Free surgeries or jail for tax evasion

THE CASE of a doctor who had to perform 12 operations for free because he failed to submit his tax returns provided the opportunity for taxpayers in the wrong to make amends to society in a fitting manner.

According to the National Prosecuting Authority (NPA), non-taxpaying citizens harm the poorest in society.

“This sentence allowed the doctor to give back to the community which he had deprived them of,” said NPA spokesperson in the Western Cape, Eric Ntabazalila.

Dr Nisar Ahmed Moosa, 71, was ordered by the Specialised Tax Unit in the Western Cape to perform the 12 operations on selected patients from Groote Schuur Hospital as part of his diversion programme. Failure to do so would have resulted in imprisonment.

Moosa and his company RMC Pharmacy Ltd were charged with eight counts of failure to submit income tax returns for the period 2007 to 2017.

The company was fined R15000, suspended for five years on condition that it was not convicted of contravening the Income Tax Act again during that time.

Charges against Moosa were withdrawn after he successfully completed a diversion programme, which included 12 patients at the Rondebosch Medical Centre Hospital.

Ntabazalila said the estimated amount involved in these procedures was R300780 which included theatre costs, nursing services, medication and anaesthetist. RMC Pharmacy carried the costs related to the operations, those assisting and the aftercare.

Advocate Monwabisi Mabiya had told the court that RMC Pharmacy and Moosa, who is the director of the company, employed accountants who were tasked with submitting tax returns on their behalf.

Moosa later employed external auditors and a new accountant.

“There was confusion among them as to who was responsible to submit the returns. The accused, however, never followed up with the accountant to confirm if the returns were submitted. Even when contacted by tax officials, it was dealt with as a trifling matter and the returns were never submitted,” Mabiya said.