SARS NONCOMPLIANCE PENALTIES

Penalty TypeDescriptionCalculation
Failure to Submit a Return or DocumentPenalty for not submitting required returns or documents on time.Calculated monthly until compliance, up to a maximum of 35 months. – Penalty amount depends on assessed loss or taxable income
Late Submission of EMP501Penalty for late submission of the EMP501 reconciliation.1% of the year’s PAYE liability. This penalty increases by 1% monthly, up to 10% of the year’s PAYE liability.
Failure to Submit Provisional Tax ReturnsPenalty for failing to submit provisional tax returns (IRP6) on time.Penalty applied for each month of non-compliance.
Non-Compliance with Record-Keeping RequirementsPenalty for not maintaining adequate records as required by the Tax Administration Act.Penalty applied for failure to comply with record-keeping requirements.
Failure to Submit Third-Party Data ReturnsPenalty for financial institutions and third parties failing to report required data to SARS.Penalty applied for each month of non-compliance.
Failure to Notify SARS of a Change of ParticularsPenalty for not informing SARS of changes in address or other relevant details within 21 days.Penalty applied for each month of non-compliance.
Failure to Comply with SARS DirectivePenalty for not complying with directives or notifications issued by SARS.Penalty applied for failure to comply with SARS directives or notifications.

The administrative non-compliance penalties are calculated as follows:

Assessed loss or taxable income of R0 – R250,000:

R250 per month

R250,001 – R500,000:

R500 per month

R500,001 – R1,000,000:

R1,000 per month

R1,000,001 – R5,000,000:

R2,000 per month

R5,000,001 – R10,000,000:

R4,000 per month

R10,000,001 – R50,000,000:

R8,000 per month

Above R50,000,000:

R16,000 per month

These penalties accumulate monthly until the required return or document is submitted. It is essential to address any non-compliance issues promptly to minimise financial impact.