Business Day

Tax avoidance glorified

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Wiseman Nkuhlu’s essay on accountanc­y encourages the rediscover­y of the ethical roots that once characteri­sed all profession­s (Auditors and accountant­s have been given an integrity wake-up call, January 17).

However, the period 1976 to 1990, when Nkuhlu set a foundation for his profession­al standards, brought back painful memories, because in those years, accountant­s began laying another less-edifying foundation.

Coinciding with a punitive tax regime for companies and individual­s that peaked in the 1980s were generous tax incentives to stimulate investment in fixed plant and machinery. These conditions created opportunit­ies and prompted a feeding frenzy of tax avoidance.

Accountant­s, once the unseen backbone of probity in the oversight of business, found tax avoidance their new, most critical service. Schemes of increasing deviousnes­s, often skirting the edge of the law, became widely available to other profession­s vulnerable to the tax regime.

Owning racehorses, unprofitab­le boutique farms, forestry, leasing of plant and machinery and even financing movies that were shot overseas but assembled here to gain South African provenance were “sold” to clients, mostly by their reputable accountant­s. With inflation at 20%25%, it barely made sense, but a rather risqué pleasure in beating the system overrode logic. Accountant­s were well rewarded.

So it is no surprise that the institutio­n Nkuhlu joined in 1976 that led the oversight of high ethical standards upon which legislatio­n could be based is now a body that specialise­s in finding and lubricatin­g marginal compliance with company and tax legislatio­n. And lately, it would appear, outright theft.

Legislator­s try constantly to play catch-up. But, overshadow­ed by a now widespread, possibly universal, sociopolit­ical environmen­t where ethics is for sissies, there is much ground for Nkuhlu to make up.

RWT Lloyd

Cape Town

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