
Draft amendments narrow taxpayers’ ‘bona fide inadvertent error’ defence
The proposal restricts the ‘bona fide inadvertent error’ defence under the understatement penalty regime to cases where the tax shortfall is a ‘substantial understatement’.

The proposal restricts the ‘bona fide inadvertent error’ defence under the understatement penalty regime to cases where the tax shortfall is a ‘substantial understatement’.

The move will limit taxpayer defences that rely solely on claiming an unintentional mistake.

Expert legal interpretations, even if contrary to SARS’s stance, may not automatically result in understatement penalties.