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).

 

The West Rand as an Industrial Powerhouse

 

For a long time, the West Rand of Johannesburg has been considered a major contributor in the industrial sector of Johannesburg. Not only is it home to some of the most densely populated industrial parks in the city, but it also holds some of the most successful mining companies in the area. Areas such as Randfontein and Carletonville (although not traditionally viewed as part of the immediate ‘West Rand’ of Johannesburg, it is linked via mining resources and economic trade) are recognized as two of the most successful mining areas in the country, known for the mining of a variety of valuable resources such as gold, silver, smaller diamond mines, and steel ore.

 



The development of the West Rand territories has increased significantly over the past few years, with many more industrially minded companies (as well as individuals employed by these companies and prospective entrepreneurs) moving into the area to capitalize on the high development rate.

 



The area is not, however, a purely industry based developmental area. Other prominent fields include conservation (as seen in the renowned Rhino and Lion Park in Krugersdorp), a number of guesthouses, art galleries, vehicle dealerships, trade schools and even newspaper publishers (the most successful of which is the nationally recognized Caxton Press, dealing with local publications such as the Roodepoort Record and more).

 



A major part of the success of the West Rand has been the establishment and engagement by, the Roodepoort Chamber of Commerce and Industry, through which many of the local businesses have found ways to become a part of the community, build partnerships and allow extended growth in every area of the economy.

 

 

How business protects human rights

 

When we think of business in terms of how it relates to human interaction and the protection of our basic human rights, there is not always a clear connection between the two. Since business is usually seen as a sector of society that idealizes professionalism and individual progress.

 

However, there is, especially in South Africa, quite a strong link between business and various communities, both in terms of outreach and development programs and the development of labour relations.

 

The link between community and business in South Africa is relatively strong, and there is a wide range of already established and startup initiatives that enable communities to develop skills directly related with companies and their internship programs. Outreach programs, some of which extend to other countries (such as the Texas A&M Entrepreneurship Program in the USA) focus their skills development on potential entrepreneurs and small business owners looking to get a leg up in their fields.

 

The Labour Relations Act also provides a substantial platform for human right development and protection initiatives. Aspects of the Act, such as the clauses which allow for labour and trade unions to collectively bargain and gives concessions to various underprivileged and unskilled worker groups give communities and individuals the ability to lawfully defend their basic rights, even in the workplace.

 

Roodepoort By-Laws concerning fireworks

 

The various festive seasons that are celebrated in South Africa due to the vast cultural differences shared by its people are usually times of happiness and great fun for those of us celebrating. These periods are normally times of feasting, gift giving, remembrance and socializing.

 

However, the practice of setting off firework displays has, for a relatively long time, been banned outright in most residential areas throughout South Africa due to the harmful and sometimes erratic manner in which they are used. Not only do they pose a danger to us and our children, but to our beloved pets, most of whom have significantly heightened sense of hearing and fear when trapped in confined spaces during these fireworks displays.

 

The municipalities of Roodepoort and Krugersdorp on the West Rand of Johannesburg, as with most other municipalities around the country, have stringent laws that govern the use of fireworks, both as public displays and as recreational entertainment.

 

Firstly, one of the most important aspects of the laws states that it is illegal to set off any number of fireworks inside of a residential area. This means that it is strictly prohibited, no matter what the reason for use is. However, over the past few years there seems to have been a downturn in effective monitoring of this from the police and security services.

 

Another one of the laws that usually finds itself used more often during these periods is one that states that ‘no person is to disturb the public peace by mans of shouting, quarrelling or any excessive noise’ between 10pm and 7am. This means that any party should either be stopped or at least have its noise levels controlled considerably after 10pm on any given night, or the violator could be charged with a fine of up to R2000 or three months in jail.

 

The bottom line is that it is illegal to set off any form of fireworks in a residential area. If you are caught committing the offense you could face jail time.

How to protect yourself against the January Slowdown

January is the time of year that is possibly the most difficult for everyone. Not only has the holiday season come and gone (and it always seems to be much too short!) but the financial expenses from the December period also start taking their toll. Either we tend to use our credit cards a bit too liberally and forget to weigh the consequences, or we are left struggling to get through the January window as a result of overspending.

 

For this reason, businesses also tend to have a slow January, as customers are more wary of spending money they now realize that they don’t have. It is important for businesses to also recognize this and adjust their approach accordingly.

 

A good way to do it is to review financial statements from previous December/January periods, look at how much stock was moved over that period and adjust your in-store stock accordingly (as a business, you don’t want to overstock, as this causes major cash flow problems in other areas of your business.

 

It may also be a good time to review expenses, as increasing profit requires either higher income (which over this time may be difficult) or lower expenses. Think of cutting down on some regular expenses such as paper, coffee, snacks, fuel, keeping your store or business open for extended periods (thus, incurring overtime) and general supplies that would not affect productivity if they are not available.

 

Maintain your customer relations over this period; these customers are more likely to support your business than new customers in the first month of the year. If you have a credit policy, make sure you follow it accordingly, and do not let customers walk way with bad debt. If you have a solid relationship with them, you are more likely to be paid back in time.

 

Don’t relax on staffing or marketing budgets. In some cases, getting through the January month will require extra marketing to keep your brand in the public eye. It is also important to remember that, if you are looking at cutting employee numbers, first ensure that productivity and future busy periods will not be affected by short staffing.

SA drops further in corruption perception survey

The perception of the prevalence of corruption in South Africa's public sector is worsening, with the country slipping further in Transparency International's latest Corruption Perceptions Index (CPI).

 

The lower ranking, which places South Africa on par with its Brics counterpart Brazil, did not surprise industry commentators canvassed by Engineering News Online, who said that the ranking was an accurate reflection of increased negative perceptions about the prevalence of corruption in the country.

 

The CPI, released on Wednesday, ranked South Africa 69 out of 176 countries, with a score of 43, which is also the global average.

 

Last year, the index ranked countries out of a score of ten. South Africa scored 4.1 out of 10 and ranked 64 out of 183 countries. In the prior year, South Africa ranked 54 out of 178 countries.

 

The index rated countries according to perceptions surrounding corruption in each country, with scores from the "highly corrupt" at 0, to the "very clean" at 100.

 

BDO South Africa manager Pierre Kilian told Engineering News Online that the "message" South Africa was transmitting to the world in a variety of ways, was that corruption was condoned and that public funds were misused, which was influencing people's perception.

 

He pointed to media headlines over the past year reacting to expelled African Natioanl Congress Youth League leader Julius Malema's tender fraud case, the ongoing arms deal saga, the bailout of State-owned South African Airways and the reshuffling of Cabinet Ministers, besides others.

 

South Africa ranked ninth from the top in Africa, but when compared with the ranking of neighbouring Botswana, South Africa was a long way off from improving how corrupt it was perceived as.

 

Botswana, with a ranking of 30 and a score of 65, was perceived as the least corrupt country in Africa. Kilian noted that Botswana had adopted an approach of zero tolerance with regards to corruption and backed this up with action.

 

Cape Verde, Mauritius, Rwanda, Seychelles, Namibia, Ghana and Lesotho all ranked ahead of South Africa.

 

South Africa has been on a gradual slide downhill over the past few years and would most likely continue to decline if a zero tolerance approach was not adopted soon, he said.

 

Corruption Watch executive director David Lewis agreed, saying that investors shy away from corrupt environments and customers would seek service providers elsewhere.

 

While there have been indications of a more serious approach from government, conflicting messages were being sent.

 

Kilian and Lewis said that strong policy and legislation were in place to efficiently deal with corruption, but that enforcement lacked.

 

Corruption Watch, which received about 100 reports of corruption a month and more than three reports a day, believed that business and the public should intensify their involvement in tackling the challenge.

 

Transparency International chairperson Huguette Labelle added: "Governments need to integrate anticorruption actions into all public decision-making. Priorities include better rules on lobbying and political financing, making public spending and contracting more transparent and making public bodies more accountable to people."

 

Meanwhile, South Africa remained ahead of three of its Brics counterparts, namely China, with a ranking of 80; Russia, which ranked 133; and India at 94, but tied with Brazil, which jumped to 69, from a ranking of 75 last year.

 

The index pointed out that 90% of the countries in sub-Saharan Africa and 78% of the countries in the Middle East and North Africa scored below 50.

 

Globally, 70% of the countries scored below 50, with the European Union and Western Europe, the Americas, Asia Pacific, and Eastern Europe and Central Asia recording that 23%, 66%, 68% and 95% of each region' countries scored below the halfway mark.

 

Denmark, Finland and New Zealand maintained their top three positions, with scores of 90 each, while Sweden and Singapore again placed fourth and fifth with scores of 88 and 87 respectively.

 

Myanmar and Sudan recorded the fifth- and fourth-lowest scores, with 15 and 13 respectively, while Afghanistan, North Korea and Somalia once again were seen as the most corrupt with scores of 8.

Tracking of Business Growth on the West Rand

 

ROCCI, the Roodepoort Chamber of Commerce, has recently begun taking steps to ensure that business growth and statistics on the West Rand of Johannesburg will be properly documented and tracked.

 

The development plan set forth by the Region C local government stated that the entire region’s commerce industry, as well as all surrounding fields will be drawn into the Economic Growth Plan within the next few months. This Economic Plan intends to act as a guiding strategy in the development of economic growth initiatives, and as such, will form part of the economic growth plan being set into place across the country.

 

The importance of economic growth statistics in this day and age is paramount. Not only does the access to these figures give business owners a better idea of which areas they might need to improve on, but it also allows the entire region, under the guidance of ROCCI to implement an economic growth and development plan that suits all parties involved.

 

In the next few months, ROCCI will be working closely with business schools in the West Rand in an attempt to capture and evaluate all figures and statistics for the registered ROCCI members. This will provide a better idea of the economic growth on the West Rand, as well as provide a starting point for any further inquiry into the development of business in the region.

 

The Roodepoort Chamber of Commerce (ROCCI) is one of the biggest Chambers in South Africa, and is comprised of over 100 businesses in the Roodepoort area in Johannesburg. Contact ROCCI on (+27) 86 111 3304, send an e-mail for additional information, or visit the ROCCI website to find out more about what is on offer, or how it would benefit you to be a part of this ever-growing inter-business network.