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Plan your compromise process carefully
- 28 August 2026
- Tax Administration
- Adv Christel van Wyk
Once a compromise agreement under sections 192 to 205 of the Tax Administration Act 28 of 2011 (“TAA”) is concluded, the taxpayer should generally assume that the tax years covered by the compromise are closed. The agreement is therefore more than a payment arrangement: it is a binding legal settlement of the tax debt for those periods. Once signed, the taxpayer may be precluded from later claiming a foreign tax credit, lodging an objection or requesting a reduced assessment for those same years.
A SARS compromise is therefore more than a payment arrangement. It is a binding legal settlement of the tax debt for the tax years included in the agreement. Once signed, the taxpayer may be precluded from later claiming a foreign tax credit, lodging an objection or requesting a reduced assessment for those same years.
The practical effect follows from the principles set out below.
Final discharge of the tax debt
A permanent write-off under a compromise is final and extinguishes the tax debt, unless fraud or material misrepresentation is later discovered. Once the relevant debt has been compromised and discharged, there is generally no remaining debt to dispute for the years covered by the agreement.
Binding effect of compromise agreements
A compromise is a legally binding agreement between SARS and the taxpayer. Once concluded, SARS may no longer pursue the compromised debt, and the taxpayer is similarly bound by the finality of the settlement for the years included in the compromise.
Relationship with settlement principles under the TAA
Although a compromise is governed by sections 192 to 205 of the TAA, rather than the settlement provisions in Part F, similar finality considerations apply. Section 99 of the TAA sets out the prescription rules and exceptions that may affect whether an assessment can be raised or revisited. Accordingly, once a compromise has been concluded, the taxpayer should not assume that the relevant years can later be reopened unless the agreement expressly preserves that possibility.
Foreign tax credit claims
Claiming a foreign tax credit, typically under section 6quat of the Income Tax Act, 58 of 1962, usually requires an adjustment to the relevant assessment, whether by way of correction, objection or reduced assessment. If the year in which the foreign tax credit should have been claimed is covered by a concluded compromise, that adjustment may no longer be available because the compromise has brought finality to that year.
However, if the compromise does not expressly include the relevant tax year, or the foreign tax credit relates to a year outside the scope of the compromise, the taxpayer may still be able to correct that year, provided the assessment has not prescribed under section 99 of the TAA.
Practical steps before signing
Before signing a compromise agreement, the taxpayer should:
- Identify all years in which foreign tax credits may have been omitted.
- Decide whether those years should be excluded from the compromise if correction remains necessary.
- Where feasible, request SARS to allow the correction before the compromise is concluded.
- Confirm in writing the tax years covered by the compromise and whether the agreement preserves any right to dispute or correct prior years.
Conclusion
Accordingly, a compromise should be treated as the taxpayer’s final opportunity to regularise the position for the tax years covered by the agreement. Any omitted foreign tax credits, unresolved objections or required assessment corrections should be identified and addressed before signature or expressly excluded from the scope of the compromise where appropriate. A careful review of the taxpayer’s position before conclusion of the agreement is therefore essential to avoid inadvertently extinguishing remedies that may otherwise have remained available.
Practitioners seeking a more detailed examination of compromise agreements and the review required before signature may register for the upcoming webinar.
This article is intended for general information only and does not constitute legal or tax advice. Taxpayers should obtain advice on the specific facts and terms of any proposed compromise agreement before signing.