SARS administrative penalty recovery

SARS Administrative Penalties Can Grow Every Month — Stop the Recurrence and Recover the Compliance Position

A company can move from one outstanding return to a growing SARS penalty balance surprisingly quickly. LBA helps businesses identify what triggered the administrative penalties, submit the returns that are keeping the non-compliance alive, reconcile the penalty account and prepare the appropriate remission or recovery pathway without promising an outcome SARS alone can decide.

Why this matters now

A recurring admin penalty is not a once-off fine — delay can increase the balance month after month.

SARS states that fixed-amount administrative penalties for return non-compliance can range from R250 to R16,000 per month depending on taxable income and can recur monthly while the non-compliance continues, up to the applicable limit. For companies, the corporate-income-tax penalty process includes a final demand and a 21-business-day period to submit the outstanding return before the penalty is imposed.

Control areas

First stop the recurring non-compliance, then deal with the penalty balance on its own facts.

Paying a penalty does not by itself fix an outstanding return. The recovery process should identify every missing return and penalty transaction, get the filing position current where possible, then determine whether payment, remission, objection or another SARS process is appropriate for the remaining balance.

Outstanding returns

Identify exactly which company income-tax returns are still outstanding and whether those filings are continuing to trigger recurring penalties.

Penalty statement

Reconcile the AP34 notices and penalty statement of account so management can see the periods, transactions and accumulated exposure clearly.

Remission readiness

Assess whether the facts support a Request for Remission and organise the reasons, periods, amounts and supporting evidence required for a defensible submission.

Compliance recovery

Connect the penalty issue to the wider SARS profile, including tax returns, debt, registrations, correspondence and Tax Compliance Status where relevant.

How LBA approaches the work

Penalty recovery works best when the return problem and the penalty problem are separated but managed together.

The immediate objective is to stop avoidable recurrence. The second objective is to build a supported case for whatever remains outstanding after the company has corrected the underlying filing position.

01

Extract

Review the SARS profile, outstanding-return list, AP34 notices, penalty transactions and relevant correspondence.

02

Quantify

Map the penalty periods and amounts against the outstanding returns so the company understands what is still recurring and what has already crystallised.

03

Remedy

Prepare and submit the outstanding returns that can be completed from the available accounting records and supporting information.

04

Reconcile

Confirm the updated penalty and compliance position after filing rather than assuming the account has corrected itself automatically.

05

Request

Where the facts support it, prepare a Request for Remission with the circumstances, periods, amounts and evidence required by the SARS process.

06

Resolve

Track the SARS outcome and determine whether payment, a debt arrangement, objection or further specialist escalation is required.

Common failure points

The balance becomes dangerous when the business treats the penalty notice as the whole problem.

These are the patterns that commonly allow a manageable filing issue to turn into a much larger compliance and cash-flow problem.

Returns remain outstanding

The company pays or queries the penalty but leaves the underlying return unresolved, allowing further monthly penalties to continue.

AP34 notices were ignored

Penalty assessments and final demands were not routed to the person responsible for tax compliance, so the problem accumulated unnoticed.

Old records are incomplete

Returns cannot simply be filed because prior-year accounting records, tax calculations or supporting schedules first need reconstruction or reconciliation.

Remission is treated as automatic

A request is submitted without a coherent explanation or supporting facts even though SARS requires reasons for the non-compliance and decides each case on its merits.

Penalty and tax debt are mixed together

Management cannot tell what is tax, interest, administrative penalty or another charge, making it difficult to choose the correct recovery process.

Compliance status is needed urgently

A tender, funding process, transfer or supplier requirement exposes the penalty and outstanding-return problem only when good standing becomes time-critical.

Evidence and readiness

A useful penalty-recovery file should show what SARS charged, what caused it and what has now been corrected.

The exact evidence depends on the history of the company and the reason for non-compliance, but the working file should allow each penalty transaction and recovery action to be traced.

Discuss your current position

Illustrative evidence file

AP34 notices

Penalty assessment notices and relevant final-demand correspondence showing the periods and non-compliance identified by SARS.

Penalty account

The administrative-penalty statement of account or transaction history used to reconcile recurring charges and payments.

Outstanding-return map

A year-by-year schedule of company income-tax returns, filing status, available records and unresolved information.

Accounting support

Trial balances, annual financial statements, reconciliations and tax schedules needed to complete legitimate outstanding returns.

Remission evidence

Documents and explanations supporting the circumstances relied on in a Request for Remission, where such a request is appropriate.

Outcome tracker

SARS submissions, case numbers, decisions, payments, objections and next actions kept in one chronology until the matter is resolved.

Common questions

What businesses usually want to know before they act.

Why is SARS charging my company an administrative penalty every month?

SARS states that administrative non-compliance penalties for outstanding returns can recur every month while the non-compliance continues. For a company, the first recovery step is therefore to identify and submit the outstanding return where the records allow it, rather than dealing only with the penalty balance.

How much can a SARS administrative penalty be?

Current SARS guidance states that fixed-amount administrative penalties for failure to submit a return can range from R250 to R16,000 per month depending on the taxpayer's taxable income. The actual company account and penalty notices must be reviewed because the applicable amount and periods depend on the specific tax record.

How long can SARS administrative penalties keep recurring?

SARS currently states that recurring administrative penalties can continue monthly for up to 35 months while the relevant non-compliance remains unresolved. The company's actual penalty history should still be reconciled directly to eFiling and SARS correspondence.

Can LBA get SARS administrative penalties cancelled?

No adviser can guarantee that SARS will remit a penalty. LBA can help correct the underlying non-compliance, assess whether a Request for Remission is appropriate, prepare a supported submission and manage the agreed follow-up process. SARS decides the outcome.

Must outstanding returns be filed before requesting remission?

SARS guidance emphasises remedying the underlying non-compliance and advises taxpayers to submit outstanding returns to stop further recurring penalties. The precise remission route should be assessed against the company's facts and the current SARS process before submission.

What happens if SARS refuses the Request for Remission?

SARS states that where a Request for Remission is disallowed or only partly allowed, the taxpayer may be able to object and, if still aggrieved after the objection outcome, appeal. The dispute path and deadlines should be checked against the current SARS notice and rules for the specific matter.

Can a dormant company still receive SARS admin penalties?

A company that has stopped trading can still have income-tax filing obligations while it remains registered and on the SARS system. The correct approach is to confirm which returns SARS requires and file accurate returns for those periods rather than assuming inactivity removed the obligation.

Next step

Have SARS admin penalties started accumulating against your company?

We can review the outstanding returns, AP34 notices, penalty transactions, accounting records and wider compliance profile, then build a recovery sequence around the facts. Remission or dispute outcomes remain subject to SARS's decision.

Book a SARS Penalty Review