14 July 2005 – Tax Practitioners
you aware that from the 30th of June 2005 your Tax Practitioner must
be registered with SARS? You can verify his registration at the Sarsefiling
website. Visit www.sarsefiling.co.za
and then go to Tax Practitioners.
67A OF THE INCOME TAX ACT requires that every person who provides
advice to any person with respect to any Revenue Law under the control of SARS,
or completes or assists any person in completing any document to be submitted to
SARS, must be register with SARS as a tax practitioner by the 30th of
June 2005 or within 30 days after that person starts to provides advice or
completes or assists any person in completing any document.
have assisted tax payers on the weekend of the 1st to the 3rd
of July to complete their tax returns at The Mall @ Reds. Someone told me a
horrendous story about their previous tax practitioner. The story was that a
specific tax practitioner always calculated that the client has to pay income
tax to SARS. Further, this tax practitioner then requires that the tax payer
must issue the cheque for SARS in his personal name and not directly to SARS.
The client has never saw or sign any tax return. This tax practitioner then
submits the client’s tax return with a tax refund to SARS. After the
assessment the client gets a refund from SARS. When the client raised a query
with the tax practitioner it was labeled as an overpayment of provisional tax.
The result is that the tax practitioner walks away with the client’s cheque.
The client eventually caught the tax practitioner by requesting information from
is one story that I have heard, but I have also saw the work of some tax
practitioners, who do not have experience or knowledge of any of the Revenue
Laws. Unfortunately, these unscrupulous tax practitioners gave the industry a
WHY THE LEGISLATION?
The reason behind the new legislation is to get rid of unscrupulous tax
practitioners but also to protect the tax payer community. It is part of the
preparation for the electronic submission of income tax returns. It might
probably be as early as the 2006 tax year.
current legislation held the tax payer liable for his tax affairs. At the moment
the tax practitioner is in terms of the relevant Acts under control of SARS not
liable for a client’s tax affairs, but the tax payer can held the tax
practitioner liable in a civil case.
WHAT LESSON CAN WE LEARN FROM THIS?
Always insist on signing your tax form and if the practitioner prepared a tax
calculation which accompanies your income tax form, sign that document too and
obtain at least a copy of the tax calculation, if a tax calculation was
PAYMENT OF TAXES TO SARS:
NEVER issue any taxation cheque to
any other person than to SARS and always make the cheque out to: THE
SOUTH AFRICAN REVENUE SERVICE and make sure that the cheque is crossed. If
you pay your taxes electronically, rather do it via the SARSefiling website than
via direct EFT to the SARS bank account. If you deposit your taxation cheque at
the bank or make the payment electronically make sure that the reference number
on the tax form is used. If the wrong reference number is used, your tax payment
will be allocated incorrectly, and this will result in penalties and interest,
which again is completely unnecessary.