Tax Amnesty Act

3. Subject to the provisions of section 4, any qualifying person who has made an application under section 2 shall- (a) not be liable for the payment of- (i) any normal tax due in respect of any year of assessment ending before 1 March 1994; (ii) any value-added tax in respect of the supply of goods or services or imported services or on the importation of goods before 1 March 1994; (iii) any employees tax which such person was required to deduct or withhold from remuneration paid by such person or which such person became liable to pay, before 1 March 1995, whether or not such employees tax was in fact deducted or withheld by such person; (iv) any stamp duty in respect of the execution of any instrument before 1 March 1994 or the registration of transfer of any marketable security, before that date; (v) any non-resident shareholders tax in respect of any dividend declared before 1 March 1994; (vi) any secondary tax on companies in respect of any dividend declared before 1 March 1994; (vii) any donations tax in respect of any property disposed of by such qualifying person under a donation which took effect before 1 March 1994; and (viii) any sales tax; (b) not be liable for the payment of any interest due in respect of the late payment of any qualifying tax referred to in section 2, in so far as such interest is due in respect of a period ending not later than the last day of the amnesty period; (c) not be liable for any penalties or additional tax in respect of the non-payment or late payment of any tax or duty referred to in paragraph (a) or (b); and (d) not be subject to criminal prosecution for offences committed in relation to any tax or duty referred to in paragraph (a) or (b). Non-qualifying taxes

4. The amnesty shall not apply to any tax, duty, interest or penalty- (a) which was paid by the qualifying person; or (b) which is payable or becomes payable in consequence of any return or information furnished by the qualifying person or any representative of such person to the Commissioner before 27 April 1994, or in conse- quence of an investigation into the affairs of the qualifying person commenced by the Commissioner before that date and of which the qualifying person or any representative of such person was aware. Provisions relating to sales tax 5. (1) Where any person (whether a qualifying person or not)- (a) is held liable by the Commissioner to pay an amount of sales tax and pays such amount during the amnesty period or within six months thereafter; or (b) is dissatisfied with the calculation of any amount of sales tax which such person is held liable by the Commissioner to pay and such person makes application within the amnesty period for the matter to be re-examined and thereafter during, or within nine months after, the amnesty period, pays such sales tax as is finally determined by the Commissioner as a result of such re-examination, no penalty shall, notwithstanding the provisions of the Sales Tax Acts, be payable in terms of the provisions of such Sales Tax Acts: Provided that where such amount has not been paid in full within the time allowed in terms of paragraph (a) or (b), as the case may be, such penalty shall be payable in respect of the amount which has not been paid. (2) Where the Commissioner is satisfied that any person is unable for any reason to furnish accurate information in respect of any matter relating to the determination of the liability for the payment of any sales tax by such person, the Commissioner may for the purpose of bringing such matter to finality agree with such person as to the amount of sales tax payable and, notwithstanding anything to the contrary in the Sales Tax Acts, raise an assessment on such person giving effect to such agreement, which assessment shall not be subject to objection and appeal. (3) If the amount of sales tax so agreed upon is paid within nine months after the date of such assessment, no penalty shall be payable: Provided that where such amount has not been paid in full within the time allowed, any penalty in terms of the provisions of the Sales Tax Acts shall be payable in respect of the amount which has not been paid. Withdrawal of amnesty

6. An amnesty granted to any qualifying person shall be withdrawn- (a) if such person wilfully makes any default in complying with the undertaking referred to in section 2(2); or (b) if, without reasonable grounds, such person fails to pay any tax or duty contemplated in section 2 which is due by such person- (i) within a period of one year after the end of the amnesty period; or (ii) where such person has agreed to pay such tax or duty within a shorter period, within such shorter period. Short title

7. This Act shall be called the Tax Amnesty Act, 1995.