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.

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.

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.

Keep Reading

How to Become A Tax Practitioner At SARS

How to Become A Tax Practitioner At SARS

We’re here with the details you need about becoming a tax practitioner at SARS today. 

How Is Income Tax Collected In South Africa?

How Is Income Tax Collected In South Africa?

How Is Income Tax Collected In South Africa? Income tax offers the bulk of earnings for the South African government.

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.

What Is Reconciliation to Taxable Income?

What Is Reconciliation to Taxable Income?

In this blog post, our focus will be on taxable income. We will give you insight on reconciliation to taxable income

Is TAX Paid Monthly Or Yearly In South Africa?

Is TAX Paid Monthly Or Yearly In South Africa?

So, let’s raise a toast to understanding taxes - here’s to a prosperous journey in South Africa!

What Is Income Tax Return Online Rectification

What Is Income Tax Return Online Rectification

In this article, you'll explore income tax return online rectification in South Africa: duration, status check, requirements, and the process when requesting correction from SARS.

Why Your Tax Refund Might Be Delayed

Why Your Tax Refund Might Be Delayed

Today, we will be looking at this issue in more depth and how to give your income tax refund the best possible chance of being processed quickly.

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.    

Difference Between Tax Avoidance and Tax Evasion?

Difference Between Tax Avoidance and Tax Evasion?

Tax avoidance and tax evasion are often used interchangeably. Read on to learn the difference between tax evasion and tax avoidance.    

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.

SARS Tax Procedure to Follow When An Employee Dies?

SARS Tax Procedure to Follow When An Employee Dies?

SARS Tax Procedure to Follow When An Employee Dies? When an employee's life journey concludes, there are essential steps regarding their tax matters

How Tax Reduction Stimulates Economic Recovery

How Tax Reduction Stimulates Economic Recovery

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.

What Is the Securities Transfer Tax (STT) in South Africa?

What Is the Securities Transfer Tax (STT) in South Africa?

Today we will be exploring one of these- the Securities Transfer Tax, or STT. If you regularly interact with financial markets or investments, this is one you should properly understand.

Difference Between Input and Output Tax in South Africa

Difference Between Input and Output Tax in South Africa

he difference between these two is the VAT paid to the tax authorities. Read on to learn the difference between input and output tax in South Africa.