Twigg Advisory Services

Twigg Advisory Services We strive to partner with our clients in taking care of the backoffice headaches so you can get on with business. We have been doing it since 1999.

Accounting

We maintain accounting records, prepare management accounts and annual financial statements. We also act as independent accountants and accounting officers for close corporations. Advisory

Take advantage of our experience in assisting clients to buy, sell, downsize or grow their business. Taxation

We provide a complete service - we don't just do the tax return, we take care of all yo

ur tax affairs including making sure things happen when they are supposed to - we will guide you (and nag you if necessary) to make sure your affairs are up to date. Technology

We specialise in browser-based software solutions from specialised websites to integrating multiple systems. Our focused development team will build a customised solution to meet your needs. (Make your browser window narrow to see how this website uses responsive technology to adapt the webpage to the screen size)

Valuations

Wanting to purchase a business - how do you know the price is fair? Let us assist in performing a due diligence investigation - making sure you know what you are getting into. We will also assist with your business plan, structuring and raising capital.

SARS and the criminal justiceWhen I first started writing newsletter articles 15 years ago, a journalist friend of mine ...
03/09/2018

SARS and the criminal justice

When I first started writing newsletter articles 15 years ago, a journalist friend of mine gave me this advice: “First make the reader aware of the pain by rubbing salt in the wound, then offer him a soothing balm”.
In the past few weeks this strategy has been applied both by SARS and CIPC. CIPC has obtained court orders imposing administrative fines of 10% of turnover for non-compliant companies (CIPC, 2018) and SARS has obtained criminal convictions against delinquent taxpayers for non-submission of returns (SARS, 2018). Both have been well publicised with the intention of scaring you into compliance. While compliance is not always palatable it is morally, ethically and legally right.
The question is - are you exposed to criminal action if you have outstanding tax returns?

In this article, to give you an indication of your exposure to criminal action, I will explore the legal framework which SARS is required to follow.

SARS published an article on its website in July 2017 emphasising SARS’ role in enforcing tax and customs laws. In this article SARS highlights that it is empowered through legislation to conduct criminal investigations into tax offenses, and once those investigations are finalised, to refer the matter to SAPS and the National Prosecuting Authority for them to determine whether or not to charge the offender with a crime (SARS, 2017).
The prominent piece of legislation under which SARS is likely to act is the Tax Administration Act . The TAA defines a tax offence as “an offence in terms of a tax act or any offence involving fraud on SARS or on a SARS official relating to the administration of a tax act, or theft of moneys due or paid to SARS for the benefit of the National Revenue Fund” . A serious tax offence is defined as (inter alia) “one where a person may be liable on conviction to imprisonment for a period exceeding 2 years without an option of a fine”. In addition to the above two definitions which have a bearing when SARS’ conducts tax audits, the TAA also specifically criminalises non-compliance for the following:
• If you do not update your details with SARS;
• If you do not appoint a representative taxpayer;
• If you do not submit a return or document to SARS;
• If you do not retain your records;
• submits a false certificate or statement;
• if you fail to answer SARS correspondence or notices;
(For a complete list see 234 to 237 of the TAA.)
The list above is not new and was in fact part of the TAA which became effective from 1 October 2012. What is new, is SARS’ emphasis on pursuing the criminal aspects.
In order for SARS to pursue the criminality of tax offences, SARS must remain within the boundaries of its powers defined through legislation. The Constitutional Court has held that all statutes that authorise administrative action must be read together with Promotion to Administrative Justice Act (PAJA) unless the provisions of the statutes in question are inconsistent with PAJA . PAJA gives effect to the person’s right to administrative action that is lawful, reasonable and procedurally fair . The effect of this is that SARS must:
• Give prior notice of the intended act or decision
• Provide an opportunity for the taxpayer to make representations before a decision is taken
• Provide clear grounds for the decision
• Provide adequate notice of the right to request reasons for the decision.
There are also specific rules set out in section 43 of the TAA which govern how SARS can use evidence gathered during a SARS audit which result in a criminal investigation. These are not covered here. Suffice to say that these protect a person’s right not to incriminate themselves.
In conclusion, it is vitally important that you make sure that you are diligent about your compliance and secondly, that make sure that you always pay attention to and respond to SARS correspondence. Doing so will significantly reduce your risk of administrative action by SARS.

References
CIPC. (2018, May 31). Media release Cold Cases. Retrieved from cipc.co.za:http://www.cipc.co.za/files/8815/2810/5809/Media_Release_Cold_Cases.pdf
SARS. (2017, July 11). SARS AND THE CRIMINAL JUSTICE SYSTEM. Retrieved from sars.gov.za: http://www.sars.gov.za/TargTaxCrime/WhatTaxCrime/Pages/SARS-and-the-Criminal-Justice-System.aspx
SARS. (2018, April 16). SARS, NPA TO PROSECUTE TAXPAYERS FOR OUTSTANDING RETURNS. Retrieved from sars.gov.za: http://www.sars.gov.za/Media/MediaReleases/Pages/16-April-2018---SARS-NPA-to-prosecute-taxpayers-for-outstanding-returns.aspx

SARS and the criminal justice
03/09/2018

SARS and the criminal justice

Message from SARS:Take advantage of the Special Voluntary Disclosure Programme or you might face consequences including ...
15/08/2017

Message from SARS:
Take advantage of the Special Voluntary Disclosure Programme or you might face consequences including fines and imprisonment https://lnkd.in/g6pMfUG
Luckily Twigg Advisory Services is here to help you, just give us a call on 0333307333.

You may apply through the SARS eFiling VDP application process. The current VDP application form (VDP01) on eFiling was enhanced to accommodate the SVDP tax related disclosures.

Your look when it's February and provisional Tax is due.
01/02/2017

Your look when it's February and provisional Tax is due.

26/08/2016

Employer: Twigg Technology (Pty) LtdDevelop niche browser-based applications on behalf of clients. You will work as part of a small team.Can...174469627

Wayne Twigg ( Partner at Twigg Advisory Services) has been appointed to the SMEIG, Read article below adapted from SAICA...
05/08/2016

Wayne Twigg ( Partner at Twigg Advisory Services) has been appointed to the SMEIG, Read article below adapted from SAICA magazine

Tax season begins today, time to file those income tax returns
01/07/2016

Tax season begins today, time to file those income tax returns

Just be a good citizen and pay your taxes, its worth it.
20/06/2016

Just be a good citizen and pay your taxes, its worth it.

Benefits of being an honest citizen
17/06/2016

Benefits of being an honest citizen

Story of our lives
13/06/2016

Story of our lives

Be uniquely you, Shine from the rest, Be that jewel, Have them engage in that treasure hunt only to find YOU.
10/06/2016

Be uniquely you, Shine from the rest, Be that jewel, Have them engage in that treasure hunt only to find YOU.

Go out there make your mark, build your dreams!
09/06/2016

Go out there make your mark, build your dreams!

HAVE A GREAT WEEKEND PEOPLE
27/05/2016

HAVE A GREAT WEEKEND PEOPLE

26/05/2016
Well put!!!!!!!
26/05/2016

Well put!!!!!!!

Give everything your all
24/05/2016

Give everything your all

South Africans who find themselves exposed for tax evasion via the Panama Papers should declare all their offshore asset...
24/05/2016

South Africans who find themselves exposed for tax evasion via the Panama Papers should declare all their offshore assets now and not wait for the Special Voluntary Disclosure Programme (SVDP), which only kicks in from October 1 2016 to March 31 2017.

Wise words
23/05/2016

Wise words

23/05/2016

NPA says Gordon not facing charges

23/05/2016

South Africa minister denies ‘espionage’ charges, MR Pravin Gordon has urged South African residents to support the national Treasury team

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Howick
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Monday 08:00 - 17:00
Tuesday 08:00 - 17:00
Wednesday 08:00 - 17:00
Thursday 08:00 - 17:00
Friday 08:00 - 17:00

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+27333307333

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