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Vat vendors: Be aware of the different types of tax assessments
Vat vendors: Be aware of the different types of tax assessments

The Citizen

time6 days ago

  • Business
  • The Citizen

Vat vendors: Be aware of the different types of tax assessments

And understand the correct procedures should a dispute with Sars arise. Taxpayers are advised to deal with estimated assessments before they become additional assessments. Picture: AdobeStock The South African Revenue Service (Sars) was granted additional powers to implement the estimated assessment functionality where value-added tax (Vat) vendors do not adhere to the provisions of the Tax Administration Act. As a result, there has been a significant increase over the past two years in Vat estimated assessments where taxpayers have failed to submit returns, provided inadequate information, or failed to adequately respond to requests for relevant material. According to Ayanda Masina, indirect tax manager at Deloitte Africa, it is important to respond timeously when confronted with an estimated assessment. 'It is crucial to keep meticulous records of transactions included in the Vat return and to confirm that information and documentation requests from Sars are fully responded to.' It may be prudent to request reasons for an assessment issued or to follow up with Sars on all correspondence submitted, Masina advises in a statement. Her advice follows recent concerns expressed by Nico Theron, founder of Unicus Tax Specialists, about the potential abuse of estimated assessments where they are issued as a 'cash-cow-grabbing norm' instead of being used as a last resort for non-compliant taxpayers. Theron questioned how many estimated assessments are being raised not as a last resort to protect the fiscus, but because it is effective and convenient to do so. ALSO READ: Woolworths vindicated over VAT treatment Types of assessments Masina says most taxpayers may not know that there are four types of assessments for tax, namely: Original assessments Additional assessments Reduced assessments, and Jeopardy assessments. All of these can be based on an estimate. 'Estimated assessments, like additional assessments, are pivotal in the administration of Vat,' she adds. Theron says there is a need for the provision that allows Sars to issue estimated assessments (Section 95 of the Tax Administration Act). 'It is not inconceivable that a taxpayer may obstruct an auditor from timeously raising an assessment by providing incorrect or inadequate information.' Masina says taxpayers need to understand the procedure when dealing with estimated assessments before they become additional assessments. ALSO READ: Sars beats expectations by collecting R1.855 trillion in 2024/25 tax year Equally important is to follow the correct procedure when disputes arise. As with additional assessments, the obligation to provide information requested by Sars remains in the case of a Vat estimated assessment. The taxpayer may request Sars to suspend payment until the issue is resolved. Sars must, upon request from the taxpayer, provide the reasons or grounds for the assessment. 'However, unlike an additional assessment which is subject to objection and appeal once issued, an estimated assessment is only subject to objection and appeal if Sars decides not to make a reduced or additional assessment after the taxpayer submits the return or accurate and relevant material.' ALSO READ: Sars to issue estimated vat assessments for non-compliant taxpayers Reduced or adjusted estimates Taxpayers can request Sars to reduce or adjust the estimated assessment before the assessment becomes final. They must submit the relevant or correct information requested by Sars within 40 business days from the date of the estimated assessment. They can also request a longer period beyond the 40 days. Masina says Sars can issue an additional assessment reducing or adjusting the estimated assessment and, where the taxpayer is satisfied with the outcome, the additional assessment will stand. ALSO READ: Taxpayer trust in Sars stagnates Dispute resolution Sars can also decide not to revise the estimated assessment, and the decision will serve as the date of the additional assessment. This sets the normal dispute resolution process in motion, allowing the taxpayer to object against the assessment. 'Although this process seems straightforward, the reality is that the communication between Sars and taxpayers does not always yield the desired results because the set rules are not followed,' Masina warns. Theron notes that estimated assessments should only be raised as a last resort and not simply if the taxpayer failed to file a return, failed to respond to multiple requests, or submits information or a return that is inadequate or incorrect. The fact that a taxpayer does not respond to multiple requests for relevant material does not mean the assessment is only possible by way of a guess. 'Sars has far-reaching powers to get accurate and adequate information elsewhere which it might need to raise an accurate assessment,' says Theron. This article was republished from Moneyweb. Read the original here.

Estimated assessments: Sars's new ‘cash-cow-grabbing' norm?
Estimated assessments: Sars's new ‘cash-cow-grabbing' norm?

The Citizen

time22-07-2025

  • Business
  • The Citizen

Estimated assessments: Sars's new ‘cash-cow-grabbing' norm?

Provision in the Tax Administration Act may be subject to abuse. Sars often prepares these estimates 'by comparing deposits into a bank account to turnover declared on the tax return'. Picture: AdobeStock The South African Revenue Service (Sars) has the power to raise estimated assessments when the information supplied by a taxpayer is considered incorrect or inadequate. The apparent subjectivity of the parameters used when issuing estimated assessments make the provision subject to abuse, argues Nico Theron, founder of Unicus Tax Specialists. The Tax Administration Act authorises Sars to issue an estimated assessment if a taxpayer fails to submit a return; submits a return or relevant material that is incorrect or inadequate; or fails to respond to requests for relevant material, even after multiple reminders. If any of these requirements is unmet, Sars may issue an estimated assessment, which is then based on its own calculations of the taxpayer's liability, says MaxProf auditor Debora Motana in a published article. ALSO READ: Are you making money with crypto assets? Sars is looking for you Troubling … Theron finds the subjective nature of the parameters for inaccurate returns or information or inadequate returns or information troublesome. 'If, for example, the taxpayer submits detailed information, but the Sars auditor does not understand it, is the information inaccurate? Perhaps not. Is it inadequate? Well, perhaps, for that auditor but perhaps not for the next one.' He says hypothetically the provision can be relied on when an accurate assessment is objectively speaking possible – but subjectively, the auditor may be snowed under or lack the expertise to get to an accurate assessment and revert to an easy way out, thereby shifting the workload to the taxpayer. ALSO READ: Economists say they are confident in Sars Methodology Theron notes that Sars often prepares these estimates by comparing deposits into a corporate taxpayer's bank account to turnover declared on the tax return. 'If the deposits are higher, they will typically propose to tax the difference. They will propose this even though it is trite that the sum of deposits in a bank account will seldomly yield the same number as turnover. 'This much, frankly, is ridiculously obvious to anybody with a basic understanding of commerce and accounting.' When Sars estimates a taxpayer's tax bill by comparing bank statements to turnover, the onus is on the taxpayer to prove – on a deposit-by-deposit basis – why the difference is not taxable. Theron argues that accurate assessments are to be preferred and that estimated assessments should only be raised as a last resort and not simply if the taxpayer failed to file a return, failed to respond to multiple requests, or submits information or a return that is inadequate or incorrect. Motana warns taxpayers to be vigilant in adhering to the requirements outlined in the provision (Section 95 of the act) that grants the power to Sars to make an estimated assessment. She also notes that the onus is on the taxpayer to demonstrate whether the assessment is valid or needs adjustment. ALSO READ: Tax season now open: Sars pays out R10bn in refunds after auto-assessments, you could be owed Court case Motana refers to an appeal case before the tax court in Johannesburg where Taxpayer RPC took an estimated assessment on appeal. It was not satisfied with the methodology used by Sars in determining the assessments. In its judgment in favour of Sars's methodology, the court quoted from the Africa Cash & Carry v Sars case where the tax court stated that an estimated assessment 'by its very nature' is subject to change based on an evaluation of the evidence and any information that becomes available. The tax court must place itself in the shoes of the functionary to determine whether the methodology followed and the assumptions on which the estimated assessments are based, are reasonable and produce a reasonable result. In the Taxpayer RPC case the court found that the methodology used by Sars is not expected to be precise, as long it satisfies the objective test. ALSO READ: Looming tax deadline and glitches cause frustration 'Cash-cow-grabbing norm' Theron says an organ of state such as Sars must act within the four corners of its empowering provisions. He questions whether the raising of estimated assessments is used as a last resort to protect the fiscus or whether it is used because it is effective and convenient. 'I can understand, from a business perspective, that estimated assessments might be used as cash-cow-grabbing norm. Indeed, we are seeing an increase in estimated assessments.' * Sars announced last week that it has issued auto-assessments to 5.8 million taxpayers, up from five million last year. Taxpayers have from 21 July until 20 October to file their tax returns or make changes to their auto-assessments. Provisional taxpayers have until 19 January to file their tax returns. This article was republished from Moneyweb. Read the original here.

US sends child rapist and violent offenders to Eswatini: Should SA be worried?
US sends child rapist and violent offenders to Eswatini: Should SA be worried?

The Citizen

time19-07-2025

  • Politics
  • The Citizen

US sends child rapist and violent offenders to Eswatini: Should SA be worried?

US sends child rapist and violent offenders to Eswatini: Should SA be worried? The US this week deported five hardened criminals to Eswatini under a 'safe third-country deportation' policy, a decision that has sparked significant concern within international diplomatic circles. The five men, from Vietnam, Jamaica, Laos, Cuba and Yemen, are incarcerated for serious crimes ranging from child rape to murder, battery of a police officer and grand theft auto. Tricia McLaughlin, US assistant secretary of the Department of Homeland Security, posted on X, describing the men as 'so uniquely barbaric that their home countries refused to take them back'. NEW: a safe third country deportation flight to Eswatini in Southern Africa has landed— This flight took individuals so uniquely barbaric that their home countries refused to take them back. These depraved monsters have been terrorizing American communities but thanks to @POTUS… — Tricia McLaughlin (@TriciaOhio) July 16, 2025 Eswatini has confirmed that the men have arrived in the country and that they are being kept at correctional facilities. 'Government has, however, acknowledged the security concerns of emaSwati, further confirming that indeed, the five prisoners are in the country and are housed in correctional facilities within isolated units, 'where similar offenders are kept',' the Eswatini government posted on X. Government has assured emaSwati that the arrival of five third-country deportees from the United States of America poses no security threat to the Nation. — Eswatini Government (@EswatiniGovern1) July 16, 2025 Caxton Local Media approached Dr Sonja Theron, a lecturer in security studies at the Department of Political Sciences at the University of Pretoria, to provide context and assess the possible impact of the deportation on South Africa. What is a safe third-country deportation? Theron explains that a safe third-country deportation refers to the practice of a deporting country, in this case the US, sending a deportee to a 'third' country instead of their country of citizenship. 'This usually occurs either when the country of citizenship refuses to co-operate with the deportation of the citizen, or when the country of citizenship is not safe for the deportee to return to. 'The word 'safe' is meant to indicate that the 'third country' is safe for the deportee, usually meaning that the deportee will not be killed, face torture or encounter other grave human rights violations,' says Theron. Could Eswatini say no? Theron says that, in principle, Eswatini had a choice in accepting the men as no country can be forced to take in deportees. 'However, the power dynamics between a country like the US and Eswatini are important to consider. The US holds much more bargaining power and can compel a country to accept deportees using economic and political incentives or threats.' She says messaging from the Nigerian government has suggested that the US has been pressuring a variety of African countries to accept deportees, using this strategy. Why would Eswatini agree to the deportation? According to Theron, it is likely that a bargain was struck between Eswatini and the US. 'This could involve promises of reduced tariffs or threatening Eswatini with increased tariffs, promises to cut or increase aid, or any number of political and economic incentives. Unfortunately, in this case, the details of the deal have not been released.' Is this a security threat for South Africa? Several South African towns and communities, including Barberton, Mkhondo and Pongola, closely border Eswatini. This raises the question of whether South Africans should be worried about the deportation. Theron says relative to the many security threats faced by South Africa, this is not significant enough to warrant panic or widespread fear. However, if this becomes a pattern, with massive numbers of deportees being sent to Eswatini, it would require more attention. 'What is more concerning is that this is further evidence of the current US administration's trend towards intimidation rather than co-operation when dealing with the African continent. African states need to ensure they maintain their agency when working with the US.' Is safe third-country deportation a common practice? According to Theron, this kind of deportation is rare. 'Only a handful of countries have practised or tried to practise this, and it almost always comes hand in hand with controversy.' She says other notable examples include the UK's scheme to send asylum seekers to Rwanda, which was cancelled, and Australia's practice of housing asylum seekers in offshore detention facilities. How is this kind of deportation viewed in the international relations and law realm? Theron explains that international law primarily deals with this in the context of asylum seekers (which is different from the Eswatini case). 'In this situation, 'refoulement', which entails returning a refugee to a country where they could be killed or persecuted, is prohibited. Therefore, as long as the 'third country' is considered safe, it is legal. Safety, however, is relative and legally open to interpretation.' She says the deportation of prisoners, as in the case in Eswatini, is mostly a bilateral agreement that is governed by the laws of the two countries involved. 'Both cases are generally frowned upon and generate criticism for a variety of reasons. In practice, safe third-country deportation of asylum seekers often results in refugees being held in poor, often inhumane, conditions for extended periods (as seen in the controversy around Australia's offshore immigration facilities).' She says in the case of the deportation of prisoners, both the possibility of human rights violations of the prisoners and the impact on the receiving country have raised concerns. Breaking news at your fingertips… Follow Caxton Network News on Facebook and join our WhatsApp channel. Nuus wat saakmaak. Volg Caxton Netwerk-nuus op Facebook en sluit aan by ons WhatsApp-kanaal. Read original story on At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!

Charlize Theron calls out Hollywood for avoiding the ‘risk' of female-led action films
Charlize Theron calls out Hollywood for avoiding the ‘risk' of female-led action films

Time of India

time13-07-2025

  • Entertainment
  • Time of India

Charlize Theron calls out Hollywood for avoiding the ‘risk' of female-led action films

Charlize Theron , the Oscar-winning actress, has spoken against the gender gap that still exists in Hollywood, especially in the action genre. Despite her achievements in the genre, she criticized the industry for being reluctant to approve action movies with female leads. In a recent interview with The New York Times, Theron and fellow actress Uma Thurman openly discussed the challenges women face in action films while promoting their upcoming Netflix sequel, The Old Guard 2. During the conversation, Theron candidly talked about the difficulties women encounter when fighting for lead roles in action-packed blockbusters. Theron stated bluntly, "Yeah, it's harder. That's known. Action films with female leads don't get green-lit as much as the ones with male leads.' She underlined how, in spite of proof that female-led films can be both critically and commercially successful, the film industry continues to view male-driven action films as a safer investment. Additionally, Theron drew attention to the industry's double standards, which allow male actors to get away with box office failures more easily than female actors. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Brain tumor has left my son feeling miserable; please help! Donate For Health Donate Now Undo 'I think the thing that always frustrates me is the fact that guys will get a free ride,' she said further adding, 'If a guy does a movie that bombs, he'll get another chance. But a woman has to constantly prove herself.' Theron has previously addressed the issue of gender inequality in Hollywood. She has been a vocal supporter of equal representation throughout her career and has starred in popular action movies like The Old Guard, Mad Max: Fury Road, and Atomic Blonde. However, she did observe that systemic bias is still a major obstacle. Later this year, The Old Guard 2 will be available on Netflix. Theron hopes that the audience's continued support will encourage studios to take more risks with action movies starring women. 'We've proved it works,' she stated. 'Now it's time for the industry to catch up.'

Charlize Theron calls out Hollywood for not taking ‘risk' on female hero action films
Charlize Theron calls out Hollywood for not taking ‘risk' on female hero action films

New York Post

time13-07-2025

  • Entertainment
  • New York Post

Charlize Theron calls out Hollywood for not taking ‘risk' on female hero action films

Actress Charlize Theron criticized the film industry for being reluctant to support female-led action films, in a new interview with The New York Times. Theron and fellow actress Uma Thurman spoke to the outlet about the challenges women face in the genre as they promote their new Netflix superhero sequel, 'The Old Guard 2.' Theron said that securing the lead roles in action films is more challenging for women because Hollywood viewed these films as more of a risk. 'Yeah, it's harder,' Theron said. 'That's known. Action films with female leads don't get green-lit as much as the ones with male leads. I think the thing that always frustrates me is the fact that guys will get a free ride.' The Oscar-winning actress suggested there was a double standard in Hollywood. Theron claimed that when male actors star in films that flop at the box office, they are often given a pass, while women are rarely given the same leeway. Charlize Theron attended the Charlize Theron Africa Outreach Project 2025 Block Party in Universal City, Calif. on June 28, 2025. Getty Images Theron played Furiosa in the 2015 film 'Mad Max: Fury Road.' Jasin Boland 'When women do this and the movie maybe doesn't hit fully, they don't necessarily get a chance again,' she said. 'With this, we were very aware that eyes were on us. It's not a risk that studios want to take, but they'll take it many times on the same guy who might have a string of action movies that did not do so well.' Both she and Thurman have starred in successful female-led action films. Thurman famously played an assassin in 'Kill Bill,' while Theron has taken on iconic roles in films like 'Mad Max: Fury Road' and the 'Fast & Furious' franchise.

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