Section 81A: Tax liability of appointed person
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.
81A. Tax liability of appointed person
(1) Where an administrator, executor, receiver or liquidator is appointed
to manage or wind up the business of any company, the appointed person
shall—
(a) give notice of his appointment to the Director-General, within 15
days of the date of his appointment, in such manner and in such
form as the Director-General may approve;
(b) before disposing of any asset of the company, set aside such
sum out of the asset as appears to the Director-General to be
sufficient to provide for any income tax that is or may become
due and payable by the company; and
(c) do everything that is required to be done by a company under
this Act.
(2) Any appointed person who, without reasonable cause or justification,
fails to comply with any of the requirements of subsection (1) shall be
personally liable to pay any income tax that is or may become due and payable and shall commit an offence.
[S. 81A inserted by s. 10 (e) of Act 20 of 2009 w.e.f. 19 December 2009.]
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Questions this section answers
- If I'm appointed to wind up a company, must I set aside money for its unpaid income tax before disposing of its assets?
- Can I be personally liable and prosecuted if, as a liquidator, I don't set aside tax money for the company?