Third party must 'knowingly' have assisted in a dissipation to obstruct collection of tax debt-court.
The Supreme Court of Appeal (SCA) has now drawn a line in the sand between businessman Christo Wiese, his business associates and the South African Revenue Service (Sars).
It deals with a case against Wiese and former directors in which Sars is holding them personally liable for their alleged involvement in the dissipation of an asset held by Energy Africa to avoid tax.
The company had a tax debt of around R940 million, and Sars claims that its only asset, a loan account claim to the value of R217 million it held in another company, was dissipated to obstruct the collection of the tax debt due to Sars.
The case against Wiese and his former advisors and directors boils down to a provision in the Tax Administration Act (TAA) (Section 183) that can hold someone liable if they are aware of a potential tax owed to the fiscus and still dissipate assets to frustrate the debt collection.
この記事は The Citizen の July 15, 2024 版に掲載されています。
7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。
すでに購読者です ? サインイン
この記事は The Citizen の July 15, 2024 版に掲載されています。
7 日間の Magzter GOLD 無料トライアルを開始して、何千もの厳選されたプレミアム ストーリー、9,000 以上の雑誌や新聞にアクセスしてください。
すでに購読者です? サインイン
US blamed for expo row
Analysts warn exclusion could have dire consequences for SA down the line.
4900 visas for critical skills jobs
South Africa has a list of almost 150 jobs considered by the department of employment and labour (DEL) to be in short supply.
Nsfas to decentralise
Department welcomes move, plans to set up regional, satellite offices.
Lawsuits cost health billions
Investigations stop R3 billion in fraudulent claims, parliament hears.
City face Inter reunion
Manchester City are braced for their Champions League reunion with Inter Milan at the start of an expanded tournament that will be \"so tough\" for the 2023 winners.
League Cup no inconvenience
Manchester United manager Erik ten Hag insisted he still believed English football's League Cup remained a \"significant\" competition.
State of rates in Africa
Africa’s largest economies to make changes for first time in years.
RAF not about to 'implode'
»» Improvements not sustainable without legislative changes, says Letsoalo.
Can Superbalist grow?
Shein overtakes the SA retailer, while Bash is different kind of threat.
Crochet gets sex appeal
100% cotton yarn garments do not loose shape ina cold wash.