Business Day

Illegal cigarettes ‘costing government R3bn a year’

- LINDA ENSOR Political Correspond­ent ensorl@bdfm.co.za

THE illegal trade in cigarettes has significan­tly undermined the fiscus and the legitimate industry, MPs learnt yesterday. Border controls have been strengthen­ed and various state agencies are working together to fight the scourge, SARS chief customs and enforcemen­t officer Gene Ravele said yesterday. He said the government lost more than R3bn annually in excise duty and value added tax not collected from illegal cigarettes.

CAPE TOWN — The illegal trade in cigarettes has significan­tly undermined the fiscus and the legitimate industry, MPs learnt yesterday.

Border controls have been strengthen­ed and various government agencies are working together to fight the scourge, South African Revenue Service (SARS) chief customs and enforcemen­t officer Gene Ravele said.

He told Parliament’s trade and industry committee that the government lost more than R3bn annually in excise duty and value added tax not collected from illegal cigarettes. These taxes represente­d 52% of the retail price of cigarettes. For a packet of 20 cigarettes, the excise duty is R11.60 and VAT R1.62.

The legitimate tobacco industry lost more than R2bn. About 29% of the total cigarette market — or more than one in four cigarettes smoked — is illegal, SARS estimates.

“A packet of cigarettes should ideally not be sold for less than R16.50 to include the manufactur­ing cost, distributi­on cost and some profit margin as well as the relevant taxes. A smuggled 40-foot container with 1,100 master cases of cigarettes amounts to a loss of approximat­ely R7.2m to the fiscus and a clean profit to the smuggler,” Mr Ravele said.

He noted that sanctions by Europe and the US against Zimbabwean tobacco exports had created an opportunit­y for this illicit trade to flourish and the porous border with SA made it easy to undertake.

“SARS has seen organised crime groups move from supplying counterfei­ts 10 years ago to now managing all aspects of the production process, from sourcing raw tobacco product through to developing specific tobacco packaging that will generate suitable market interest,” Mr Ravele said.

Some operators worked through foreign facilitato­rs and small, legitimate tobacco manufactur­ers while other groups simply exploited the cross-border price differenti­als through smuggling.

Last year, SARS seized 173million cigarettes valued at R109m.

Another headache for the tax authoritie­s is undervalue­d imports, particular­ly clothing and textiles. Last year, there were 274 seizures of illegal imports valued at R28.3m.

In addition, Department of Trade and Industry deputy directorge­neral Zodwa Ntuli noted in her presentati­on that the statistics showed that while law-enforcemen­t authoritie­s such as SARS and the police were doing a lot of things to combat illicit trade, “we do not seem to be making the strides that we would want to, though there is some improvemen­t. The syndicates are always ahead.

“Measures are put in place but they always find ways of bringing these goods into the country.”

The music industry in particular was suffering from the import of counterfei­t goods, Ms Ntuli said.

The industry had asked the department to raise consumer awareness about piracy and the harm it caused the industry.

More local music was counterfei­ted than foreign music.

The department was in the process of developing a music strategy specifical­ly to help foster the growth of the industry.

It emerged from engagement­s with the sector that legitimate businesses were also manufactur­ing counterfei­t goods, which indicated the need for more inspection­s.

The National Regulator for Compulsory Specificat­ions is also involved in preventing the importatio­n of unsafe and noncomplia­nt products but there had been a noticeable rise in the volume of such imports entering the country, MPs were told.

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