What is the penalty for not filing tax returns for SARS?

Asked by: Carlo Bechtelar  |  Last update: June 4, 2026
Score: 4.9/5 (17 votes)

Failure to file tax returns with SARS (South African Revenue Service) results in administrative penalties ranging from R250 to R16,000 per month, depending on taxable income. These penalties can recur monthly for up to 35 months. Additionally, SARS may charge interest, impose underestimation penalties for provisional tax, or, in severe cases, pursue legal action.

How much are SARS penalties?

SARS levies various fixed-amount penalties, calculated on a sliding scale based on your taxable income, for different non-compliance issues, including late or missing returns. These can range from R250 to R16,000 a month. Penalties on an outstanding return recur every month, up to a maximum of 35 months.

Can I get in trouble for not filing a tax return?

If penalties and interest aren't motivating enough and you outright refuse to file taxes, the IRS can enforce tax liens against your property or even pursue civil or criminal litigation against you until you pay. The severity of your refusal will determine the path the IRS will take.

What is the SARS penalty statement?

Failing to file your tax returns by the SARS deadline triggers a monthly penalty, which continues to accrue until you submit your return or until the penalty reaches the maximum duration of 35 months. They base the penalty amount on your income bracket and ranges from R250 to R16,000 per month.

How much is the penalty for not filing returns?

Penalty - 20% of tax involved is charged. Offence - Failure to file annual returns by the due date. Penalty - Additional tax equal to 5% of the normal tax, or Ksh. 10,000 in for Non-Individual Taxpayers.

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What are the consequences of not filing returns?

You may miss out on tax refunds and deductions, increasing your financial burden. Delayed filing can result in additional interest charges, impacting your budget. Not filing taxes affects your loan eligibility and visa applications. Persistent non-compliance can lead to imprisonment under Section 276CC.

What is the minimum to not file a tax return?

Single filing status. don't have any special circumstances that require you to file (like self-employment income) earn less than $15,750 (which is the 2025 Standard Deduction for a taxpayer filing as Single)

What is the 5 year rule for SARS?

How long the records must be kept? ​Five years: counting from the date of submission of a return until the last day of the period. ​A person required to submit a return but has not complied. ​Five years: After the end of the five years period, indefinitely until the return is submitted.

What happens if I miss the tax deadline in South Africa?

When you don't submit your return by the due date, SARS automatically flags your profile as non-compliant. This means: Monthly penalties start accumulating until you submit. Interest charges may apply if you owe tax.

How long can you legally go without filing taxes?

There's no official limit to how many years you can go without filing taxes, but the IRS expects you to file if required, and the statute of limitations on the IRS assessing tax or collecting never starts until you actually file, meaning they can pursue unfiled returns from any year, even decades old. While the IRS often focuses on the last six years, waiting increases penalties and interest, and you risk losing any potential refunds after three years; proactively filing past-due returns is always best. 

How can I avoid tax filing penalties?

You can avoid a penalty by filing accurate returns, paying your tax by the due date, and furnishing any information returns timely.

How many years is considered tax evasion?

Put simply, this means the federal tax fraud statute of limitations is three years past your filing date. However, if the IRS discovers that over a quarter of your income was omitted on your tax return, the statute of limitations doubles. In other words, the agency has six years to file charges against you.

What if I haven't filed my tax return in 10 years?

Failing to file taxes for 10 years can have severe financial and legal consequences. The IRS imposes penalties for not filing individual income tax returns, and interest accrues on any unpaid taxes, resulting in a larger tax liability over time.

What is the penalty for not paying taxes in South Africa?

The South African Revenue Service (SARS) imposes steep penalties for unpaid tax debt — including a 10% late-payment penalty, ongoing monthly administrative penalties, and understatement penalties of between 10% and 200% of any shortfall.

How are SARS penalties calculated?

The penalty is levied on the amount of the shortfall to the fiscus. Described in broad terms, this is calculated as the difference between the tax that is properly chargeable and the amount that would have been charged had the taxpayer's declaration been accepted.

Can tax penalties be forgiven?

Failure-to-file penalties

If you're hit with an IRS penalty for filing your tax return late, the IRS can waive the penalty if you have a good reason for not fulfilling your filing obligations. Examples of sufficient reasons for failing to file on time include: serious illness impacting your ability to file.

What happens if you don't file your taxes on time?

You might have to pay IRS penalties and interest if you file your federal income tax return after the April deadline, your due date isn't extended, and you end up with a tax bill. First, the IRS charges a 5% penalty per month on any tax due if your return is filed late. The penalty is capped at 25% of the tax owed.

How far back can SARS audit you in South Africa?

How far back can SARS audit your taxes in South Africa? SARS can typically audit up to 5 years back from the date of assessment. However, if there is fraud, misrepresentation, or non-disclosure, SARS can go back indefinitely, with no time limit.

How many years of back taxes can you file for?

There is no hard limit on how many years you can file back taxes. However, to be in “good standing” with the IRS, you should have filed tax returns for the last six years. If you're due a refund or tax credits, you must file the return within three years of the original due date to claim it.

Do I have to pay tax in South Africa if I live abroad?

Even if you're working in a foreign country to which you're emigrating, your South African tax status doesn't change automatically – you are considered ordinarily resident in SA (and thus liable for South African taxes) until you complete the SARS procedure to cease being a South African tax resident.

How to avoid tax penalties?

The IRS will not charge you an underpayment penalty if:

  1. You pay at least 90% of the tax you owe for the current year, or 100% of the tax you owed for the previous tax year, or.
  2. You owe less than $1,000 in tax after subtracting withholdings and credits.