The controversial and much expected Tax Administration Act 28 of 2011 has now been promulgated by President Zuma, affecting all taxpayers' and tax practitioners' interactions with SARS. This new legislation has been criticized my some as containing unconstitutional provisions, notwithstanding revisions of the legislation after SARS consulted leading constitutional lawyers. Much criticism was given to this piece of legislation in its earlier format by various Bar councils and the Law Society of South Africa.
Prof Erasmus will take you through the final Act and will highlight and discuss key areas that will affect taxpayers and their advisors. Issues such as the legislated 'letter of findings', taxpayers rights at the commencement of an audit, clearance certificates, approaching the high court if SARS acts outside their powers, the difference between administrative penalties and other penalties, SARS' search and seizure powers, liability of shareholders for the tax debts of a company, representative taxpayer's - are some of the topics that will be discussed - with reference to useful analogous case law.
Do not miss this extremely important and insightful CPD update by an academic and practitioner who specializes in this field of law.
- The final Tax Administration Act, 2011 as gazetted on 4 July 2012
- Definitions - key definitions, relevant material, Administration of tax Acts
- General administration provisions - conflicts of interest by SARS, Tax Ombudsman, Powers
- Registration - Single registration number
- Returns and records - Duty to keep records, Reportable arrangements
- Information gathering - Audits, Relevant material, Letters of findings, Criminal investigations
- Confidentiality of information - Secrecy
- Advance Rulings
- Assessments - NEW rules on onus of proof, Jeopardy assessments
- Dispute Resolution - When can you approach the High Court directly, Burden of proof
- Tax Liability and Payment - Personal liability, Instalment payment agreements
- Recovery of Tax - Liability of shareholders for tax debts
- Refunds - Set-off and deferral
- Write Off or Compromise of Tax Debts - typical procedure
- Administrative Non-Compliance Penalties - Fixed amount penalties, % based penalties, Remedies
- Understatement penalties
- Voluntary disclosure programme
- Criminal Offences - 'double jeopardy', R v Jarvis principles
- General Miscellaneous - Unprofessional conduct, Transitional provisions
Who should attend
- All tax practitioners and tax advisors
- Chartered Accountants
- Professional Accountants
- Business Accountants
- Tax Technicians
- Company Secretaries
- Litigation attorneys
- Practice managers
- Business owners
- Tax executives/managers
- Tax consultants
- Tax advisers
- Tax specialists
About the presenter
Prof. Daniel Erasmus
Daniel Erasmus is an Adjunct Professor in International Tax Planning & Tax Risk Management at the Thomas Jefferson School of Law, San Diego, California. Daniel is an admitted attorney and holds a B. Proc, a Bachelor of Arts (Politics & Law), a Higher Diploma in Tax Law and an LL.M in taxation. As Chairman and CEO of TRM Services, Daniel pioneered the advancement of taxpayers' rights in matters of taxation, ultimately developing a system of tax risk management to circumvent the adversarial nature of tax controversies with tax authorities. He is a world-wide leader in knowledge and skills in this area of taxation, having taught thousands of delegates at workshops the principles of tax risk management, and how to implement these principles in MNE's.
Daniel started his tax career in the mid 1980's at Deloitte & Touche. Shortly thereafter he joined the tax department of Hofmeyr Attorneys, where he was soon appointed at that stage as the youngest equity director of that firm. After a number of years, he left to form his own tax law firm, attracting various multinational clients, and later headed the tax department of former 100 year old law firm Moss Morris. He was the chairman of the Law Society of South Africa's Tax Matters Committee for more than seven years, and still is a member of that committee after it merged with the exchange control committee (serving as chairman and member for more than 10 years). He is co-founder and former lecturer of the University of Johannesburg's Diploma in Tax Practice program, and co-authored VAT for Lawyers: A Guideline; CGT: A Guideline, and more recently Lexis Nexis Butterworth's Exchange Control & Income Tax Amnesty Handbook.
Your attendance will also give you 4 valuable hours of CPD with professional bodies: SAICA, LSSA, SAIPA, ACCA, CSSA, ICB, SAIBA, CIMA, FSSA.