AD CC vs. SARS (VAT case #1069) 25th July 2014
What were the facts of the case?
SARS deregistered VAT vendor AD CC in January 2000 because he failed to submit his VAT returns.
He would charge the VAT and issue tax invoices, but he didn't submit the VAT returns or pay over the VAT to SARS.
SARS did an audit on AD CC in 2010, in which he was assessed for unpaid VAT.
This resulted in him facing a 200% understatement penalty in terms of the Tax Administration Act.
The vendor then objected and appealed the penalty, stating that he had taken over the business from his father, and didn't know that it had been deregistered.
But he STILL didn't submit VAT returns or pay the VAT.
What did the Court say?
The Court noted that once the vendor was caught, he cooperated fully with SARS, and so it decided to reduce the penalty from 200% to 100%.
The Court held that a fine was still applicable as the vendor was charging VAT and not paying it over to SARS.
What can you learn from this case?
Don't take up to six months to register for Vat! Here's how to do it the same day
More Than 90% of applications for Vat registrations are rejected by SARS!
But your's doesn't have to be one of them.
I have a solution to ensure you walk into a SARS office 100% prepared for your Vat registration.
Here's how you can register for Vat and get it the same day...
1. If you take over a business, check its Vat registration status.
2. If you charge VAT, declare it and pay it over to SARS.
3. DON'T charge any VAT if you're not registered for it!
4. If SARS decides to audit you, always remember that your cooperation can really be to your advantage.
*Do you want to learn more useful information on VAT registration? Then subscribe to the Practical VAT Loose Service