SARS PAYE not paid

r4nd0m said:
You're assuming OP had knowledge of this for 3 years.

It could only have been presented to him recently while he successfully filed subsequent returns.
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Obviously OP did not sort it out 3 years ago, hence why OP is in this situation. My argument is now and for the future, make sure you check your stuff monthly. Also why I said this needs to be taught in school.

Unfortunately you might need to pay up, but you can arrange with Sars to split the payments over a couple of months. This will be in addition to your current tax you need to keep up to date
 
RedViking said:
My argument is now and for the future, make sure you check your stuff monthly.
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My argument is that the system might not keep a status of failed PAYE payments by your employer.

Kindly let me know if this is viewable via the efilling portal, because then I would have learnt something and would check every month myself.
 
r4nd0m said:
My argument is that the system might not keep a status of failed PAYE payments by your employer.

Kindly let me know if this is viewable via the efilling portal, because then I would have learnt something and would check every month myself.
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Log in monthly check that your stuff is up to date.

Can't you specify your contact details and who should be informed? Or is it only employer who gets notifications?
 
RedViking said:
Log in monthly check that your stuff is up to date.

Can't you specify your contact details and who should be informed? Or is it only employer who gets notifications?
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There is no way that an employee can check on their personal efiling profile if the PAYE that was deducted monthly was declared by the company in the EMP201 or if it was ever paid over to sars by the employer.

The IRP5 is only a confirmation of what taxes where deducted and declared by the employer on their EMP501and is also not proof that it was actually paid over to sars.
 
AchmatK said:
There is no way that an employee can check on their personal efiling profile if the PAYE that was deducted monthly was declared by the company in the EMP201 or if it was ever paid over to sars by the employer.

The IRP5 is only a confirmation of what taxes where deducted and declared by the employer on their EMP501and is also not proof that it was actually paid over to sars.
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Ouch, well that is crazy then. Then surely SARS need to take this up for the company! My bad....

In that case SARS need to make sure the info is available if they want the employee to take the responsibility.
 
RedViking said:
Ouch, well that is crazy then. Then surely SARS need to take this up for the company! My bad....

In that case SARS need to make sure the info is available if they want the employee to take the responsibility.
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Yah, there isn't any way. You can check your annual return but not sure if that even has the actual paid amounts vs declarations.
 
@rand0m just checked what @AchmatK posted. I didn't realise employees have no access to knowing whether payments have been received or not. I always though the IRP5 and IRP 12 will only get issued if payment was in fact successful as well.

In that case SARS really need to work on their system so employees can make sure their taxes are in order.
 
All good @RedViking

My issue is that SARS won't let go of their mandatory cash cow (PAYE), but still expect the employee to pony up when the employer fails their duties.

There's no control of the process and no way to check. All employees are subject to this potential failing by our employers.

The fact that SARS is coming after this guy 3 years later is scary.
 
RedViking said:
Why don't you have access to your SARS account?
You should check it monthly.

Sort it out right now. Don't wait 3 years.
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Everything was in order. Received the message last week that there is outstanding PAYE.

Tell me how do you check that PAYE are paid to SARS after being deducted from your salary ?
 
RedViking said:
@rand0m just checked what @AchmatK posted. I didn't realise employees have no access to knowing whether payments have been received or not. I always though the IRP5 and IRP 12 will only get issued if payment was in fact successful as well.

In that case SARS really need to work on their system so employees can make sure their taxes are in order.
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It should be this way. It shows it’s deducted from your payslip, and your IRP5 shows the same. But you can’t know if it has been paid over to SARS.

As an employee your employer is in charge. So technically he stole the money and issued us with a fraudulently issued IRP 5
 
Tman* said:
Something similar happened to me many years ago. Company closed down and didn't pay tax.

In the end I had to submit a affidavit, bank statements etc as proof and it was settled.
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Great to know.
 
So what has happened today is SARS said we must submit an affidavit and bank statements that the employer did in fact deduct the PAYE but did not pay it over. And/or open a criminal case for theft.
 
JacksonR said:
So what has happened today is SARS said we must submit an affidavit and bank statements that the employer did in fact deduct the PAYE but did not pay it over. And/or open a criminal case for theft.
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Cool. So at least they communicated with what steps to take. Makes sense as you never received that money anyways.

Still think they should make it possible to see if money has been paid or not by the employer.
 
wireddreams said:
One thing about Sars... They always make you pay... Make no mistake about that, might take years but you will pay :cautious:
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Not just that, they also bend or ignore the law in their favour until someone rich enough takes them to court for a slap on the wrist. The recent article about repeatedly abusing their internal mechanism in demands for supporting documents for verification to process refunds, and in the previous years outright stalling and ignoring paying refunds over extended periods of time, is proof of this.

www.moneyweb.co.za

Sars and the never ending cycle of inappropriate verifications

Taxpayer complaints of this nature are now classified as systemic.
www.moneyweb.co.za www.moneyweb.co.za

There is literally a section in the sars rule that says you can't take them to the tax board/court unless they agree to be taken to the hearing, best you can do is dispute and go to the omboud if it doesn't work out.

Dispute Resolution Process | South African Revenue Service

When taxpayers are aggrieved by an assessment or not satisfied with a decision taken by SARS if the decision is subject to objection and appeal, they have a
www.sars.gov.za www.sars.gov.za

Sars can be a real *******, the law is only fair if they win.
 
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RedViking said:
Cool. So at least they communicated with what steps to take. Makes sense as you never received that money anyways.

Still think they should make it possible to see if money has been paid or not by the employer.
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Atleast. I agree it should, or atleast have been queried/flagged in the 2019 financial year (before rebates were paid) not 3 years afterwards.
 
AchmatK said:
There is no way that an employee can check on their personal efiling profile if the PAYE that was deducted monthly was declared by the company in the EMP201 or if it was ever paid over to sars by the employer.

The IRP5 is only a confirmation of what taxes where deducted and declared by the employer on their EMP501and is also not proof that it was actually paid over to sars.
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The EMP501 should proof that the PAYE was paid over since it reconciles the EMP201 forms and the fact that the declared amounts were paid over to SARS. Unless the employer did not declare his PAYE correctly on the EMP201s.

Anyways the employer is in groot k@k if he deliberately chose to not make the payment.

Paragraph 4 of the fourth schedule states the the employer is ultimately liable for the payment of the PAYE. The fact that multiple of the OP's colleagues also have the same problem leads me to believe that the employer did not pay its monthly EMP201 payments, which means that he is liable for this mess.
 
Avbob se stoep said:
The EMP501 should proof that the PAYE was paid over since it reconciles the EMP201 forms and the fact that the declared amounts were paid over to SARS. Unless the employer did not declare his PAYE correctly on the EMP201s.

Anyways the employer is in groot k@k if he deliberately chose to not make the payment.

Paragraph 4 of the fourth schedule states the the employer is ultimately liable for the payment of the PAYE. The fact that multiple of the OP's colleagues also have the same problem leads me to believe that the employer did not pay its monthly EMP201 payments, which means that he is liable for this mess.
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Yes. The EMP501 will show if its paid but it does not stop the employer from still submitting the reconciliation and generating the IRP5 certificates. The employee does not have access the EMP501.

Even submitting your ITR12 using the IRP5 is not an indication that the employer paid over the PAYE.
 
jambai said:
Remember sars needs aLl the money it can get as the cadres don’t drink cheap champagne .The law kind of bullies the small man and in Africa tax is a western concept so best to be like the taxi drivers
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No no no

In Africa Tax is just a western world, the Africans probably invented the concept if tax with all their labola and other extortion methods
 
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