Bonang will face tax law – expert
NON-COMPLIANCE: ‘IGNORANCE IS NEVER A DEFENCE’
Once you have evaded, criminal law applies, says attorney on Matheba’s woes.
Team Bonang Matheba’s optimism on the outcome of engagements with the taxman on the television personality and businesswoman’s tax woes could come to nothing, a tax attorney has cautioned.
Jean du Toit, tax attorney at Tax Consulting South Africa, said Matheba will unfortunately have to let the law run its course.
“We have noted from the media that Matheba’s team is engaging with Sars to correct her previous non-compliance. Unfortunately, this may not be enough and Matheba will have to let the law run its course.
“Given that this is a criminal matter, the mitigating factors are underlined by criminal law, as opposed to the Tax Administration Act [TAA],” he said.
Matheba, 31, is facing fraud charges after she allegedly failed to pay personal tax between 2008 and 2017 and company tax between 2014 and 2017.
Last week, the Johannesburg Commercial Crimes Court granted her a postponement until November 27, for her to file representations with the National Prosecuting Authority.
Du Toit said insofar as Matheba’s failure to submit returns, TAA criminalises failure to submit returns and may attract a fine or imprisonment of up to two years. He said the Act also criminalises tax evasion and may attract imprisonment of up to five years.
Du Toit said ignorance is never a defence and one which will not spare Matheba.
He said given that this was a criminal matter, the mitigating factors are underlined by criminal law, as opposed to the TAA.
Du Toit, however, lamented that it appeared taxpayers were not always treated equally, saying some, like Matheba, faced the consequences of non-compliance, while others were left untouched.
“We have made submissions on this very aspect to the Nugent Commission, where we highlighted that it may negatively impact taxpayer morality if there is a widespread perception that certain taxpayers are given favourable treatment.
“We hope that this may be addressed in the Commission’s Final Report,” he said.
The Nugent Commission is probing Sars’ operations during Tom Moyane’s tenure as commissioner.
Matheba’s manager, David Phillips, could not be reached for comment. –