What does the Tax Administration Act mean for businesses?

 

The recently passed Tax Administration Act is the latest in a series of changes made to the Tax laws in South Africa, gradually making the laws surrounding both personal and business taxes stricter in hopes of increasing returns and to get individuals and businesses to file their returns more responsibly.

 



The TAA gives more control to SARS in terms of effecting penalties, not only for late submissions, which has been the norm for many years, but for a variety of other issues that might arise with any one individual tax return.

 



For businesses, it is not as common for problems to happen as it is for individuals on their tax returns. This is because businesses, depending on the size, will have professional accounting staff employed in order to have the company’s tax set in order in-house, whereas individuals either have to do it themselves, or spend money to hire a consultant.

 



In the past (that is, the days before the Tax Administration Act) SARS had the ability to impose fines of up to 200% on taxpayers (whether private individuals or registered businesses) due to under-paying, major mistakes or outright failure to submit. In most cases, however, these fees were waived if the mistakes could be proven to have been committed unintentionally. Mostly, the only fines that would be dealt out by SARS were late fees, expect of course in serious cases of fraud and/or negligence.

 



Under the TAA, however, the increments of payment fines has been set out according to a fixed system based on two major factors: taxpayer behavior and severity of the act (the act being failure to comply with SARS policies in any number of ways).

 



The penalty increments, while remaining the same in stature for business and individuals, is significantly more important to avoid for businesses, purely because the amount of money that will be involved will be higher (along with the fact that having a business with a poor tax record is something that should be avoided entirely!).

 



For instance, in a standard case (a case involving a first time offender) that has ‘ substantially understated’ the values on their tax returns will be charged a 25% fine. A repeat offender of the same offence will pay 50%. Also, if the taxpayer (or business) in question fully and voluntarily discloses all information after being called for an audit, the fine will be reduced to 5%, and if they disclose fully before being called for an audit, the fine will be reduced to 100%.

 



This example is of a simple case of under calculating values on the tax forms, and there are various other offences that are affected by the TAA changes, many of which are more serious, but in most cases, the reduction in fines for voluntary disclosure before and after the audit process will stand (at least partially).