Tributum Newsletter #6
So, no more sporting expectations for me. I think I must start supporting the opponents because everyone I support ends up losing…However, in life as in sport success is never final and failure is rarely fatal (unless it is a failure to breathe). Winston Churchill said that. The difference between the two in most cases is never giving up. So, keep on improving.
In between all the negativity around our Public Protector you may have missed the snippets that SARS at least is starting to cast away the shackles of its lost years. Mark Lifman lost his case to prevent SARS from collecting taxes in excess of R350m and so has Martin Fraser Wingate-Pearse (yes, all one person). Both men are alleged to make a living operating just inside the right side of the law and it seems that SARS has succeeded where other law enforcement agencies have failed (or never tried) by hurting them where it counts the most – in their pockets.
Wingate-Pearse actually argued he was a victim of the SARS Rogue Unit. I’m not sure about any rogue unit. SARS has large information gathering powers. They can ask the taxpayer for information, contact 3rd parties directly, access bank accounts etc. That is all within the ambit of their mandate and within the provisions of the tax law. Also, as taxpayer you are guilty until proven innocent – also enacted in tax law. As a taxpaying citizen I would expect some division in SARS existing just to try and identify those acting outside of the tax system and I would expect them to have wide powers and as a law-abiding taxpayer I would sleep well.
This should be a warning to all taxpayers that when SARS issues assessments that taxpayers do not agree with the remedial action in terms of the dispute resolution process is in most cases the only avenue to follow. With that in mind taxpayers should immediately contact a tax practitioner if SARS issued adverse assessments this tax filing season.
Talking about tax filing season, remember Newsletter #5 where I said that filing season is about media hype and not about collecting extra cash? Well guess what – SARS indicated that since filing season started on 1 July, they already paid refunds of R3.5 billion. Hopefully SARS is starting proceedings against those mentioned in the Zondo commission to at least also collect some tax. Did anyone see the testimony of our previous president? That (cough) is (nose scratch) if (yawn) you (uhm) can (frown) call (lick lips) it (raising eyebrows) that (everything again)…
The financial news of 30 July includes estimated record losses by Eskom as well as that the last 12 months has seen the disposal of the most SA equities by foreigners since 1998…and Anton Rupert is allegedly done with South Africa. More on this next time. By the time Newsletter #7 hits your inbox it will almost be Spring Day. So, spring into action and make August count, keep getting better at being better.