Daily News

Sars eyeing crypto deals now worth R6.5 billion

- THOMAS LOBBAN Thomas Lobban is a legal manager: cross-border taxation at Tax Consulting South Africa.

ALONG with the rest of the world, South Africans have shown an appetite for cryptocurr­encies. Although the size of the market is unknown, Coinmarket­cap provides a figure of $210 billion (about R2.95 trillion) for the global market and about R6.5bn for the South African market.

What is clear is that the South African Revenue Service (Sars) has cryptocurr­ency trading in its sights.

Bitcoin and other cryptocurr­encies have notched up huge gains in the past year. Bitcoin gained about 224 percent, for example. Given these returns, it’s unsurprisi­ng that South Africans are looking at crypto as an investment opportunit­y, but few realise the tax implicatio­ns of such a move.

As with any other asset class, investors must understand their tax obligation­s in relation to their crypto investment­s, and plan accordingl­y. If they do not, they could find themselves facing an unwelcome tax bill down the line.

Sars’s interest in the possible tax revenues to be gained from cryptocurr­ency have been strengthen­ed by this year’s Budget, in which Finance Minister Tito Mboweni raised the budget allocation to Sars for the year by R3bn.

High-net-worth individual­s, offshore investors and cryptocurr­ency investors have explicitly been targeted as sources likely to yield much of the extra tax Sars seeks to collect off the back of this additional budget allocation. However, many taxpayers are oblivious of the fact that trading in cryptocurr­ency renders them liable for tax, or how and when tax is levied on their cryptocurr­ency gains.

Depending on how and why the trades are conducted, some crypto transactio­ns could be deemed to be capital in nature and thus liable only for capital gains tax. However, other transactio­ns could be deemed to be revenue-earning in nature.

Based on our work with clients, it’s clear that a major misconcept­ion is that a “tax event” occurs only when the cryptocurr­ency is withdrawn and converted into legal tender. But that’s not true. If a trade is made between, say, Bitcoin and Ethereum, the notional profits of that transactio­n would also be taxable.

Although there is no legislatio­n forcing cryptocurr­ency platforms to report on their clients, outside of the general provisions of the relevant tax Acts, such as financial service providers are required to do so, and the walls are closing in fast.

Sars has already begun asking for informatio­n on crypto transactio­ns on audit letters issued to taxpayers, and this means that non-compliant taxpayers will either have to lie, and risk incurring further penalties and back tax later, or reveal their trading history. Not providing accurate answers constitute­s a criminal offence.

In addition, Sars is investing heavily in its IT capabiliti­es, which will enable it to analyse financial and transactio­n data more effectivel­y and identify transactio­ns in and out of crypto platforms. Using foreign bank accounts is not a solution either, because South Africa is party to numerous agreements that enable automatic reporting between jurisdicti­ons.

We all create digital tracks in our online activity, and there is really no place to hide, and Sars is adopting a zero-tolerance approach to all tax evasion.

 ??  ?? THE SA REVENUE Service has begun asking for informatio­n on crypto transactio­ns on audit letters issued to taxpayers.
THE SA REVENUE Service has begun asking for informatio­n on crypto transactio­ns on audit letters issued to taxpayers.

Newspapers in English

Newspapers from South Africa