Sunday Times

Malusi Gigaba pushes ahead with probe

Management, huge revenue shortfall and low tax morality under scrutiny

- By ASHA SPECKMAN

speckmana@sundaytime­s.co.za

● A probe into affairs at the South African Revenue Service, at Finance Minister Malusi Gigaba’s insistence, would go ahead and the groundwork had already begun with the National Treasury finalising the terms of reference, his spokesman said this week.

Gigaba dropped the bombshell in November, soon after his medium-term budget in October at which he revealed that significan­tly weaker tax revenues were expected for the 2018 budget. He said the inquiry would help assess reasons for the under-collection of tax and the steps necessary to improve performanc­e management at the revenue service.

There was speculatio­n that his action was an attack on SARS commission­er Tom Moyane, whose relationsh­ip with the finance minister is believed to be strained. Although appointed by the president, the SARS commission­er reports to the finance minister.

This week Gigaba’s spokesman, Mayihlome Tshwete, declined to comment on the relationsh­ip.

“There’s a number of issues [the] minister is taking up with SARS. The terms of reference [for the inquiry] have been finalised by Treasury and engagement is happening with the presidency. We want to see this thing happen as soon as possible,” Tshwete said. A judge had, however, not yet been identified.

Moyane said on Thursday that he had not received further communicat­ion on the inquiry. “I don’t know. When I say I don’t know, I really mean it.”

Moyane, who celebrated his 65th birthday on Wednesday, has 19 months left on his contract. Although the retirement age at SARS is 65, SARS employees who are of retirement age and are on contract retire at the expiry of their contract, said SARS acting spokesman Sicelo Mkosi.

Mkosi added: “The talk of a strained relationsh­ip [between Moyane and Gigaba] is completely untrue. The relationsh­ip . . . is good, profession­al and based on mutual respect. SARS and the commission­er appreciate any action from the minister which will assist SARS in achieving our mandate of tax collection.”

Tshwete declined to elaborate on the issues Gigaba is focusing on at SARS.

The problems likely to be raised by Gigaba are low tax morality, the larger than expected R50.8-billion revenue shortfall in the 2017-18 year and the return of controvers­ial SARS executive Jonas Makwakwa to the institutio­n.

Makwakwa returned to work late last year after being absolved by a SARS-commission­ed inquiry into allegation­s that he was involved in corrupt activities.

In November, the Treasury said a shortfall in tax collected impacted on the size of future budget deficits and future debt-to-GDP forecasts and the government’s credit rating.

Economists this week were divided about the need for an inquiry.

Lesiba Mothata, chief economist at Alexander Forbes, said: “The minister seems to have thought that [an inquiry is necessary], therefore it is.”

He said Gigaba appeared “very concerned” about the large shortfall. Mothata predicted that the Treasury would as result amend VAT to cover the gap.

Mothata believes that the headline VAT rate of 14% will not change, but expects “VAT to be introduced in online transactio­ns, on cloud computing and items like petrol which is not VAT-paying at the moment”.

Kyle Mandy, the head of national tax technical at PwC, said: “I think the challenges are well understood both outside SARS and within SARS.

“It’s more a case of taking the steps necessary to address problems rather than wasting time, resources and money on unnecessar­y commission­s of inquiry.” These challenges included lack of confidence in SARS, leading to low tax compliance, and the exodus of people with institutio­nal memory.

Mandy forecast the tax burden for higherinco­me earners to be increased, such as a hike in capital gains tax from 40% to 50%, less provision for fiscal drag. Adjustment of the fuel levy could net R3-billion to R4-billion and the sugar tax R1-billion, he said.

Nazrien Kader, Deloitte managing partner for Africa tax and legal services, said the inquiry was announced at a time when there was pressure on SARS to explain why it had delayed paying refunds “with a view that compliance was not where it should be”.

Kader said under Moyane SARS had restructur­ed, leading to some loss of skilled individual­s. But he had not achieved “anything significan­tly different” to his predecesso­rs. To the disadvanta­ge of Moyane’s track record, the economy had underperfo­rmed since his appointmen­t in September 2014.

However, Kader noted that an improvemen­t in the environmen­t could reflect positively on SARS. Better Christmas retail sales had boosted VAT takings while a lift in global trade had improved customs duties. “Those were the two [areas] that actually suffered in his initial years,” she said.

I don’t know. When I say I don’t know, I really mean it. Tom Moyane SARS commission­er

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 ?? Picture: Moeletsi Mabe ?? SARS commission­er Tom Moyane, whose relationsh­ip with the finance minister is understood to be strained.
Picture: Moeletsi Mabe SARS commission­er Tom Moyane, whose relationsh­ip with the finance minister is understood to be strained.

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