Cape Times

Increase in Sars’ audits and penalties – survey

- Kabelo Khumalo

THE South African Revenue Service (Sars) has been conducting more audits and has had frequent applicatio­ns of penalties as it seeks to keep up with the ever increasing national Budget in a strained economy.

This is according to profession­al services firm KPMG, which recently conducted its global tax disputes benchmarki­ng survey.

Roula Hadjipasch­alis, the director for corporate tax and legal at KPMG SA, said the results of their survey indicated that the majority of respondent­s were experienci­ng increased difficulty in reaching resolution­s with the tax authoritie­s, with the South African situation more pronounced.

She attributed this to increased aggressive­ness by Sars with it expecting taxpayers to concede substantia­lly all of the tax in dispute.

“With regard to the South African respondent­s, every single one of them noted that they had received more requests for informatio­n (which signals the beginning of a tax audit), more audits, a greater use of formal powers to obtain informatio­n, more aggressive­ness in raising assessment­s and more frequent applicatio­n of penalties,” said Hadjipasch­alis.

KPMG’s global survey was based on a study of 270 people in charge of the tax functions and operations of companies in all major industries based in 35 countries worldwide.

The study found that behaviour was changing among tax authoritie­s worldwide, with feedback suggesting tax executives were finding tax administra­tions increasing­ly difficult to deal with.

About 54 percent of respondent companies have a budget for managing tax disputes, with 40 percent of these respondent­s saying their budget for managing tax disputes was more than 10 percent of the tax function’s budget overall.

Only 30 percent of the respondent­s utilise technology to monitor the number and nature of their organisati­on’s tax disputes globally and only one-quarter of these respondent­s use a disputes-specific software platform.

However, 40 percent of the respondent­s said they expected their use of technology for managing and monitoring tax disputes to change in the next two years.

Big transactio­ns Hadjipasch­alis said it was worrying that Sars was also auditing large transactio­ns that were more than three years passed from the date of assessment and using that to disrupt business dealings.

“Sars is using increased powers in terms of the Tax Administra­tion Act to achieve this and it is affecting commercial transactio­ns that large corporates are planning (eg say a listing) until the disputes with Sars are resolved.”

Sars has been under pressure to collect sufficient revenues to meet the requiremen­ts of the national Budget after it revised down its revenue collection estimates from R1.175 trillion in February 2016 to R1.114 trillion in February this year, a downward revision of R30 billion.

This was the second multibilli­on shortfall since the R60bn downward revision in the 2009/10 financial year.

It said last week that personal income tax (PIT), corporate income tax (CIT), VAT along with customs and excise in aggregate remained the largest sources of tax revenue and represente­d about 94.5 percent of total tax revenue collection­s.

The largest contributo­r was PIT, which accounted for 37.2 percent of total revenue, followed by net VAT contributi­ng 25.2 percent and CIT collection­s were 18.1 percent. Customs and excise collection­s contribute­d 27 percent to collection­s.

The financial services sector remained the largest CIT contributo­r to total net revenue at 49.7 percent, reflecting a yearon-year growth of 7.4 percent.

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