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I’m getting a lot of calls lately, because SARS is hitting more and more dormant companies with monthly administrative penalties for each annual tax return outstanding.

Here’s a summary of my response –

  • It is the company that becomes liable to SARS for the penalty
  • The directors cannot be held liable
  • The shareholders cannot be held liable
  • The public officer cannot be held liable
  • The only time that SARS can recover the penalties is if the company starts to trade
  • If your company is not trading, I suggest that you ignore all correspondence from SARS relating to the penalties
  • If it is trading, I suggest that you immediately submit your tax returns and pay the penalties
  • If your company has not traded but intends to trade in future, I suggest that you form a new company for the future trade.

Don’t let SARS’ bully tactics get to you.

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