Business Day

SARS warns of crackdown on ‘prominent’ citizens

- Sunita Menon Economics Writer menons@businessli­ve.co.za

The South African Revenue Service (SARS) is cracking down on noncomplia­nt taxpayers, “including prominent South Africans”, a move seen as a renewed bid by the receiver of revenue to claw back its credibilit­y amid low tax morality.

SARS has vowed to pursue cases against those who fail to file returns.

This also comes in the wake of President Cyril Ramaphosa suspending commission­er Tom Moyane, citing a loss in confidence in the commission­er’s ability to lead SARS.

SARS has come under flak for the erosion of the institutio­n, which has weighed heavily on taxpayer confidence.

It estimates that as at the end of March, active taxpayers owed the revenue service about R30m in returns.

“The significan­t drop in the submission of returns was one of the key indicators pointing to decreased compliance,” SARS said on Monday.

Acting commission­er Mark Kingon said earlier in April he would focus on restoring SARS’s dented credibilit­y. “SARS has, over the past few years, experience­d an unacceptab­le increase in nonsubmiss­ion of returns across all tax types, including PAYE [pay as you earn], VAT [value-added tax], corporate income and personal income tax,” he said.

National Treasury says this is a reflection of weak economic growth, administra­tive challenges within the tax agency and increased tax avoidance.

SARS failed to meet the Treasury’s revenue target for 2017-18 as tax compliance fell to record low levels.

It collected R1.216-trillion for 2017-18, R700m, or 0.06%, short of the revised estimate of R1.217-trillion announced in the February 2018 budget.

South African Institute of Tax Profession­als CEO Keith Engels said: “SARS has to build back a lot of credibilit­y.”

Engels said on Monday that SARS had been threatenin­g to go after tax dodgers for a while and, as a last resort, this was a reasonable move.

“It’s not new. Noncomplia­nce makes it expensive and harder to collect, so announcing this is a matter of expedience.”

PwC head of tax Kyle Mandy said only 25% of 2018’s undercolle­ction was the result of poor economic performanc­e, while other factors — such as perception­s of SARS — contribute­d to the other 75%.

SARS said it was working with the National Prosecutin­g Authority (NPA) and there had already been one conviction. It warned that taxpayers found guilty of noncomplia­nce would end up with criminal records.

So far, 36 dockets had been handed to the NPA.

However, NPA spokesman Luvuyo Mfaku said he had no knowledge of a joint initiative with SARS but that the NPA was committed to prosecutin­g if required and had a designated tax unit.

The Tax Administra­tion Act and the Value-Added Tax Act both state that the failure to submit tax or VAT returns is a criminal offence.

SARS spokesman Sicelo Mkosi said the agency did not have prosecutor­ial powers, but when it found transgress­ions it took them to the NPA. “It would be unheard of and disturbing if the NPA ignored cases.”

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