S.Africa 2001 – Sars has jumped the gun, says Khoza’s lawyer
Sars has jumped the gun, says Khoza’s lawyer
The lawyer representing Irvin Khoza, the Orlando Pirates soccer boss, on Sunday accused the South African Revenue ServiceThe South African Revenue Service (SARS) is the official tax authority responsible for the administration and enforcement of tax laws in South Africa. It plays a crucial role in managing the country’s fiscal policy by collecting revenue, administering customs, and ensuring compliance with tax legislation. Established under the South African Revenue Service Act, No. 34 of 1997, SARS functions independently... (SarsThe South African Revenue Service (SARS) is the official tax authority responsible for the administration and enforcement of tax laws in South Africa. It plays a crucial role in managing the country’s fiscal policy by collecting revenue, administering customs, and ensuring compliance with tax legislation. Established under the South African Revenue Service Act, No. 34 of 1997, SARS functions independently...) of violating his client’s rights by divulging details of an agreement reached with him.
Khoza, who is the chairman of the Orlando Pirates soccer club, was arrested earlier this month for alleged possession of an unlicensed firearm and ammunition during a raid on his Diepkloof, Soweto home by SarsThe South African Revenue Service (SARS) is the official tax authority responsible for the administration and enforcement of tax laws in South Africa. It plays a crucial role in managing the country’s fiscal policy by collecting revenue, administering customs, and ensuring compliance with tax legislation. Established under the South African Revenue Service Act, No. 34 of 1997, SARS functions independently... officials.
It has been reported that criminal charges were also being investigated by the police regarding alleged tax evasionTax Evasion refers to illegal activities or practices undertaken by individuals or businesses to avoid paying taxes. It involves intentionally misrepresenting or concealing income, inflating deductions, or underreporting earnings to reduce tax liability unlawfully. Unlike tax avoidance, which uses legal methods to minimize tax obligations, tax evasion is a criminal offence that carries significant penalties, including fines, imprisonment, and asset... amounting to R66-million.
In a statement released in Johannesburg, Erasmus said SarsThe South African Revenue Service (SARS) is the official tax authority responsible for the administration and enforcement of tax laws in South Africa. It plays a crucial role in managing the country’s fiscal policy by collecting revenue, administering customs, and ensuring compliance with tax legislation. Established under the South African Revenue Service Act, No. 34 of 1997, SARS functions independently... was creating the impression that Khoza was guilty, even before the investigation into his tax matters have been completed.
“Our view is that before any fingers are pointed, the investigation will need to be completed.
“We are very disappointed, once again, in the Commissioner’s action in divulging full details of the agreement, which were confidential.”
Daniel Erasmus said they had to reach an agreement with SarsThe South African Revenue Service (SARS) is the official tax authority responsible for the administration and enforcement of tax laws in South Africa. It plays a crucial role in managing the country’s fiscal policy by collecting revenue, administering customs, and ensuring compliance with tax legislation. Established under the South African Revenue Service Act, No. 34 of 1997, SARS functions independently... to get them to “back down from their aggressive and accusatory position and to prevent them from abusing their extensive powers in a routine tax investigation”.
Speaking on SABC’s Newsmaker programme on Sunday, Gordhan said the “gentleperson’s agreement” entered into with Khoza merely spelt out the procedures that would be followed during the investigation.
The agreement, which was a common practice in such cases, allowed the authorities to work in a more co-operative manner.
“It creates the right climate,” he said.
In terms of the agreement, Khoza would be expected to fully co-operate with the tax investigators’ probe, which should be completed within 90 days.
This was the first step in the process; the others being calculating his tax liabilityTax liability represents the total amount of tax owed by an individual or business to a tax authority, whether local, national, or international. This obligation arises through various forms of income, profits, or transactions subject to taxation laws and regulations. Understanding tax liability is essential for compliance and efficient financial management for corporations and individuals. It influences how businesses structure... and then deciding on whether criminal procedures would follow.
Gordhan said the tax authorities had followed a lengthy process before approaching a judge to issue an order to search and seize.
As in usual cases, SarsThe South African Revenue Service (SARS) is the official tax authority responsible for the administration and enforcement of tax laws in South Africa. It plays a crucial role in managing the country’s fiscal policy by collecting revenue, administering customs, and ensuring compliance with tax legislation. Established under the South African Revenue Service Act, No. 34 of 1997, SARS functions independently... would make numerous requests for information and if all attempts failed, the authorities would issue a permission for inquiry.
Regarding a claim by Khoza that he did not owe the taxman any money, Gordhan said: “If you owe me nothing, I don’t see any reason to be at your door.”
Erasmus also criticised SarsThe South African Revenue Service (SARS) is the official tax authority responsible for the administration and enforcement of tax laws in South Africa. It plays a crucial role in managing the country’s fiscal policy by collecting revenue, administering customs, and ensuring compliance with tax legislation. Established under the South African Revenue Service Act, No. 34 of 1997, SARS functions independently... officials for calling in the police during the raid.
They had got no clear answer to their complaint about a leak of information to the police and the media, Erasmus said.
“We appreciate and respect the powers of SarsThe South African Revenue Service (SARS) is the official tax authority responsible for the administration and enforcement of tax laws in South Africa. It plays a crucial role in managing the country’s fiscal policy by collecting revenue, administering customs, and ensuring compliance with tax legislation. Established under the South African Revenue Service Act, No. 34 of 1997, SARS functions independently..., but these should be used with consideration for the taxpayer’s rights and the preservation of secrecy.”
At a media conference in Pretoria on Saturday, police commissioner Jackie Selebi said SarsThe South African Revenue Service (SARS) is the official tax authority responsible for the administration and enforcement of tax laws in South Africa. It plays a crucial role in managing the country’s fiscal policy by collecting revenue, administering customs, and ensuring compliance with tax legislation. Established under the South African Revenue Service Act, No. 34 of 1997, SARS functions independently... officials had alerted the police when they found a .303 rifle and ammunition in Khoza’s house.
Selebi denied that SarsThe South African Revenue Service (SARS) is the official tax authority responsible for the administration and enforcement of tax laws in South Africa. It plays a crucial role in managing the country’s fiscal policy by collecting revenue, administering customs, and ensuring compliance with tax legislation. Established under the South African Revenue Service Act, No. 34 of 1997, SARS functions independently... officials were in breach of the confidentiality clause of the Income TaxIncome Tax is a direct levy imposed by governments on the income generated by individuals, corporations, and other entities within a specific jurisdiction. It serves as a major source of revenue for governments and funds various public expenditures, such as infrastructure projects, healthcare, education, national security, and welfare programs. The tax is generally calculated as a percentage of the taxable... Act when they alerted the police about the firearm and ammunition in Khoza’s house.
“Every citizen is obliged to report crime to the police.” – Sapa
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