A critical analysis of third-party personal liability for tax debts in ss 183 and 184 of the Tax Administration Act 28 of 2011

Third-party personal liability provisions are contained in ss 183 and 184 of the Tax Administration Act 28 of 2011. Based on jurisdictional requirements, specific areas of uncertainty were identified and motivated the purpose of the article to investigate such uncertainties to offer guidance for taxpayers, policymakers, and tax authorities. The objectives of the article were to investigate the meaning of certain terms (‘tax debt’ and when such a tax debt would arise, ‘dissipation of assets’, ‘knowingly’, and ‘same rights against the powers of recovery’) and to investigate the alignment of the third-party personal liability provisions with the fundamental principles of equity and certainty as advocated by Adam Smith. Based on the findings, the article proposes refinements to ss 183 and 184, including guidance on the necessity of assessments, the clarification of procedural steps, and the establishment of comprehensive frameworks for imposing personal liability. These recommendations aim to enhance clarity, efficacy, and fairness, contributing valuable insights to ongoing discussions on taxpayer rights and the equitable functioning of the tax system.

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Publication Details

Journal
South African Mercantile Law Journal
Published
2025-01-01
DOI
https://doi.org/10.47348/samlj/v37/i1a1
Primary Topic
Legal Issues in South Africa
Type
article
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article

A critical analysis of third-party personal liability for tax debts in ss 183 and 184 of the Tax Administration Act 28 of 2011

Rudie Nel, Jean-Roux Van Huyssteen
South African Mercantile Law Journal
Legal Issues in South Africa
article

A critical analysis of third-party personal liability for tax debts in ss 183 and 184 of the Tax Administration Act 28 of 2011

Rudie Nel, Jean-Roux Van Huyssteen
article en

Abstract

Third-party personal liability provisions are contained in ss 183 and 184 of the Tax Administration Act 28 of 2011. Based on jurisdictional requirements, specific areas of uncertainty were identified and motivated the purpose of the article to investigate such uncertainties to offer guidance for taxpayers, policymakers, and tax authorities. The objectives of the article were to investigate the meaning of certain terms (‘tax debt’ and when such a tax debt would arise, ‘dissipation of assets’, ‘knowingly’, and ‘same rights against the powers of recovery’) and to investigate the alignment of the third-party personal liability provisions with the fundamental principles of equity and certainty as advocated by Adam Smith. Based on the findings, the article proposes refinements to ss 183 and 184, including guidance on the necessity of assessments, the clarification of procedural steps, and the establishment of comprehensive frameworks for imposing personal liability. These recommendations aim to enhance clarity, efficacy, and fairness, contributing valuable insights to ongoing discussions on taxpayer rights and the equitable functioning of the tax system.

South African Mercantile Law JournalVol. 37(1)
Openalex Percentile: Top 64%
Legal Issues in South Africa
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