Business Day

Business leaders cannot ignore risks, tax survey shows

- EVAN PICKWORTH Editor at Large pickworthe@bdfm.co.za

BUSINESS leaders cannot afford to ignore the growing reputation­al and strategic risks they face as aggressive tax planning moves firmly up the list of priorities of government­s and regulators, according to a global tax study by PwC.

Yesterday’s report found that the internatio­nal tax system was out of date and “was never designed to deal with the way business operates today”. Until government­s streamline­d the system, “there are more risks around tax than ever before”, but little emphasis was being placed on addressing these risks.

It showed that just fewer than 50% of companies in Latin America said they planned to focus their approach to tax planning and contributi­ons as a priority, while only 34% in Africa said the same. About 31% of CEOs in the large companies said tax planning was a priority.

The survey said CEOs were not yet doing enough to combat reputation­al and strategic tax risks.

PwC head of national tax technical Kyle Mandy said: “Government­s, regulators and the public in general are more focused on tax than ever before and as we’ve seen there are considerab­le risks involved.

“Determinin­g the company’s approach to tax planning globally should be a key strategic priority.”

Head of tax services for Africa

Government­s, regulators and the public in general are more focused on tax than ever before

Paul de Chalain said organisati­ons worldwide were “feeling the heat”, particular­ly those that had been in the media spotlight as a result of their tax strategies.

Experts have roundly criticised the granting of extensive powers to SA’s revenue authoritie­s in an effort to rake in more tax. The move might face constituti­onal challenges.

But the South African Revenue Service (SARS) is likely to defend against constituti­onal challenges to the exercise of its new powers under the Tax Administra­tion Act (TAA), according to law firm Routledge Modise director Deborah di Siena.

“The (taxman) may face potential constituti­onal challenges in the exercise of its power under the (TAA),” she said.

“However, SARS is provided with strong armour in the form of the TAA and is unlikely to retreat even a stone’s throw without putting up a colossal fight.”

PwC’s recent global CEO report found tax was the top business threat to growth in today’s economy.

The Treasury has introduced proposals to combat schemes it believes threaten the fiscus at the same time as global bodies such as the Organisati­on for Economic Co-operation and Developmen­t attempt to unify rules based on similar concerns about tax evasion across borders.

SA has also renegotiat­ed its double-tax treaty with Mauritius. The revised treaty allows for more administra­tive tax discretion, and tax experts said yesterday this had raised more uncertaint­y.

PwC leader for indirect tax Charles de Wet called on policy makers to address imbalances across tax systems to make it possible to determine amounts owing clearly. But he also wants tax profession­als and business leaders to do more.

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