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22 Criminal tax offences you must know about! If SARS catches you for any of these, you WILL face 200% penalties or jail time

by , 28 November 2014
SARS is very clear about its rules. Pay your taxes correctly and on time or it will penalise you. But in certain situations, you'll get a lot more than just a 200% penalty.

If you're guilty of any of these 22 tax offences, SARS will charge you with a criminal offence. You will face crippling a 200% penalty, or worse, a jail sentence for fraud.

Ensure you never commit any of these 22 offences so you don't end up with a jail sentence...

 
*********** Product endorsement  ************
 
Know the Law on Avoiding Tax: You Are Now Presumed GUILTY
 
Dealing with SARS and acing your SARS Audit
SARS has been dealt a better hand in dealing with you if you try to avoid tax. SARS knows where it stands. The question is: do you?
 
Do you plan on obtaining an 'innocent' tax benefit? If your main or only reason for entering into any arrangement is to receive a tax benefit, SARS will brand you guilty of avoiding tax...and guess who has to prove their innocence… YOU!
 
 
*****************************************
 

If you're guilty of any of these 22 criminal tax offences, you will face jail time

 
1. If you don't register your details with SARS or let it know if you've changed your personal details;
2. If you appoint a tax representative to handle your tax on your behalf and you don't notify SARS;
3. If you don't submit a return or relevant documentation to SARS, or if you don't issue a document to a person specified under a tax act;
4. If you don't keep your records in the correct format and for the correct amount of time;
5. If you submit a false certificate or statement;
6. If you issue incorrect, incomplete or false documents required under a tax act to give to someone else;
7. If you don't:
Provide any information, document or thing, excluding information SARS requests for an estimation of your revenue (Section 46(8) of the Tax Admin Act);
Answer any questions from a SARS official truthfully and honestly;
Take an oath or make a solemn declaration; or
Attend and give evidence, as and when required;
1. If you don't comply with an instruction issued by SARS;
2. If you don't disclose any material facts to SARS that should've been disclosed;
3. If you obstruct a SARS official when he's trying to perform his official duties;
4. If you refuse to give assistance during a field audit or criminal investigation (Section 49(1));
5. If you pretend to be a SARS official engaged in carrying out the provisions of the Tax Admin Act;
6. If you don't comply with the provisions of debt collection from third parties (Sections 179 to 182), if you were given notice by SARS to transfer your assets, or pay the amounts to SARS under these sections;
7. If you dissolve your assets or help someone else dissolve their assets to obstruct the collection of any taxes, penalties or interest.
8. If you try to evade tax or you assist someone else to evade tax or get a refund that's not due;
9. If you make or allow any false statement or entry in your tax return or any other document you submit to SARS. Or if you sign a statement, return or other document you've submitted without reasonable grounds for believing them to be true;
10. If you receive a request for information from SARS and you give a false answer, either verbally or in writing;
11. If you either prepare or keep false books of account or other records or if you authorise someone else to falsify these books of account and other records;
12. If you are fraudulent or allow someone else to be fraudulent; 
13. If you make any false statement to get a refund or to be exempt from tax.
14. If you break any of the provisions of Section 67(2) or (3), 68(2), 69(1) or (6) or 70(5) and are found guilt, you'll be subject to a fine or go to jail for two years;
15. If you try to evade tax or you assist someone else to evade tax or get a refund that's not due;
16. If you make or allow any false statement or entry in your tax return or any other document you submit to SARS;
17. If you prepare or keep false books of account or other records or if you tell someone else to fake these books of account and other records;
18. If you're a fake taxpayer or let someone else act as a  fake taxpayer; 
19. If you lie to get a refund or to get a tax exemption.
20. Submit a return or any other document to SARS with a fake signature;
21. Use someone else's electronic or digital signature in any electronic communication with SARS; 
22. Send SARS communication on behalf of someone else without their permission.
 
Don't commit any of these 22 criminal tax offences or SARS will charge you a 200% penalty or send you to jail. 
 
For more information of SARS penalties and how to avoid the check out the Practical Tax Loose Leaf Service
 


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