Section 27: Penalty for late payment of tax
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
27. Penalty for late payment of tax
(1) Subject to subsection (3), where a taxable person fails to pay any tax
due on or before the last day on which it is payable under section 21 (7), 22,
23, 37, 39 or 66 (4) or 67, he shall be liable to pay to the Director-General,
in addition to the tax and any penalty under sections 15A, 24 (9), 26 (1),
26A and 37A, a penalty of 10 per cent of the tax.
(2) The penalty under subsection (1) shall apply to the tax excluding any
penalty under section 15A, 24 (9), 26 (1), 26A and 37A and any interest
under section 27A.
(3) Where the person referred to in subsection (1) is a small enterprise
and it fails to pay any tax due on or before the last day on which it is payable under section 21 (7), 22, 23, 27E (3) and (10), 37, 39 or 67, the penalty
shall be 2 per cent of the tax.
(4) The penalty under subsection (3) shall apply to the tax excluding any
penalty under section 15A, 24 (9), 26 (2), 26A or 37A and any interest under section 27A.
[S. 27 amended by s. 31 (j) of Act 15 of 2006 w.e.f. 1 October 2006; s. 53 (g) of Act 9 of
2015 w.e.f. 14 May 2015; s. 58 (e) of Act 18 of 2016 w.e.f. 1 October 2016; s. 57 (e) of Act
10 of 2017 w.e.f. 24 July 2017.]
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Questions this section answers
- What penalty do I face for paying VAT after the due date?
- Is the late-payment penalty reduced for a small enterprise?