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Can a general tax practitioner register a trust at the Master of the High Court?

15 January 2015   (0 Comments)
Posted by: Author: SAIT Technical
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Author: SAIT Technical

Q: A client is registered with a controlling body as a general tax practitioner (GTP) and would like to register a trust for one of their clients with the master of the high court. Also the GTP would like to complete the J405- acceptance of auditor form on behalf on their client. Is this possible, please could you advise me so I can assist the client?

A: With regards to the query the Trust Property Control Act does not prescribe who may act as auditor or accountant for a trust, merely that trustees may be called upon to submit financial statements. The relevant J405 form does not have formal prescriptions but does indicate that the person should list his or her accreditation. In this respect it is our view that such person must at least be a person who may act as an accounting officer for the purposes of the Close Corporations Act, namely a person who is a member of a professional body listed by the CIPC.  These are listed as:

The South African Institute of Chartered Accountants (SAICA)

Auditors registered in terms of the provisions of the Auditing Profession Act, 2005(CA)

The Southern African Institute of Chartered Secretaries and Administrators (ICSA)

The Chartered Institute of Management Accountants (CIMA)

The South African Institute of Professional Accountants (SAIPA)

THE IAC who have obtained the Diploma in Accountancy (IAC)

The Association of Chartered Certified Accountants (ACCA)

The Chartered Institute of Business Management (MCIBM)

The South African Institute of Business Accountants (SAIBA)

The South African Institute of Government Auditors (SAIGA)

Disclaimer: Nothing in this query and answer should be construed as constituting tax advice or a tax opinion. An expert should be consulted for advice based on the facts and circumstances of each transaction/case. Even though great care has been taken to ensure the accuracy of the answer, SAIT do not accept any responsibility for consequences of decisions taken based on this query and answer. It remains your own responsibility to consult the relevant primary resources when taking a decision.


WHY REGISTER WITH SAIT?

Section 240A of the Tax Administration Act, 2011 (as amended) requires that all tax practitioners register with a recognized controlling body before 1 July 2013. It is a criminal offense to not register with both a recognized controlling body and SARS.

MINIMUM REQUIREMENTS TO REGISTER

The Act requires that a minimum academic and practical requirments be set to register with a controlling body. Click here for the minimum requirements of SAIT.

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