Tax Consulting SA reveals a new case that highlights the importance of being a savvy taxpayer.
Taxpayers must be cautious when entering into agreements under the voluntary disclosure programme , says Tax Consulting SA.
SARS said that if they discover non-compliance during their own investigations, the help provided through the VDP will not be an option. Instead, they will take legal action to address the non-compliance. The taxpayer subsequently applied for a remission of interest as provided by the Value Added Tax Act; however, this was refused due to the agreement between the two parties remaining in force and being unamendable.
The court further held that the Commissioner unequivocally stated that “under the circumstances, as the agreements entered into between the Commissioner and the respective taxpayer remains in force, the Commissioner cannot consider the request for the remission of interest levied.” “The Court found that the Commissioner’s refusal to consider and determine the taxpayer’s request altogether undermines the fundamental right entrenched in section 33 of the Bill of Rights, the right to Just Administrative Action.”
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