Penalties swell SARS coffers

Celine

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http://business.iafrica.com/features/844716.html


In his mid-term Budget speech last October, the Minister of Finance said he expected revenue for the 2012/2013 tax year to be approximately R5-billion lower than 2011/2012. But will this turn out to be the case when the final figures are announced on 27 February?

The Minister’s calculations were based on income and expenditure figures pre-dating SARS’ implementation of the penalties allowed for in the Tax Administration Act, which became effective on 1 October last year.

In the ensuing months tax practitioners reported that their clients have been hit hard with penalties and interest, even for genuine errors, which could go some way towards increasing tax revenue, says Mike Dingley, National Head of Taxation Services of global audit, tax and advisory firm Mazars.

The potential for penalties will also cause taxpayers to take greater care in their taxation compliance thereby also increasing tax revenue.

The TAA provides for two types of penalties, namely administrative compliance penalties, such as the 10 percent penalty for a late VAT return and the wide-ranging understatement penalties.

"Understatement penalties can be triggered in respect of any tax period where SARS has been prejudiced through a taxpayer not submitting a return, omitting something material from a return, making an incorrect statement on a return or failing to pay the correct amount where no return is required," says Dingley.

For example, if input VAT is claimed in an earlier period than provided for in the VAT Act, the "understatement" that arises can be subject to a penalty, even though there is "overstatement" in the following period.

"The penalty regime is harsh and quite often the punishment does not seem to fit the crime," says Dingley.

However, it may be difficult to determine just how much penalties have boosted the Receiver’s revenue as income from this source is not normally itemised in the national accounts. "In the interests of transparency, we hope this will be addressed."

Dingley says Mazars was encouraged by the Minister’s mid-term remarks about ensuring value for money in public spending, initiating procurement reform, eliminating waste and rooting out corruption.

"It’s important to spend as much effort on the expenditure side of the income statement as it is on the income side, and we hope to learn more about how these measures will be implemented when the Minister delivers his Budget speech later this month."





just want to point out with this as well - if SARS find an error on your return they will penalise you for that error. you need to ensure that your return is as accurate as possible. if there is an amendment on the return, SARS will penalise you for this as well.
 
more red tape from SARS...Does this make you want to go into business in this country?
 
Wife was penalised for not submitting returns. Only notified her employer when the penalties was already almost equal to her annual tax.

She earns way below the threshold and does not need to submit returns (previous years as well). The total penalty amount now being claimed by SARS is just under 30% of her annual salary.

Matter currently with lawyers who at this stage is battling to get a meeting with SARS.

Guess by the time this is done my wife will just have to pay over her whole income for 2014
 
SARS :-(

My dad's business got a VAT exemption certificate for the textbooks they develop and use as they're in education & training, but then SARS proceeded to claim the VAT from the company. My dad presented the exemption certificate to SARS, who then claimed they couldn't find their copy on file & demanded my dad hand his copy (not a copy, the original) over to them in order to qualify for the exemption.

Dad said no as it's the only proof he has & contacted his accountants to sort this out with SARS.

Make no mistake about it, SARS has this 'image' but they are as crap as the rest of the ANC government.
 
Wife was penalised for not submitting returns. Only notified her employer when the penalties was already almost equal to her annual tax.

She earns way below the threshold and does not need to submit returns (previous years as well). The total penalty amount now being claimed by SARS is just under 30% of her annual salary.

Matter currently with lawyers who at this stage is battling to get a meeting with SARS.

Guess by the time this is done my wife will just have to pay over her whole income for 2014


what are you going through your lawyers for? submit the returns as per SARS' request and get on with it. the more you delay it the more penalties will be added each month. it doesn't matter if your wife isn't earning over the threshold, if SARS wants the returns then submit the returns you must do. your lawyer can do absolutely nothing for you and for the past few months SARS have become very strict with the waiving of these penalties. the only time they will waive them is if you can show that you have died.
 
Wife was penalised for not submitting returns. Only notified her employer when the penalties was already almost equal to her annual tax.

She earns way below the threshold and does not need to submit returns (previous years as well). The total penalty amount now being claimed by SARS is just under 30% of her annual salary.

Matter currently with lawyers who at this stage is battling to get a meeting with SARS.

Guess by the time this is done my wife will just have to pay over her whole income for 2014



and just PS no one gets a meeting with anyone at SARS. everyone walks into a SARS office and sits and waits like every joe soap it doesn't matter who you are. lawyer or no lawyer.
 
and just PS no one gets a meeting with anyone at SARS. everyone walks into a SARS office and sits and waits like every joe soap it doesn't matter who you are. lawyer or no lawyer.

Yeah sounds like the lawyer is taking you for a ride.
 
what are you going through your lawyers for? submit the returns as per SARS' request and get on with it. the more you delay it the more penalties will be added each month. it doesn't matter if your wife isn't earning over the threshold, if SARS wants the returns then submit the returns you must do. your lawyer can do absolutely nothing for you and for the past few months SARS have become very strict with the waiving of these penalties. the only time they will waive them is if you can show that you have died.

All returns have been submitted (within 4 days after receiving their notice) as requested by SARS and they have issued a letter stating that they have received. They also confirmed that no returns had to be submitted.

We also received the assessments for the submitted returns which shows that zero was due to SARS.

They are however refusing to write back the penalties and stated that it had to be paid. They now just keep on charging the penalties, based on what only they will know as they already issued the assessments. Guess it is now penalties on penalties.

Yup, seems like death will be the only way out.... now where is my wife....
 
I don't even know what happened with my case at SARS... it went to a hearing, they requested more information from me, I sent it, and said if they need some of the documentation they must let me know because its to big to email, so I'll deliver/fax it - no response, contacted them a few weeks later, they said they were waiting for the documentation (i.e. they just ignored my email asking them to let me know).

Got the documentation to them, again asked if they need anything, they said they'd contact me by the end of the day (Dec last year) if they needed anything further, if not, they'd finalize everything in January... and once again they disappeared. Now I'm sure this is going to affect 2013's submission.

SARS is absolutely pathetic.
 
All returns have been submitted (within 4 days after receiving their notice) as requested by SARS and they have issued a letter stating that they have received. They also confirmed that no returns had to be submitted.

We also received the assessments for the submitted returns which shows that zero was due to SARS.

They are however refusing to write back the penalties and stated that it had to be paid. They now just keep on charging the penalties, based on what only they will know as they already issued the assessments. Guess it is now penalties on penalties.

Yup, seems like death will be the only way out.... now where is my wife....

then there are further returns outstanding.
 
I help some of my colleagues at work with their tax returns and are constantly amazed at people who seems to think that it's the duty of their employer to submit their tax returns, they usually come running to me when they suddenly have large penalties due.

These people are all adults with high paying salaries, how can people be so misinformed.
 
That system at SARS works so awesome that I am the proud owner of a 2nd tax income number and am now being harassed since (coincidence?) October for penalty payments - SARS is probably one of the most incompetent organisations one can think of.

@Celine - you make it sound that SARS is without problems and above the board - I have yet to get my tax returns for the last 5 years finalised purely because SARS maintains that they have not received returns (I have submitted returns 4 times now and have SARS stamp each return and sign it, but yet those returns can not be found).
 
No, got written confirmation that all returns they wanted has been handed in. Received assessment for all that amounted to zero so everything processed.

have a look on the penalty assessment - although SARS call center agent will confirm that all returns have been handed in for some reason the system will have issued an admin penalty for another return that hasn't been submitted. i have had this with some clients. please recheck your admin penalty.
 
That system at SARS works so awesome that I am the proud owner of a 2nd tax income number and am now being harassed since (coincidence?) October for penalty payments - SARS is probably one of the most incompetent organisations one can think of.

@Celine - you make it sound that SARS is without problems and above the board - I have yet to get my tax returns for the last 5 years finalised purely because SARS maintains that they have not received returns (I have submitted returns 4 times now and have SARS stamp each return and sign it, but yet those returns can not be found).


why are you submitting them manually? submit them via e-filing.
 
I was also penalised for apparently not submitting my returns for specific years...
I called.. was told to submit whichever was outstanding..
I submitted the latest and then when I checked on the others.. it said I had already submitted it...
Then I just logged a dispute and that was it...
They ended up having to give me money.. hahah
 
Yea.. SARS screwed me for R10k (my brother is an accountant). But SARS is set on screwing me for that money.. no matter what evidence you show.

I got the feeling if they say you owe.. you are screwed.
 
SARS can impose penalties for errors, but they don't have to do so. If they do start going overboard with it sooner or later someone is going to challenge the law, which is constitutionally dodgy, in court.
 
The efiling system sux. I am a provisional tax payer and my brain has gotten soft over the years so I just cannot remember the dates to file. Before the e system I used to get the form via mail and just filled them in.
Now that I'm on efiling I don't get any notices so I forget. When I eventually do go on the website I see penalties of R250 for me and R250 for my wife every year.
Perhaps I should go back to the postal system. Why can they not SMS warnings as they did when they started.
 
SARS can impose penalties for errors, but they don't have to do so. If they do start going overboard with it sooner or later someone is going to challenge the law, which is constitutionally dodgy, in court.

I might just have to follow this. Not quite sure about the exact process as my accountant handles it - just heard that some appeal will be now lodged with the tax board / tax court (not quite sure if it's the same thing). Spent now 8K on accounting fees in the last 7 months to get rid of a duplicate tax-number - and SARS has no explanation why they decided to allocate a new one and started issuing penalties (and being short of issuing a garnishing order - really - WTF?). Don't really care - have tax appeals with SARS for the last 5 years.
 
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