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Breaking public goodwill: SARS chases the cents from ordinary taxpayers while high fliers remain footloose

A late-night email showed how a tax verification by SARS, despite an already paid refund, remains ongoing.

I asked around. I am not the only one among middle-class professionals, and in the working class, that the South African Revenue Service (SARS) seems to target for verifications, and even audits or final letters of demand for what SARS has realised it missed years ago.

It’s a crackdown on easy targets, the easy way to tick box institutional performance targets in high numbers. Chasing cents from ordinary taxpayers is a lot easier — and good for the stats — than tackling high fliers with enough resources to ensure staying just on the right side of tax avoidance. 

Late at night on 16 February 2022, it was my turn to get the SARS equivalent of a pink letter.  

“PIT [personal income tax] Enforcement”, is the heading in a clear show SARS works from the basis I somehow did wrong.  

I did not. 

For context: in the 2021 tax year I paid in well over a couple of hundreds of thousand of rands in tax, and claimed doctors, medicines and surgery expenses of around R34,000, leading to a tax refund of a little more than R8,450 paid into my bank account on 29 December 2021. 

All claims are backed up by receipts. My long-standing and long-suffering tax accountant has a rather conservative approach: even if a deduction is permitted — no receipt, no claim. I curse when I lose those blerrie slippies. I lost plenty, and I can’t even claim for working from home because my kitchen table doesn’t qualify. 

Back to that late-night “personal income tax enforcement” email. It was followed on 17 February 2022 by an early morning SMS:

“Dear Taxpayer… Please note that additional supporting documents are required by the SARS official working on your income tax assessment verification case…” 

But on 29 December 2021 SARS had paid into my bank account the R8,456.39 refund that was held in abeyance pending “verification”. A nice 2022 pressie, I thought as I was recovering from Covid-19. After all, any reasonable person would believe SARS had paid the refund only because their verification checks and so on confirmed it was indeed due — and that it was a case of Case Closed. 

Clearly not. 

And so that 16 February 2022 late-night “enforcement” email/early-morning SMS resumed my “verification” that had started three months earlier.

On 9 November 2021, the SARS SMS said, “Dear Taxpayer… Your SARS Income Tax assessment for 2021 was selected for verification. CaseNo:…”, and was followed a day later by an SMS acknowledging that all requested documents were submitted. 

“Dear Taxpayer… Tax year: 2021. SARS has received your supporting documents. Your verification case will be allocated to a SARS official. Note that SARS aims to finalise cases within 21 working days from receipt of supporting documents.”

It took a little longer, but the refund was paid before 2021 was up. 

Now it looks like that 29 December 2021 refund was simply for SARS to produce good internal targets of so-called completed cases — without the cases actually being finalised, or completed. In chasing ordinary taxpayers’ cents, clearly SARS reserves the right to do as it wishes.

In my case, SARS now wants “proof of payment” through my bank statements of those medical, medicines, doctors and surgery payments for which I already have submitted receipts for — and what’s called a “detailed member tax report by beneficiary” from my medical aid. 

You don’t even have to read between the lines — SARS thinks I diddled. 

So I went to the bank — the teller and I had a good chinwag and mutual shrug of how nothing can be done about SARS demands but comply — and I got that line-by-line item breakdown from the medical aid. 

The cost of a year’s worth of current and credit card bank statements? Never mind, they are bank-stamped so SARS can’t come back to say I fiddled. The cost of holding on to speak to someone at the medical aid? Again, never mind. 

I have resources — and unlike many, I don’t have to sacrifice a day’s wages to go queue at the tax office to get stuff sorted. 

Judging by the queues at the SARS central Cape Town office, going around the block from early in the morning for the past ten days, the tax collector is clearly on a plug.  

Yes, SARS is under pressure to collect for the national purse amid a stalled economy and rising need for social safety measures against hunger and poverty. Yes, SARS has to re-embed the tax compliance that plummeted in the State Capture years, and its own internal wracking. 

I believe in paying taxes because it’s for the public good, particularly in a country of such steep, stubborn poverty and inequality such as South Africa. And, yes, my private bank statements that I am forced to disclose given SARS’ posture of alleging guilt, miss only two receipt-backed claims totalling less than R450 paid in cash, clearly. SARS’ talk of “enforcement”, “verification” and “case number” in its posture of guilty-until-you-prove-yourself-not, grinds.  

It grinds particularly in the absence of demonstrable action against high fliers who, alongside State Capture beneficiaries and also the tobacco, booze and other smugglers, don’t seem to be taken to tax task, or even to tax litigation. 

Chasing the cents from working and middle-class taxpayers, while giving a free pass to those who enrich themselves by the millions is, if not an abuse of public power, then at least penny-wise, pound-foolish. 

It means the tax collector fritters away public trust — and public goodwill. 

And as SARS should well know, public goodwill is priceless. DM

 

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Comments (10)

John Georgiou Feb 26, 2022, 03:35 PM

Every month without fail (with the exception of two months where they were obviously busy with something else), my small business VAT return gets selected for verification. Costs thousands of rands each month to get the accountant to send them tons of documentation. Verifications are completed with nothing found and next month same story. God forbid you have a VAT refund - The quickest time to get a refund has been 10 months but if I was a connected individual I would get the refund before submitting the return ! Kieswetter is always quick to threaten all the little people, we are always automatically guilty and somehow we are always fiddling the system, yet the big fish are angels by comparison. It's an absolute disgrace. Try calling them or even emailing to get a simple answer and no one has a clue. In another company I have been trying to register for PAYE for 3 years with zero success. All I get are nonsensical answers from all the "specialists" at SARS. I have no warm fuzzy feelings to them at all. All they're doing is collecting so that the pigs at the trough can continue with their gluttony.

Peter Tranter Mar 6, 2022, 12:21 PM

We/I am a small business owner and have been since 1998. We are in Sales and over the years our customer base has moved away from our "traditional" markets of Eskom - we supplied the infra-red monitors on all the boilers at Arnot P. S., all level sensors on the Komati River scheme, & Water/waste-water, our last was the Instrumentation maintenance at all of JoBurg Water's Northern Sewage Treatment Plants. We now supply the Industries in Botswana, Kenya, Ghana, and Tanzania. Therefore, our sales are all VAT-free. For the past 10 years, or so, we have suffered about 3 audits on our VAT return when it went outside of the "norm" for a refund. However, in 2021 we have suffered 4 out of 6 VAT audits - the latest being our November VAT refund - we claimed an amount of some R167k refund - some large orders were invoiced during Oct/Nov. Our initial call to SARS after 21 days gave case number of 4103833449 and last Thursday's case number was 4180222531 ! We have been told on numerous occasions that our case has been escalated - one comment was that our FICA details on file are from 1982 - FICA did not exist then! One was our July return was escalated - the latest is it has been escalated to management as it has taken so long. 75% VAT refunds sorted within 21 days - hogwash - we are now over 3x that time and same previously. We cannot pay our suppliers, we have lost about R10k in settlement discounts, when we do not pay SARS we are charged penalties - SARS' inefficiencies are chargeless.

Gordon Pascoe Dec 28, 2022, 07:08 AM

As I said below, I have hear so many similar cases from small businesses. I in fact was forced to close down a startup because SARS simply failed to refund VAT, which I had incurred before we could start any sales. In this case they could not understand the fact that you incur costs to get the business ready to open.

Gordon Pascoe Dec 28, 2022, 07:04 AM

As I have said on many occasions, SARS has become predatory, I guess to fund the shortfall caused by ongoing theft by the government. So many people running small businesses complaining that they cannot get VAT refunds. Six months down the line they are repeatedly asked to submit the same documents over and over again. Kieswetter should be fired and replaced by someone who knows what they are or should be doing. He is constantly "bragging" about pursuing taxpayers, many as one can maybe judge from the responses to your article, being honest. It's disgusting.

Palesa Tyobeka Dec 28, 2022, 07:46 AM

I could not agree more. I am a pensioner who is somehow "luckier" than most in that as a retired professional I receive a reasonably decent pension. Added to that I receive my late husband's pension - also a professional. I envy people who receive rebates. I try to accurately reflect all my income and expenditure but my tax returns are always audited and I always pay in tens of thousands to SARS. I look at friends and acquaintances in business who earn way more than I do who receive rebates and are never audited and wonder what I can be doing wrong. So easy for SARS to get money from ordinary law abiding citizens than the rich and famous whose taxes would make a real difference to the coffers of this country.

MICHAEL CARBUTT Dec 28, 2022, 08:29 AM

Marianne, thanks for taking on this issue! I am one of those tax compliant taxpayers who year after year after year get "verified" or audited, with no gain for SARS. Enough is enough! Could you please send your article and all these comments to Kieswetter. I wonder whether he knows just how gat-vol law abiding taxpayers are, while the ANC and other gangsters just laugh.

Jaco Louw Dec 28, 2022, 10:14 AM

The same thing happened to me. I was owed R14k by SARS, but instead of paying me, they audit me for 2021, so I submit the required documentation. After concluding that all is in order for 2021, instead of paying me, they decide to audit me for 2020! I had to submit documentation again, and waited about 3 months in total for my SARS refund!

mally2 Dec 28, 2022, 10:38 AM

Apart from the "admin" issues mentioned by Marianne and people who have commented, navigating your way through their computer programme is often a nightmare. Even though I consider myself educated with 2 Ph.D.s I suspect that if I have a heart attack in front of my laptop SARS will be responsible. Just to change my wife's banking details on their form is nigh impossible, and this "failure" to do so will not let me into the tax return form. Unfortunately, at the age of 87 years I did not grow up with a cell phone in my hand. Even ballpoint pens were not invented during my youth! So how do I manage with the SARS programme when it is virtually impossible to get assistance from a person with the ability to speak logically over the phone?

Dawn Pretorius Dec 28, 2022, 10:57 AM

Hi Marianne I have just published a book - late 2022 - about the scourge of money laundering globally which grows exponentially and the continually increasing anti-money laundering legislative initiatives applied over the years. Tax is one of the issues which the wealthy and corrupt escape or minimise (legally) causing growing inequality worldwide. I would like to deliver of a copy of my book to you if you are interested. It is called the Shepherds of Inequality and the Fultility Of Our Efforts To Stop Them.

Peter Temlett Dec 28, 2022, 12:30 PM

Well written and oh so true.

Katharine Ambrose Dec 29, 2022, 11:29 AM

My accountant benefuts from Sars endless unnecessary audits. The latest incredible assertion from Sars is that my husband's home of his last 17 years of life was not his primary residence and therefore it will be taxed in his estate. Where on earth they got that idea from I can't imagine. More work for accountants tho..