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11 mistakes on your taxes that come with 2 yearsâ imprisonment
By Opinion
By Roxanna Naidoo and Lisa Mihalik
A new set of tax law amendments, signed by President Cyril Ramaphosa, and promulgated on 20 January 2021 has granted Sars all the legal fire power it needs to impose criminal sanctions on taxpayers who neglect their tax affairs.
Criminal Negligence
Prior to the promulgation of the Tax Administration Laws Amendment Act, 2020 (Amendment Act) a mistake made by a taxpayer was only a crime when it was done âwilfully and without just cause.â In other words, the law required an element of intent; where negligence or ignorance caused your administrative non-compliance, you would have gotten off with a slap on the wrist.
11 mistakes on your tax return that could land you in jail for two years 04 February 2021 - 06:00 A defence commonly used by taxpayers - I didn t know - is not going to work since new laws were promulgated on January 20 that hold individuals to a higher standard of care when dealing with their taxes. Image: Picture: GALLO IMAGES
Failure to register your details with revenue service Sars or not notifying it of changes to your details could result in up to two years imprisonment, says Tax Consulting SA.
Roxanna Naidoo, an attorney, and Lisa Mihalik, the tax and legal administrator, both of Tax Consulting SA, said a new set of law amendments, signed by President Cyril Ramaphosa and promulgated on January 20, has granted Sars the legal firepower it needs to impose criminal sanctions on taxpayers who neglect their tax affairs.