Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
Search Products
Filter by Categories
B-BBEE
Blog
Company Secretarial
Featured
General Business
General Interest
Investing in Property
Marketing
Personal Growth
Personal Wealth
Tax
Trusts and Estate Planning
Uncategorized

This is the first time that I have seen SARS getting a judgement for Administrative Penalties.

What does it mean? Well, the judgement was against a company, and that company has already been deregistered at CIPC. It was always dormant, so it owns no assets that the sheriff can seize.

In other words, the judgment can have no effect whatsoever on the company.

Can other assets be seized? No, not those of the shareholder, the director, the Public Officer nor the Tax Representative, none of whom were mentioned in the judgement.

I asked Perplexity.AI whether there had ever been such a case against the Public Officer (who can be held personally rsponsible for those penalties) and this was the response:

No publicly documented court judgment exists where SARS has obtained a ruling specifically holding a public officer personally liable for a dormant company’s administrative non-compliance penalties due to failure to submit nil tax returns.

I guess, however, that there’s always a first time.

As an experiment, we are completing all outstanding Nil returns and applying for remission of penalties.

I wonder what the outcome of that will be.

0 comments

XHTML: You can use these tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Looking for even more informative content? Check out the books I have written which have proved to be very popular.

Need help with your Trust or Business?

Contact us today or set up a free meeting with our CEO, Derek Springett. We have been offering expert advice and business services since 1971. You can also view see our full list of services.