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Admin penalties: Committing these offences could result in a jail sentence of up to two years!

by , 02 January 2014
If there's one thing SARS doesn't tolerate, it's non-compliant taxpayers. In fact, committing these offences could get you two years in jail...

Non-compliance with tax Acts is one of the criminal offences you must know about.

If you intentionally do any of the following and are convicted you'll face two years in jail:

  • If you don't register your details with SARS or let it know if you've changed your personal details;
  • If you've appointed a tax representative to handle your tax on your behalf and you don't notify SARS. Or if you don't let SARS know if the details of the person you've appointed have changed;
  • 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;
  • If you don't keep your records in the correct format and for the correct amount of time;
  • If you submit a false certificate or statement;
  • If you issue incorrect, incomplete or false documents required under a tax Act to be given to someone else;
  • If you don't comply with an instruction issued by SARS;
  • If you don't disclose any material facts to SARS that should've been disclosed;
  • If you obstruct a SARS official when he's trying to perform his official duties;
  • If you refuse to give assistance during a field audit or criminal investigation;
  • If you pretend to be a SARS official engaged in carrying out the provisions of the Tax Admin Act;
  • If you don't comply with the provisions of debt collection from third parties if you were given notice by SARS to transfer your assets, or pay the amounts to SARS under these sections; or
  • If you dissolve your assets or help someone else dissolve their assets to obstruct the collection of any taxes, penalties or interest.

That's not all.

The Practical Tax Loose Leaf Service says you could face two years in jail if you don't:

  1. Provide any information, document or thing, excluding information requested by a SARS official for an estimation of your revenue;
  2. Answer any questions from a SARS official truthfully and honestly;
  3. Take an oath or make a solemn declaration; or
  4. Attend and give evidence, as and when required.

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