The North Gauteng High Court recently delivered its judgment in the matter between Metlika Trading Ltd and Ben Nevis Holdings Ltd v CSARS and Eight Others (case number 24997-2011).
Metlika Trading and Ben Nevis are incorporated in the British Virgin Islands and owned by businessman Dave King via his Glencoe Investment Trust based in Guernsey.
The companies submitted an application for an interim interdict to prevent SARS from executing against certain assets pending resolution by trial and arbitration.
Ben Nevis owes SARS an estimated tax debt of R2,7 billion. As a result of earlier inquiries made by a SARS official, Ben Nevis transferred all its South African assets to Metlika Trading during January 2001.
The court denied the application. SARS can now sell off assets owned by the companies.
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.