As part of SARS' recent media release emphasising the implementation of its new tough penalty regime, SARS is threatening to take the money from your bank or your employer.
"Can they do this?" you ask in despair.
Section 99 of the Income Tax Act gives SARS the power to appoint anyone as its agent in collecting money on its behalf. Your pensions,salary or any other remuneration are specifically included in this section. So YES SARS can appoint your banker or your employer as its agent to pay over to SARS any monies due by you to SARS.
Can you do anything to prevent this?
Aspects of the constitionality of this together with sections of the Promotion of Administrative Justice Act (PAJA) have been challenged - mostly unsuccessfully. Any challenge you make would depend on your specific circumstances. You will need to seek professional advice here.
What can I do about it?
Any action by SARS affecting you needs to be procedurally fair. Section 3 of the Promotion of Administrative justice sets out some criteria for this. You have a right to know the reasons for the action taken by SARS (Section 5 of PAJA).
Practically, this should not come as a surprise to you. Before SARS undertakes drastic measures such as s99, SARS will hound you and even summons you to submit tax returns and pay your taxes. Ignore these efforts by SARS at your peril.
Take these' warnings seriously - get your affairs in order. Contact Wayne or Debbi on 033 330 7333 to find out how we can assist you.
Can you do anything to prevent this?
Aspects of the constitionality of this together with sections of the Promotion of Administrative Justice Act (PAJA) have been challenged - mostly unsuccessfully. Any challenge you make would depend on your specific circumstances. You will need to seek professional advice here.
What can I do about it?
Any action by SARS affecting you needs to be procedurally fair. Section 3 of the Promotion of Administrative justice sets out some criteria for this. You have a right to know the reasons for the action taken by SARS (Section 5 of PAJA).
Practically, this should not come as a surprise to you. Before SARS undertakes drastic measures such as s99, SARS will hound you and even summons you to submit tax returns and pay your taxes. Ignore these efforts by SARS at your peril.
Take these' warnings seriously - get your affairs in order. Contact Wayne or Debbi on 033 330 7333 to find out how we can assist you.
I started working in January 2004,in 2006 i had a penalty of +- R3500 that was due by me to sars for the year 2002-2003. I want to know how come? Because in 2002-2003 i was unemployed.
It is possible that when you were registered as a taxpayer that the incorrect dates were used for "The date you are first liable for income tax" This would have resulted in SARS levying penalties for the first periods. We can assist you in rectifying this, alternatively, go and visit SARS.
why Cipro is so reluctant to contact us (companies), to inform us of our status or their intentions to de-register us.SARS is doing that, by sending tax returns reminders. SABC does the same with tv licences, and most departments do the same.It is unfortunate that one will be told by other institution such as banks that the company is no longer registered.
My company is de-registered by Cipro without informing me. In so much that I am loosing money as there are tenders I did, now I cannot be paid due to this predicament.
CIPRO, if they were organised enough, probably would send you a reminder. That does however not detract from the fact that it is each member's (cc's) and director's (Pty) responsibility to ensure that the statutory requirements for their business are met. Sorry Raymond.
All is however not lost, the de-registration can be undone. Contact us for help on this