When you can face criminal charges for tax mistakes

rpm

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When you can go to jail for tax mistakes

A new set of tax law amendments make it possible for the South African Revenue Service (SARS) to impose criminal sanctions on taxpayers who neglect their tax affairs.

The amendments, signed by President Cyril Ramaphosa and promulgated on 20 January 2021, makes unintentional tax errors punishable by a fine or imprisonment.
 

LCBXX

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So normal citizens gets lock up for a mistake. While the chiefs steal billions, the corrupt cadres etc all walk free.
Another political tool for the ANC to abuse and jail enemies now using SARS as the vehicle, our institutions are corrupt.
It makes you wonder whether it's actually illegal to steal already-paid tax.
 

deweyzeph

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Right. Taxpayer who contributes R100k+ in taxes every year forgets to change their phone number with SARS, goes to jail for 2 years, loses their job, loses their house, gets a criminal record and can never work again thereby ensuring they will never be a taxpayer again. Makes complete sense.
 

krycor

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Right. Taxpayer who contributes R100k+ in taxes every year forgets to change their phone number with SARS, goes to jail for 2 years, loses their job, loses their house, gets a criminal record and can never work again thereby ensuring they will never be a taxpayer again. Makes complete sense.

Funny.. it’s not listed in the article so please tell me where you get this from?
 

deweyzeph

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Funny.. it’s not listed in the article so please tell me where you get this from?
17 offences which could give rise to criminal liability, even if the taxpayer committed them without intent
Failure to register for tax or to notify SARS of a change in registered particulars

Mentioned right there. Very first offence. The maximum sentence is 2 years in prison.


35.Section 234 of the Tax Administration Act, 2011, is hereby substituted for thefollowing section:‘‘Criminal offences relating to non-compliance with tax Acts234.

(1) Any person who wilfully—(a)submits a false certificate or statement under Chapter 4;(b)issues an erroneous, incomplete or false document required to beissued under a tax Act to SARS or another person;(c)fails to—(i) reply to or answer truly and fully any questions put to theperson by a SARS official, as and when required in terms ofthis Act; or(ii) take an oath or make a solemn declaration as and whenrequired in terms of this Act;(d)obstructs or hinders a SARS official in the discharge of the official’sduties;(e)refuses to give assistance required under section 49(1);(f)holds himself or herself out as a SARS official engaged in carrying outthe provisions of this Act; or(g)dissipates that person’s assets or assists another person to dissipate thatother person’s assets in order to impede the collection of any taxes,penalties or interest,is guilty of an offence and is liable, upon conviction, to a fine or toimprisonment for a period not exceeding two years.

(2) Any person who wilfully or negligently fails to—(a)register or notify SARS of a change in registered particulars asrequired in Chapter 3(b)appoint a representative taxpayer or notify SARS of the appointmentor change of a representative taxpayer as required under section 153 or249;(c)register as a tax practitioner as required under section 240;(d)submit a return or document to SARS or issue a document to a personas required under a tax Act;(e)retain records as required under a tax Act;(f)furnish, produce or make available any information, document orthing, excluding information requested under section 46(8), as andwhen required under this Act;(g)attend and give evidence, as and when required under this Act;(h)comply with a directive or instruction issued by SARS to the personunder a tax Act;(i)disclose to SARS any material facts which should have been disclosedunder a tax Act or to notify SARS of anything which the person isrequired to so notify SARS of under a tax Act;(j)comply with the provisions of sections 179 to 182, if that person wasgiven notice by SARS to transfer the assets or pay the amounts toSARS as referred to in those sections or(k)in the event where that person becomes liable to make a payment forwithholding any tax, deduct or withhold or pay to SARS the amount oftax, as and when required under a tax Act,is guilty of an offence and is liable, upon conviction, to a fine or toimprisonment for a period not exceeding two years.’’.
 

Swa

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When you can go to jail... when the constitutional court says you can.
 

lordnokon

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I would like to see who they are going to jail, when using a tax practitioner or a tax consulting company...
 

lordnokon

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91% maybe 93% of all government's people would need to be locked up for lying on their TAX returns.

Better start building bigger and more jails.
 

deweyzeph

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I would like to see who they are going to jail, when using a tax practitioner or a tax consulting company...

The buck stops with the taxpayer. Legally it's your responsibility to ensure that what your tax practioner submits is correct. It's pretty crazy because why would you need a tax practioner in the first place if you had the ability to check if they've made any mistakes?
 

saturnz

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Another political tool for the ANC to abuse and jail enemies now using SARS as the vehicle, our institutions are corrupt.

not really ANC specific, the US of A government wants to tax the entire world and be the leader in the global tax system
 

Thor

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Is this law constitutional?
Problem is our constitution doenst mean Jack.

Pretty sure calling for the death of me as a white man by a politician is not allowed according to the construction, yet, here we are.
 

deweyzeph

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91% maybe 93% of all government's people would need to be locked up for lying on their TAX returns.

Better start building bigger and more jails.

I would say 99% of the tax-paying population. No tax return is 100% accurate, there are always different "tax positions" to take in any given scenario and I know from experience that if you ask the same tax question to 2 different tax professionals you will often get 2 different answers. There are many gray areas like whether an expense you tried to deduct is really a revenue expense or a capital expense, or whether income you declare is of a revenue nature or a capital nature, etc, etc.

Plus how many people's registered details are 100% accurate?
 

elf_lord_ZC5

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So normal citizens gets lock up for a mistake. While the chiefs steal billions, the corrupt cadres etc all walk free.

Yep, they need more tax payers, in jail, where they will be a burden on the economy, and not contributing to building the economy. Brilliant.
 

Corelli

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So you want to throw the tax payers to the lions or the wolves and once you have the money its spent by your corrupt buddies for new cars, fancy houses, start their own companies etc.

I say we start a tax revolt. All that government is trying to do is become like Prince John trying to pile up cash for themself while the poor people will just get poorer till we all have to ask for wellfare handouts. Honestly this is enough and I am sick and tired or our government trying to squueze every cent out of those thats still contributing to tax with threats that they will be thrown in jail if they dont.

Then they let their buddies rape, pillage and steal and let them get away with it.

So now I will do my utmost to avoid paying tax. I will stash my money in US Dollars, Gold Bars and Diamonds or hide it in crypto. As ive had enough of your corruption and threats.

Thank you to the inquisitors like you.
 

Corelli

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91% maybe 93% of all government's people would need to be locked up for lying on their TAX returns.

Better start building bigger and more jails.
No they are struggle heroes. How dare you say that about them (I mailed them their bribery cheques last week). They will never be bad.
 
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