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Authored by: Ettiene Retief, Chairman of the National Tax and SARS Committee at the South African Institute of Professional Accountants
The decision by the South African Revenue Service (SARS) to re-establish its Large Business Centre (LBC) will undoubtedly ease the administrative and compliance burden of big business and high net-worth individuals. It will also enhance tax collections that have fallen sharply since the centre was dismantled in 2015 following major restructuring under the reign of suspended commissioner Tom Moyane. Under the restructured business model, currently the focus of the Nugent commission of inquiry into governance and administration at the tax agency, the LBC was systematically dismantled to “eliminate duplication and improve efficiencies”, SARS said at the time. The impact of the dismantled LBC The tax affairs of large corporates and high net-worth individuals are highly complex. Their risk profiles differ vastly from ordinary taxpayers. The potential loss to the fiscus is substantial if they are not managed properly. Before the LBC was dismantled it was responsible for the collection of more than 30% of total tax collections. This included individual income tax, corporate income tax, Value Added Tax, employee taxes, dividends tax, donations tax and royalties tax. The dismantling of the centre led to a decline in the ability of SARS to collect what was due to the fiscus. Concerns were also raised about a decline in compliance. The “one-stop-shop” for large businesses was gone, leaving multi-million-rand enterprises in the same position as ordinary taxpayers. This had a major impact on the way they had to deal with complex issues, the manner and time in which queries was solved, audits conducted, and disputes resolved. Compliance, collections and enforcement When the LBC was established in 2004 the aim was to encourage compliance, to ensure responsible enforcement and to offer specialised and sector specific expertise to large businesses. Sector specific expertise was developed in the most crucial sectors in the economy, including financial services, construction, mining and agriculture. The scope of the LBC covered listed and unlisted companies, parastatals and high net worth individuals. Expertise in highly complex tax legislation, notably transfer pricing, was developed to ensure that revenue is taxed where it is generated. The expertise in the LBC was not only in terms of the interpretation and implementation of tax legislation, but also included expert knowledge of the businesses in the different economic sectors. This assisted hugely with greater administrative knowledge, better risk-profiling in terms of audits, and better audit and dispute outcomes. The LBC ensured that there was one dedicated relationship manager which dealt with clients within specific sectors. This meant that a company raising a specific issue or query with SARS were dealing with the same individuals, who not only understood the essence of the issue, but was able to give feedback to how the matter was being dealt with. The dismantling led to much of the expertise being lost to SARS. An exodus of expertise followed the restructuring process, which was done by the consultancy firm Bain at a cost of more than R160m. Pivotal role of the LBC The announcement by Acting commissioner Mark Kingon to re-instate the LBC, as well as the Illicit Economy Team, must be welcomed. The acting commissioner said in his statement, announcing the move, that it was based on the “pivotal role” these units play in its service to large corporate taxpayers, and in fighting illicit trade in the country. SAIPA supports the move to re-establish the LBC. There is a deep understanding of the time and effort it will take to rebuild the capacity that existed before the dismantling of the units. However, this will certain increase better administrative outcomes, faster turnaround times and better compliance, audit results and dispute resolution. Although SARS has not put a timeline on when the units will be reinstituted, the fact that dedicated teams have already started the process, is encouraging. ENDS MEDIA CONTACT: Idéle Prinsloo, 082 573 9219, idele@thatpoint.co.za, www.atthatpoint.co.za For more information on SAIPA please visit: Website: www.saipa.co.za Twitter: @SAIPAcomms LinkedIn: South African institute of Professional Accountants Company Facebook: South African Institute of Professional Accountants
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The Financial Times recently reported that the Bank of England, UK’s central banking authority, had launched a probe to evaluate if KPMG worldwide will survive the fallout from its South African division’s troubles.
“Such high profile incidents are not indicative of the overall state of accounting,” insists Ragiema Thokan-Mahomed, Legal, Ethics and Compliance Executive at the South African Institute of Professional Accountants (SAIPA). “We can’t let a few deviants destroy a profession that is essentially the world’s economic foundation.” Accounting integrity stronger than ever Agreeing with SAIPA’s stance, a 2017 paper from the International Federation of Accountants (IFAC), conducted independently by the Centre for Economics and Business Research (CEBR), concluded that accountants play a central role in fighting corruption. According to Thokan-Mahomed, most accountants have a conscience and adhere to prescribed accounting standards. In fact, the latest International Ethics Standards Board for Accountants (IESBA) handbook obliges practitioners to take action when observing or even suspecting a non-compliance with laws and regulations. “Like every IFAC member, SAIPA also has a robust investigations and disciplinary structure in place to deal with offenders,” she adds. “However, we can’t monitor the integrity of millions of companies and transactions, so we need eyes on the ground. It’s time for all South Africans to get involved.” The role of professional accountants In the past, accountants’ response to NOCLAR (Non-Compliance with Laws and Regulations) was limited by client confidentiality but the introduction of sections 225 and 365 of the IESBA code removes this barrier. Now, Professional Accountants (SA) must be conscious of their role when confronted with a NOCLAR and promptly follow the IESBA procedure when identifying a means to remedy the contravention. Where a matter is not resolved effectively, they are required to report it to an appropriate authority. Accountants must further establish whistleblowing policies and procedures in their organisation for this purpose. “We want our members to be at the forefront of promoting good practice, so we encourage them to ensure that these systems are in place,” says Thokan-Mahomed. Investigation and disciplinary process Anyone can report NOCLAR to SAIPA’s legal department directly, by email or by following the complaints procedure on its website. However, the legal team require adequate information to do their job effectively. If the complaint has merit, an investigation will ensue and the SAIPA member may be visited by an assessor collate the relevant documents and inspect them for compliance with accounting standards. When a whistleblower desires anonymity, SAIPA will take on the role of the complainant. For lesser offenses, SAIPA’s Investigations Committee can levy a fine against the transgressor. However, where gross misconduct is apparent, the matter is passed to SAIPA’s Disciplinary Committee. If convicted, a member could be struck from the Institute’s membership role and their dismissal is publicised to protect the public and SAIPA’s reputation. SAIPA is currently negotiating agreements with other accounting institutes to prevent disgraced members from joining another body in South Africa or participating countries. Thokan-Mahomed says observers may become frustrated with the length of the process but notes that dues process must be followed. “Every South African has the right to justice, so evidence must be carefully cross examined and the defence, if any, must be heard. It’s time-consuming but that thoroughness ensures that justice is done.” Taking a stand SAIPA calls on all South Africans to join its ongoing battle against NOCLAR. “We have the systems in place to fight corruption,” concludes Thokan-Mahomed. “But we need information from our members and the man in the street. Together, we can win.” Sources:
MEDIA CONTACT: Idéle Prinsloo, 082 573 9219, idele@thatpoint.co.za, www.atthatpoint.co.za For more information on SAIPA please visit: Website: www.saipa.co.za Twitter: @SAIPAcomms LinkedIn: South African institute of Professional Accountants Company Facebook: South African Institute of Professional Accountants With the annual tax filing season well underway, the South African Revenue Service (SARS) seems to be pulling all the stops to get back on track and to collect taxes in an efficient and effective way, says Ettiene Retief, Chairman of the National Tax and SARS Committee at SAIPA.
The near disastrous changes to the operating model of the tax authority under the management of suspended commissioner Tom Moyane has led to a decline in tax morality and revenue collections. Acting commissioner Mark Kingon has however vowed to tweak things to collect the taxes government needs. Tweaking the model Retief says structural changes made under Moyane include the dismantling of the Large Business Centre (LBC) which focussed on large and multinational companies and high net worth individuals. These two categories of taxpayers are responsible for a large chunk of the tax revenue collected by SARS. Their tax affairs are generally complex and hold risks for the fiscus if it is not managed properly. The reasoning behind the dismantling of the LBC was the unnecessary duplication of resources. “The LBC has a clear role to play in operational efficiency and effectiveness,” says Retief. Transfer pricing practices in cross border transactions offer opportunities for base erosion and profit shifting. “Surely a transfer pricing unit that can focus at that level is a far more efficient use of resources and the management of tax risks,” says Retief. “Any large business will tell you how frustrating the process has become when dealing with complex matters with officials who do not have the experience to deal with it properly.” Retief says SAIPA fully supports the refocus on the LBC and the re-establishment of certain functionalities which will allow SARS to collect revenue in a far more efficient and effective way. The tax affairs of rich South Africans equally require specialised skills since the risks are vastly different to that of an average taxpayer. They generally have complex trust structures, deductions for venture capital company investments, loans and beneficial ownerships that requires a different set of auditing skills. Auditing capabilities Retief says there is sufficient causal evidence that there has been a deterioration of auditing efficiency. The audit of an average taxpayer is not supposed to take more than four months. “There has to be a balance between an efficient auditing process and happy taxpayers who are not unduly frustrated or disadvantaged.” Retief says SARS will have to restore the faith taxpayers had in the tax authority and how it collects taxes. Government needs to gain taxpayer’s trust in how it is spending their money. There must be a change in the ethos of the business. Taxpayers who are complaint should be respected. However, painting everyone with the same non-compliant brush serves nobody. Shorter time to file SARS has proposed a shorter filing season for non-provisional taxpayers to enable it sufficient time to complete its verification and audit processes. Filing season will close at the end of October for taxpayers who are using the electronic filing platform offered by SARS. Provisional taxpayers still have until the end of January. Retief supports the shorter filing season, saying it will lead to a natural increase in compliance and collections. ENDS MEDIA CONTACT: Idéle Prinsloo, 082 573 9219, idele@thatpoint.co.za, www.atthatpoint.co.za For more information on SAIPA please visit: Website: www.saipa.co.za Twitter: @SAIPAcomms LinkedIn: South African institute of Professional Accountants Company Facebook: South African Institute of Professional Accountants Author: Professor Rashied Small, Executive: Education and Training at SAIPA
The International Federation of Accountants (IFAC) recently released its 2017 Global Status Report which measures the progress of its members in adopting its international accounting standards. IFAC found that, although member organisations are committed to meeting their SMO’s (statement of member obligations) for each standard, the process is complex and progress is rarely quick. In fact, full implementation may take years. As the report notes, professional organisations typically share responsibility for adoption with external stakeholders like government and educational institutions. Their ability to win the cooperation of these parties is therefore vital in achieving their end. Why South Africa leads It is encouraging that South Africa has been ranked number one in implementing IFAC standards over the previous five years, except for 2017. As a member of the South African Institute of Professional Accountants (SAIPA), I can attest that the country’s status as an early adopter is due in no small part to the organisation’s focus on relationship building and collaboration. The same is true of any of the nation’s various professional accounting organisations (PAO’s). Education Adoption of IFAC standards starts in the country’s education system. Courses for accounting must meet government regulations and address the needs of industry. It is therefore appropriate that SAIPA, like most professional bodies, sits on the advisory committees at South Africa’s various universities. These panels review current curricula to evaluate if they are still relevant to industry requirements and incorporate international standards. The Institute also consults with other tertiary education providers. In addition, SAIPA works with the South African Qualifications Authority (SAQA), the Council of Higher Education and the Quality Council for Trades and Occupations. Government Government plays a key role in the adoption of IFAC standards and SAIPA’s relationship with them is extremely good and positive. The Institute has worked hard to win the right to positively influence regulation by being involved in and adding value to the legislation development process. The Institute provides representation to government in parliament on matters like tax and the Companies Act and is a member of the recognised controlling body (RCB) with SARS. Government is also entrusting professional bodies with more responsibility to ensure that regulations and standards are embraced by their members . Professional bodies A country’s regulators can greatly accelerate adoption of IFAC standards by working together towards this goal. Fortunately, the many professional bodies in South Africa maintain a good working relationship with one another. This has contributed to our success. For standards that govern the field, SAIPA is represented with each stakeholder to ensure correct interpretation and implementation of the standards. These include the Financial Reporting Technical Committee, Accounting Standards Board and Ethics Standards Board. Other countries If some of South Africa’s trade partners do not fully implement IFAC standards, this can reduce the benefits of our own adoption. To address the issue, SAIPA joined several African accounting bodies, most notably the Pan African Federation of Accountants (PAFA) and the Southern African Community Institutes of Accountant (SACIA) a sub-structure of PAFA that promotes collaboration and co-operation amongst regional PAO’s. This gives us the opportunity to help ensure standards are fully adopted across the continent. For unaffiliated countries, SAIPA has signed memorandums of understanding (MOU) with several who wish to adopt the standards but lack the guidance or resources to do so. Currently, we offer our services to seven African professional bodies to assist them with adoption and developing a curriculum of minimum competencies. Non-regulated accountants All auditors in South Africa must belong to a professional body, but not all practicing accountants. This is of concern because non-regulated practitioners are under no material obligation to adhere to IFAC standards. Through the Forum of Accounting Bodies, SAIPA is working with Treasury on new regulations to compel all accountants to join a professional body. This will give their employer or clients the assurance that they are fully compliant, being bound by our code of conduct, investigation and disciplinary processes, and continuous professional development programmes. Treasury should begin rolling out a new regulatory framework by 2020. Setting the pace In adopting IFAC’s international standards, South Africa has become a yardstick for the rest of the world. International bodies are investigating our implementation frameworks, educational curricula and professional programmes as blueprints for their own endeavours. While collaboration is the key to making adoption happen, the secret ingredient is the hard work of relationship building that makes close cooperation possible. ENDS MEDIA CONTACT: Idéle Prinsloo, 082 573 9219, idele@thatpoint.co.za, www.atthatpoint.co.za For more information on SAIPA please visit: Website: www.saipa.co.za Twitter: @SAIPAcomms LinkedIn: South African institute of Professional Accountants Company Facebook: South African Institute of Professional Accountants |
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