Tax penalties – What must SARS prove?

Tax penalties – What must SARS prove?

Legal
SARS has the power to impose severe penalties on any taxpayer failing to declare or pay taxes in accordance with law. For example, in a case recently before the Tax Court, a corporate taxpayer was audited by SARS and found to have overstated input VAT.  It was assessed (after partial allowance of an objection) for – Some R16m in tax, plus 200% “additional tax” - R32m, plus 10% penalties - R1.6m, plus Late payment interest - R5m. (more…)
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The Wages Of Fraud: 15 Years In Prison

The Wages Of Fraud: 15 Years In Prison

Legal
“White collar criminals who commit offences of a certain magnitude must not be permitted a soft landing” (extract from judgment below) The recent “J Arthur Brown” judgment by the Supreme Court of Appeal (SCA) has received a lot of media attention, and victims of serious crime will take heart from the Court’s robust approach. (more…)
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Beware Prescription: The Tale Of The “Watertight Case” That Died A Sad And Sudden Death

Beware Prescription: The Tale Of The “Watertight Case” That Died A Sad And Sudden Death

Legal
“Sad is the day when a party with a watertight case comes to court and he is stopped in his tracks by a sudden death due to a fatal blow from a watertight defence of prescription. The present matter is a classic case of this nature” (extract from judgment below) Here’s another warning from our courts about the dangers of procrastination when it comes to matters of law. (more…)
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