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.
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