I could never understand why a company has to have both a Public Officer and a Representative Taxpayer.

The Tax Administration Act eventually provided the answer, but I had to read it a few times before I could figure it out.

Representative Taxpayer

s153 states that the Representative Taxpayer is responsible for ensuring that the company pays its tax liabilities.

s155 says that if s(he) diverts money which could have been used to pay those liabilities, out of the company, then s(he) can be personally liable for the taxes. So, as long as you don’t do that, you cannot be held personally liable.

Public Officer

s246 says that the Public officer is responsible for ensuring that the company does everything that it is required to do in relation to tax. This obviously includes submitting tax returns.

s234 makes it a criminal offence for the Public Officer to fail to submit company tax returns. It does not, however, say that it is a criminal offence to submit the returns late. So, if this bothers you, submit the returns now. You will then be in the clear.