Taxman sets sights on ‘Mr Big’
23 July 2012
Posted by: SAIT Technical
By Fatima Schroeder (Business Report)
The taxman has approached the Western Cape High Court to have alleged crime high-flyer Quinton "Mr Big” Marinus sequestrated, saying he owes more than R2 million in unpaid taxes.
A similar separate application was also lodged against his wife, Davidene, to whom he is married out of community of property.
Sars says suspected gang boss Marinus is broke and is attempting to sell his Plattekloof home, valued at R2m. It wants the court to sequestrate him and his wife so a trustee can ensure it is sold and the proceeds distributed properly.
Jatin Gordhan, Sars enforcement projects operations specialist, said in an affidavit before the court that an audit of Marinus's tax liability was conducted and the full amount chargeable for the years 1997 to 2003 had not been accurately assessed as a result of "misrepresented” or "undeclared” income.
Sars sent Marinus the assessments and Gordhan said Marinus did not note any objections.
But Marinus failed to pay the amount owing, prompting Sars to issue a final demand against him in April 2009 to inform him that judgment would be taken against him. Still the amount was not paid.
Judgment was obtained against Marinus in February last year and at that stage he owed Sars R1.67m. By May this year, after interest was added, the total amount due to Sars was R2.047m.
In Marinus's recent tax returns he declared a nil taxable income.
Gordhan submitted that the tax returns indicated that Marinus was insolvent and unable to pay his debts.
In addition, Gordhan said that when the sheriff of the court attempted to execute the judgment, Marinus was unable to indicate any disposable property to satisfy it (the judgment).
"I have also been advised that (Marinus) has placed his residence in Plattekloof on the market which he and his wife, as co-owner of the property, are attempting to sell,” Gordhan added.
The property is valued at R2.12m.
"I submit that the disposal of (Marinus's) Plattekloof residence would have the effect of prejudicing (Sars) as a creditor and, needless to state, (Marinus's) other creditors,” he added.
Gordhan wants a trustee appointed to take control of Marinus's affairs so that the property can be sold and the proceeds distributed in a manner which does not prefer one creditor over another.
On Tuesday, Judge Dennis Davis postponed the sequestration applications against Marinus and his wife to July 31 and gave them until July 27 to file papers if they intended to oppose the applications.