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

Savings Tax in South Africa

Savings Tax in South Africa

Today we will be looking at all things tax- and savings-related, from the amount of money you can keep in your bank account without taxation

How to Submit Provisional Tax to SARS

How to Submit Provisional Tax to SARS

This article will guide you through submitting your provisional tax return to SARS. 

How Are Married Couples Taxed In South Africa?

How Are Married Couples Taxed In South Africa?

This article will explain how married couples are taxed in South Africa, how much money they can gift to a family member tax-free

How Is Bonus Tax Calculated In South Africa

How Is Bonus Tax Calculated In South Africa

How Is Bonus Tax Calculated In South Africa. Our aim is to illuminate the complexities of this system and provide clarity regarding the role of SARS.

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 Are the Consequences of Not Paying Tax?

What Are the Consequences of Not Paying Tax?

What Are the Consequences of Not Paying Tax? Read on to learn the consequences of not paying taxes to the government.    

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

Stamp Duty And Registration Charges In South Africa

Stamp Duty And Registration Charges In South Africa

The article explores the topic of registration fees and stamp duty. Learn about them, their determination, and the total amount required to transfer property ownership

How to Pre-Validate A Bank Account to Get An Income Tax Refund?

How to Pre-Validate A Bank Account to Get An Income Tax Refund?

The process for pre-validating your bank account to receive a refund of income taxes in South Africa is presented in this article.

What is the Difference Between TAX and VAT?

What is the Difference Between TAX and VAT?

There are two main characters in the tax story that individuals and businesses meet quite often - income tax and VAT.

Why is the Pension Fund in South Africa an Allowable Tax Deduction?

Why is the Pension Fund in South Africa an Allowable Tax Deduction?

In this article, we'll delve into the specifics of why pension funds are an allowable tax deduction in South Africa

What Is SARS Tax Credit?

What Is SARS Tax Credit?

These include the property rates tax credit, the investment tax credit, the tax credit for medical scheme fees, and the credit for economic development.

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 Become Tax Compliant in South Africa

How To Become Tax Compliant in South Africa

Today, we have a brief guide to tax compliance in South Africa to help you get your tax affairs in order.

Why SARS May Reject Your Tax Return

Why SARS May Reject Your Tax Return

Today we look at the common reasons for rejection of a filed return, and how to resolve these issues for a smooth and compliant tax filing process