Business Day

Tackling the big tax-dodgers

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If everyone paid their tax, SA would not be in such a dire fiscal situation and would be better equipped to tackle the coronaviru­s crisis and other pressing social needs. Reducing the tax gap — the difference between what the SA Revenue Service (Sars) receives in taxes and what it should get — is one of the main objectives of commission­er Edward Kieswetter as he tries to restore the institutio­n to its former glory after it was gutted under Tom Moyane, former president Jacob Zuma’s ally.

The lifespan of the Davis tax committee has been expanded so that it can determine the tax gap, which committee chairperso­n judge Dennis Davis believes is more than R50bn a year. Large amounts are going offshore through base erosion and profit shifting, which involves diverting earnings made in SA, particular­ly by multinatio­nal companies, to lower-tax jurisdicti­ons.

Under Kieswetter, Sars has establishe­d an illicit economy unit. An interagenc­y working group consisting of the Financial Intelligen­ce Centre (FIC), the Reserve Bank, the Hawks, Sars, the Special Investigat­ing Unit and the National Prosecutin­g Authority (NPA) has also been set up to deal with illicit financial flows.

Progress has been slow, not only because of the complexity of the cases and their large number, but limited capacity as well. The NPA is only now beginning to find its feet and is faced with a mountain of cases of corruption arising from state capture alone.

The inter-agency working group told the finance committee recently that nine cases amounting to more than R6.9bn were being investigat­ed and that one case involving R2.7bn had been concluded. And this is just the tip of the iceberg.

The cases under investigat­ion include a Ponzi scheme, exchange-control contravent­ions, illicit transfer of the proceeds from the transnatio­nal movement of rhino horn, cash seizures at ports of entry, and organised crime syndicates transferri­ng money to China.

While important, these cases do not deal with the main forms of illicit financial flows through base erosion and profit shifting, over- and under-invoicing, and the siphoning of wealth abroad by rich individual­s. Most of these illicit financial flows fall under the jurisdicti­on of Sars, whose commission­er has acknowledg­ed that it is merely “scratching the surface” and needs to beef up its investigat­ive and audit capacity.

Sars conservati­vely estimates that it loses tax revenue of at least R100bn annually through a combinatio­n of criminal activity and illicit financial flows. Kieswetter told the finance committee that a preliminar­y review for 2017 showed about R93bn left SA in service charges, such as commission paid by SA-based subsidiari­es to offshore companies, management fees and royalties.

Included in this figure was R31bn in interest payments by subsidiari­es to parent companies for loans. This form of transfer payment is under the Treasury’s spotlight and a policy review is being conducted, which is looking into situations where debt is raised in an offshore jurisdicti­on in the name of a local company but where there is no true commercial reason for raising the debt. The real purpose is to transfer money abroad.

Another form of tax evasion and illicit financial flows that Sars is concerned about is trade mis-invoicing, which occurs when importers and exporters deliberate­ly falsify the stated prices on invoices. The Washington-based think-tank Global Financial Integrity has calculated that there was an average annual gap of $20bn in the value of trade between SA and its global trading partners in the period from 2008 to 2017.

This $20bn trade gap represente­d an average of 19.4% of the country’s total trade over the period.

The government’s inter-agency approach in tackling this type of fraud is a step in the right direction, but it is of such a magnitude that it will require a dedicated cadre of highly skilled profession­als to eradicate. It will therefore probably be achieved in tandem with the reinvigora­tion of the tax authority, as well as through internatio­nal collaborat­ion.

SARS SAYS IT LOSES REVENUE OF AT LEAST R100BN ANNUALLY THROUGH CRIME AND ILLICIT FLOWS

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