Must-Know Income Tax Penalties In South Africa

By Tevait Feanle •  Updated: 01/23/24 •  6 min read

Mistakes happen, in life and on your tax calculations. While SARS always offers you the chance to fix mistakes you make, or catch up on your back taxes or missed returns through an honest declaration, that doesn’t make it a ‘get out of jail free’ card that will spare you the penalties and back payments associated with the situation. Today we’re looking at some of the most common income tax penalties in South Africa, as well as how you can avoid triggering them and save yourself some cash.

- ADVERTISEMENT -

Must-Know Income Tax Penalties In South Africa

While SARS does have the right to pursue legal consequences for deliberate tax evasion, refusal to pay your due tax, and other high-profile matters, this is rarely the first step they take. Especially if you are being honest and attempting to rectify the issue with them. The most common ‘first step’ you will face if you have failed to submit returns or pay over amounts due is a series of penalties and late fees which will need to be settled to return your account to a tax-compliant status. There are a variety of penalties they use, but here are some of the most common income tax penalties you will encounter in South Africa:

How Do I Check My SARS Penalties?

You can see any SARS penalties you have been charged in several ways. Perhaps the easiest, especially if you have a payment backlog, is to request a statement from SARS. Here you will see initial amounts due on returns, payments you have made, and separate lines for related penalties, interest, and fees, under each return reference code. If you know there is one specific return on which penalties or fees have been applied, you can also look at the Notice of Assessment for that specific return.

- ADVERTISEMENT -

You can access both of these through the eFiling interface. Log onto the site using your eFiling credentials. For a statement, head to ‘SARS Correspondence’ and request a statement for the period you need. You will also see your historic Notices of Assessment in this tab. Or you can head to ‘returns history’ and choose a specific return. In the return screen, you will also see all Notices of Assessment linked to it.

What is the Penalty for SARS Income Tax?

The penalty for SARS income tax varies based on the specific non-compliance or violation. Each type of penalty has its own set of rules and calculation methods. The penalties may include fixed amounts, percentage-based charges, or a combination of both.

For late submission and late payment penalties, the amounts increase over time, reinforcing the importance of adhering to deadlines. Interest is also applied to all amounts due, not just the core original assessment. Underestimation penalties are calculated based on the extent of the underestimation, while non-compliance penalties can be significant and typically also involve legal consequences.

Can SARS Waive Penalties?

Yes, SARS has the discretion to allow penalty waivers under certain circumstances. While there is no guaranteed process for obtaining a penalty waiver, SARS will review requests on a case-by-case basis. Here are some factors that may be considered for a penalty waiver:

To request a penalty waiver, you can submit a written request to SARS, providing a detailed explanation of the circumstances and supporting documentation. It’s essential to be transparent and honest in your communication to get the best possible hope of a positive outcome.

Remember that it is in SARS’ best interests to work with you (and get their back taxes) rather than take you to court. So for honest mistakes, and cases where people are genuinely trying to become tax compliant, they will usually work with you rather than rush to court action. The worst thing you can do, however, is to ignore the issue, as your bill will get bigger and bigger while you do so, and eventually, they will take legal action.

- ADVERTISEMENT -

Keep Reading

How Tax Rebate Is Calculated

How Tax Rebate Is Calculated

How Tax Rebate Is Calculated. In this extensive handbook, we will explore the realm of tax rebates in South Africa.

How to Calculate Capital Gains Tax In South Africa

How to Calculate Capital Gains Tax In South Africa

How to Calculate Capital Gains Tax In South Africa. But don't fret; we're here to illuminate the art of calculating CGT in this vibrant nation.

Reasons You Still Need to File Your Tax Return 

Reasons You Still Need to File Your Tax Return 

Reasons You Still Need to File Your Tax Return. Here are some good reasons why you should file your tax return

Reasons Why Your Tax Refund Might Be Delayed

Reasons Why Your Tax Refund Might Be Delayed

Today, we’re exploring more about the South African tax refund process, what often delays it, and how you can aim for the smoothest possible experience.

Taxes on Capital Gains

Taxes on Capital Gains

While most only encounter CGT a few times in our lives, it can be a hefty tax burden, and it is critical to understand what it does

What Does a Tax Attorney Do?

What Does a Tax Attorney Do?

This guide explains everything you want to know about the role of the tax attorney, career path, and potential earnings

What is SARS Income Tax Verification?

What is SARS Income Tax Verification?

What is SARS Income Tax Verification? Let us give you more details on SARS tax verification and how to verify your SARS account. 

How the SARS Income TAX Brackets Work

How the SARS Income TAX Brackets Work

This guide is meant to give you the information you need to understand and navigate the tax brackets set by SARS in South Africa easily

How to Change From Paye to Provisional Taxpayer

How to Change From Paye to Provisional Taxpayer

More highlights will be on registering as a provisional taxpayer and calculating your first tax as a provisional taxpayer. 

How to Submit An Income Tax Return (ITR12)

How to Submit An Income Tax Return (ITR12)

Income Tax Return (ITR12. Ensuring your income tax return is accurate is critical- and today we have the tips you need to help you.

What Happens After Submitting Your Tax Return?

What Happens After Submitting Your Tax Return?

Today, we'll explore what happens to your tax return after you click ‘submit’,  and what you can expect to hear from SARS.

WT002 – Return for Withholding Tax on Interest

WT002 – Return for Withholding Tax on Interest

This guide highlights different things about the Return for Withholding Tax on Interest (WT002).     

How to Report Tax Fraud

How to Report Tax Fraud

You can do this by taking different measures. Read on to learn how to report tax fraud.    

How to Claim A Refund For Excess TAX Paid

How to Claim A Refund For Excess TAX Paid

This piece will update you on how to receive a SARS repayment, who can obtain a refund, what to do to acquire a refund

How to Avoid Paying Capital Gains Tax On An Inherited Property

How to Avoid Paying Capital Gains Tax On An Inherited Property

How to Avoid Paying Capital Gains Tax On an Inherited Property. We'll briefly touch on avoiding inheritance tax in South Africa.