Advisory notice to Legal practitioners on giving tax advice

28 May 2021
South African Accounting Academy

The LPC has again met with representatives of the S A Revenue Service (“SARS”), at the request of SARS, to discuss the implications of the Tax Administration Act of 2011 (“the Act”) for the Council and tax practitioners.

Since the previous Advisory, the Act has been amended to provide that the Council is a recognised controlling body. There are also other such bodies, such as the Independent Regulatory Board for Auditors (IRBA).

As the Council is now a recognised controlling body it is obliged in terms of section 240A(3) of the Act to submit to SARS a list of legal practitioners who are tax practitioners, in terms of section 240(1) of the Act. SARS will then compare this with its own database of tax practitioners.

All legal practitioners are urged to acquaint themselves with the provisions of the Act and to ensure that they are appropriately registered, with both SARS and the Council, if they provide advice of the nature referred to in paragraph 3 in the notice, which is very wide, unless the advice is exempted under paragraph 4 in this notice.

Click here to download the Advisory Notice:

https://drive.google.com/file/d/1aUZFIpGFfUymTcq-CX_WrDCTAw9KPEEe/view

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