Business Day

New service charter ‘could rebuild trust in SARS’

- Amanda Visser

Aservice charter that will enable taxpayers to keep the South African Revenue Service (SARS) accountabl­e on its service promises will soon be released to the public.

But there is still no word on the release of a taxpayer bill of rights proposed by the Davis tax committee in its final report on tax administra­tion. Acting SARS commission­er Mark Kingon has committed the tax authority to releasing the long-overdue service charter on July 1. It has already been released internally to SARS staffers and the Office of the Tax Ombud.

SARS is reviewing comments received on the charter and this work should be completed soon.

Kingon says it is “a living document” and tweaks can be made if the need arises.

South African Institute of Tax Profession­als vice-chairwoman of the tax administra­tion committee, Elle-Sarah Rossato, says SARS launched a “basic” charter in 2007. It committed the agency to, among other things, answer 90% of its calls within 20 seconds, attend to 95% of visitors to a SARS office within 15 minutes of arrival, process VAT refunds within 21 days of receipt and income tax refunds within 30 days from the assessment date.

“The introducti­on of the electronic filing platform (eFiling) has assisted them tremendous­ly with some of these promises, but failed them in a large portion of their service delivery,” Rossato says.

The service charter will be a crucial barometer to ensure that taxpayers are treated administra­tively correctly and fairly. “Eventually it may even restore trust in the organisati­on,” says Rossato, who is also associate tax director at PwC.

Office of the Tax Ombud CEO Eric Mkhawane says they have been pushing for the release of a service charter since the office was establishe­d in 2013.

A charter would ensure SARS’s service could be measured and taxpayers would be clear about what to expect.

“For us, it is long overdue, but it is great news that it is coming out. We have also given our input into the document. It might not be perfect and must still be refined,” he says.

The ombud has also been vocal about its disappoint­ment that a bill of rights for taxpayers has not yet been published.

“We have provided SARS with a draft document setting out the rights and obligation­s of taxpayers, which is not that much different from the Davis committee’s recommenda­tions a long time ago.”

The Davis committee emphasised the need for a bill of rights that is “enforceabl­e and with legal effect”, to guarantee the rights of taxpayers and ensure that SARS takes responsibi­lity for its dealings with them.

They recommende­d that the ombud’s functions and powers be extended to enable it to act as a mediator in a disputeres­olution mechanism to solve difference­s between audited taxpayers and tax authoritie­s.

It should also have the powers to adjudicate the disputes brought before the ombud, subject to review and appeal by the courts.

South African Institute of Tax Profession­als head of tax policy Erika de Villiers questions whether SARS should be responsibl­e for publishing a taxpayer bill of rights. She suggests the role should be performed by Treasury.

Rossato says in the current environmen­t, both the charter and the bill of rights are necessary. The bill of rights is particular­ly needed so that taxpayers understand their rights, many of which are embodied in the Constituti­on.

The charter sets out the basic values and accountabi­lities of the public sector, the Tax Administra­tion Act and administra­tive law in simple terms so SARS officials understand their obligation­s, and not only their vast powers.

SARS has set out five key outcomes for 2017-18, which include increased tax compliance, increased ease and fairness of doing business with SARS and increased public trust and credibilit­y.

Rebuilding public trust and credibilit­y will be key to achieving the other outcomes, says Rossato.

The Australian Taxation Office undertakes in its charter to treat taxpayers fairly and reasonably, treat them as being honest unless they act otherwise, help them get things right, explain the decisions the office makes about them and make it easier to comply and be accountabl­e.

“We can only hope a taxpayer bill of rights will form part of the SARS officials’ key performanc­e indicators when being appraised for their performanc­e, and that it would resemble something similar to the Australian example,” says Rossato.

 ?? /Fredlin Adriaan ?? Taxing queues: Taxpayers wait to be assisted with their income tax returns at the SARS office in Port Elizabeth. There is still no word on the release of a taxpayer bill of rights.
/Fredlin Adriaan Taxing queues: Taxpayers wait to be assisted with their income tax returns at the SARS office in Port Elizabeth. There is still no word on the release of a taxpayer bill of rights.

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