MEMBERSHIP ANNUAL CRITERIA
Membership to a professional service organisation requires more than mere annual payment of fees. Members must maintain their good standing as professionals in terms of responsible behaviour and technical training. Association with a professional body demonstrates to clients, potential clients, government and the public at large that the member has a unique set of skills that require special recognition. Ongoing recognition requires an ongoing commitment to a higher standard in term of skills and ethics.
These requirements are important for recognition in terms of SARS and SAQA. These requirements are also important for satisfying the inherent principles in which SAIT was founded. These requirements must be satisfied annually (with the criminal and tax clearance requirements being satisfied upfront during the year of entry).
II. Criminal clearance
Practitioner members must demonstrate that they have not been involved in financial crimes, crimes relating to dishonesty or be guilty of professional misconduct. In order to satisfy these requirements, members must make an annual declaration of the following:
These declarations must cover a period of five years preceding the year of declaration. These declarations are made upon joining SAIT and for each year thereafter while a person is a member. These requirements stem from section 240 of the Tax Administration Act.
III. Tax clearance
Practitioner members must demonstrate that their personal affairs are in order in terms of tax. Members have traditionally been required to obtain a tax clearance certificate demonstrating that his or her affairs are in order.
If deviations arise, these deviations will not prevent or undermine membership if the member can demonstrate that the deviation stems from a clerical error, refunds potentially owed by SARS or genuine dispute or the amounts owed by the taxpayer at issue are of little consequence.
This review of a members tax affairs must be made upon joining SAIT and for each year thereafter while a member of SAIT.
In 2016, SARS introduced the “My Compliance” system. This system can be checked on a continuous basis. Given this new system, SAIT will either rely on an electronic tax clearance or check tax status via the “My Compliance” system (if in possession of the My Compliance PIN).
IV. Continuous professional development
Members must demonstrate a commitment to maintaining their skills by regularly involving themselves in continuous professional development. This requirement must be satisfied annually upon the close of each calendar year in which the person is a member of SAIT. These requirements are described in detail in the “CPD Policy Guide”. The amount of annual CPD depends on the member’s work classification.
V. Work classifications and annual maintenance criteria
In addition to levels of expertise (“master”, “general” and “technician”), SAIT membership is broken down into work classifications because membership interests in SAIT differs depending on the work performed. These work classifications are important for determining annual maintenance criteria. Certain work experiences carry more maintenance requirements than others depending in part on SARS regulation and external fiduciary obligations.
Annual maintenance requirements fall into three groupings. Practitioners registered with SARS generally carry the highest level of maintenance criteria. Other professionals carry a more modest level of maintenance criteria. Companies and non-practising members carry the lowest standards of governance.
Tax Practitioners Registered with SARS
Members who have a “practitioner register” number with SARS are subject to the highest level of annual criteria (if listed with SARS via SAIT). These members are subject to the following annual requirements:
Tax advisors, Tax Lawyers, Tax Practitioner Affiliates, Government Tax Officials and Tax Academics
Tax advisors (external and in-house), government tax officials and tax academics fall under a reduced level of annual maintenance criteria because these members are not regulated by SARS. Practitioners listed with SARS via another professional body (including tax lawyers) are subject to a lower level of SAIT requirements because these members are subject to additional requirements from the other body (i.e. criminal and tax clearances plus additional CPD). These members are subject to the following annual requirements:
Corporate sector members and non-practicing members
Corporate entities are not subject to any annual maintenance requirements. As juristic entities, this form of membership comes without designation so no maintenance criteria is required. Non-practising members (typically retired) are also free from any maintenance criteria.
Foreign Tax Professionals
This form of membership is available for persons of foreign origin (mainly working abroad or only temporarily within South Africa). The criteria for these members is based on the member’s circumstances and objectives.