B: André Daniels and Colleen Kaufmann
As South Africans prepare to close the year, the South African Revenue Service (Sars) is turning up the heat on tax evaders. The recent search-and-seizure operation targeting Ms. Shauwn Mkhize and others sends a chilling and unequivocal message: Sars is watching, and it will act. This high-profile enforcement action underscores Sars’ relentless determination to uphold the law and dismantle the culture of impunity around tax compliance. Whether a business mogul, a high-net-worth individual, or an average taxpayer, no one is beyond Sars’ reach.
Gone are the days when tax compliance was considered optional or a "nice-to-have." The modern tax landscape demands absolute transparency, and Sars has the tools, resolve, and authority to ensure adherence. The preservation order and search-and-seizure warrant granted by the Durban High Court mark yet another milestone in Sars’ efforts to root out tax evasion and secure the revenue base that sustains our nation.
Why this should concern every taxpayer
Sars has unequivocally demonstrated its readiness to leverage every provision of the Tax Administration Act, No. 28 of 2011 (TAA), particularly Part D of Chapter 5, which empowers search-and-seizure operations. This high-profile case is a stark example of Sars’ broader strategy to deter and penalize deliberate tax evasion, leaving no room for impunity.
Moreover, Sars has proven its commitment to utilising section 163 of the TAA, which authorises the issuance of preservation orders. These orders serve as a critical mechanism to safeguard assets and secure essential evidence of non-compliance, ensuring that taxpayers cannot evade their obligations by dissipating assets.
This is not just about high-profile individuals. Sars’ approach targets all non-compliant taxpayers, ensuring that the consequences of defiance are felt across the board. Whether you are a business owner, entrepreneur, or salaried employee, failure to disclose income and meet tax obligations can result in severe legal and financial repercussions.
The role of tax attorneys and the voluntary disclosure programme (VDP) process
For taxpayers who have fallen behind or failed to disclose income, this serves as a wake-up call. The best defence in navigating Sars’ stringent enforcement measures is a proactive and strategic approach, guided by experienced tax attorneys.
Tax attorneys offer several advantages:
Legal Professional Privilege: This ensures that sensitive information shared with your attorney remains confidential, allowing you to explore all options without fear of exposure.
Strategic Guidance: Navigating Sars’ processes requires expertise, particularly when dealing with audits, disputes, or enforcement actions.
VDP: The VDP provides a lifeline for taxpayers to rectify their non-compliance voluntarily, avoiding harsh penalties and potential criminal prosecution. This process is most effective when approached with the assistance of skilled professionals who understand its nuances.
A stark warning to those who resist compliance
Sars Commissioner Edward Kieswetter’s bold statement should not be taken lightly. Sars will "act emphatically to ensure that all meet their legal obligations," regardless of their societal standing. By collaborating with the Hawks, SAPS, and other agencies, Sars has fortified its capacity to investigate and prosecute tax evasion cases.
The days of evasion and impunity are over. The preservation of assets and the collection of taxes will proceed “without fear, favour, or prejudice.” Non-compliance is no longer just a legal risk; it is a financial and reputational disaster waiting to happen.
The bottom line
Tax compliance is not optional—it’s a fundamental obligation that underpins South Africa's ability to provide for its most vulnerable citizens. Those who attempt to hide income or evade tax will face the full force of the law, as can be seen from the Commissioner’s statements in media releases and the recent Sars crackdowns we have seen.
For individuals and businesses unsure of their standing, the message is clear: act now! Engage qualified tax attorneys, consider the VDP process, and take the necessary steps to become compliant.
In today’s enforcement-driven environment, it’s not a matter of if Sars will catch up to you—but when.
* Daniels is the head of tax controversy and dispute resolution, and Kaufmann is a senior tax attorney at Tax Consulting SA.
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