Companies in South Africa are frustrating the taxman by not putting the right officials in place – so SARS is proposing changes to make it difficult to avoid.
The South African Revenue Service is proposing changes to the country’s tax laws to come down on companies who fail to set up public officers in the country—which often results in a major administrative headache for the taxman when it comes time for these companies to pay their dues.
The public officer is responsible for ensuring the company complies with all obligations under tax laws and is subject to penalties for any defaults by the company. The company is also regarded as having performed any actions taken by the public officer in their representative capacity. According to tax experts at Tax Consulting SA, however, the current laws have practical complications—particularly for foreign companies operating in South Africa, but not exclusively.
Without a suitable public officer, no tax registrations such as VAT, amendments or filings can be done SARS wants to remove the 30-window to appoint one and instead make it that a public officer is appointed at the same time the company is formed—in a way similar to how income tax numbers are allocated.
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