08 April 2005 – Outstanding Income Tax
Returns for 2003 & 2004
you have an outstanding tax return for either 2003 or 2004 or both tax years?
YOU ARE KNOWINGLY IN TROUBLE WITH SARS, WITHOUT KNOWING IT. “IGNORANCE OF THE LAW IS NOT AN EXCUSE”
the one side of the coin:
YES you are in trouble with SARS but
also on the other side of the coin: NO
you are not, IF you know the correct
procedures or know somebody who knows the correct procedures.
why do I say YES? If a tax return for a previous year is outstanding when your
tax returns for 2005 is issued by SARS, you do not qualify for an extension to
submit your 2005 return until the outstanding returns has been submitted. If the
right procedures are not followed, you will also be liable for penalties on the
late submission of an income tax return, which can be as much as 200% of your
income tax, as well as interest.
why do I also say NO? By following the correct procedures, I legally exploit a
loophole in the latest changes to the Office Procedures of SARS. By legally
exploiting the loophole, you get two months extension to submit the outstanding
returns for 2003 and 2004 and also avoid the penalty on late submission of an
income tax return, but you might still be liable for interest.
weeks ago, I followed the procedure for a new client’s outstanding 2003 and
2004 tax returns, and a SARS official asked me how did I came across the
loophole, to which my reply was that I worked as a Tax Auditor for 2 years at
SARS, and that one has be awake when dealing with SARS and their Office
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