The South African Revenue Service (SARS) has warned businesses that it will
"vigorously challenge" aggressive tax structures designed to mitigate
tax, after noting a rise in corporate tax avoidance.
In a statement released Wednesday, SARS said that it has become aware of certain
transactions which are structured in such a way that "they show complete
and reckless disregard for tax morality and South African tax law".
"Through elaborate structuring, these deals seek to deliberately avoid
the tax consequences that should flow from the associated transactions thereby
robbing not only the fiscus of tax revenue, but all South Africans," the tax authority
stated.
"The South African Revenue Service gives notice that it intends to carefully
examine these transactions in order to ensure that no impermissible tax loss
occurs. The architects of certain tax aggressive structures will not be permitted
to abuse South Africa’s tax provisions in ways clearly unintended by the
legislature. They will be vigorously challenged," the statement warned.
SARS's statement struck a moral tone by suggesting that the use
of such schemes hampers efforts to alleviate poverty, and hinders the overall
development of South Africa. SARS said that it will talk to shareholders, investors
and advisors involved in certain schemes to gain a deeper understanding of
their intentions and how they square with government policy in this regard.
"The South African Revenue Service calls upon corporate leaders to take
greater responsibility to ensure that the advice that they pursue does not undermine
South Africa’s tax base and the compliance morality that we are successfully
building in the country," the service continued.
"We once again urge institutions involved in designing aggressive tax
schemes intended to abuse the law and deprive the fiscus of its fair share of
revenue to desist from such schemes. These are the activities that lead to complexity
in our tax law," it concluded.
The issue of corporate tax evasion has taken a prominent position on the South
African political agenda in recent months. Last year, South African Finance
Minister Trevor Manuel announced that tough new measures will be introduced
as part of the Revenue Laws Amendment Bill to crack down on corporate tax avoidance.
Manuel stated that a revised general anti-avoidance rule (GAAR) would target
the "most serious elements" of schemes devised purely for the avoidance
of taxation, and would be supported by an enhanced system of required reporting
known as 'reportable arrangements' to give the government an early detection
system.
"At the end of the day, these schemes cost the fiscus billions in tax
revenue – money which can be much better spent for society’s benefit
elsewhere," Manuel told parliament last year.
"The goal is to reach a state where these schemes can become 'dead on
arrival' when presented to any responsible board of directors," he concluded.