection (1)—
(a) he shall be treated as having acted in good faith; and
(b) no penalty shall be imposed under section 122 in respect of any
additional tax resulting from any subsequent adjustment in relation to the doubt specified.
[S. 116A inserted by s. 9 (s) of Act 10 of 2010 w.e.f. 1 January 2011; repealed by s. 8 (zi) of
Act 37 of 2011 w.e.f. 1 January 2012; inserted by s. 27 (p) of Act 18 of 2016
w.e.f. 1 July 2017 in respect of the year of assessment commencing on 1 July 2017 and in
respect of every subsequent year of assessment.]
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Questions this section answers
- If I'm unsure how to treat something in my tax return, can I flag my doubt to avoid a penalty later?