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SARS Tax Practitioner Unit: Representative Taxpayer
- 31 July 2023
- Accounting
- South African Accounting Academy
A registered representative is regarded as a person who is appointed with full rights to act on behalf of another legal entity (e.g. Companies, Trusts, etc.), often accepted to be Public Officers, Accounting Officers, or administrators, etc. in the past.
The Tax Practitioner Unit has received an instruction from head office that they may only appoint a director as listed on the CIPC full disclosure as the Registered Representative Taxpayer from now on.
Therefore, even if you have a resolution appointing the financial manager of the company as the Registered Representative Taxpayer, they will not be allowed to do so. It has to be a director as listed.
Click here to access more information:
Relevance to Auditors, Independent Reviewers & Accountants:
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The Income Tax Act is yet another piece of legislation that your clients must comply with, and which you must assess compliance with. If they don’t comply with the relevant laws and regulations, you have certain reporting obligations in terms of NOCLAR (NOn-Compliance with Laws And Regulations) – this could include reporting to management, qualifying your audit opinion, reporting a Reportable Irregularity, etc.
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As an auditor, independent reviewer, accountant and tax practitioner, you need to consider that the correct person is registered with SARS as the Representative Taxpayer.
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Tax practitioners play a critical role in bridging the gap between taxpayers and SARS. As legislation, regulations and tax law are continuously changing and evolving, it is of utmost importance for companies and tax practitioners to keep abreast of such changes in so that companies continue to meet their tax obligations.
Relevance to Your Clients:
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An entity (company or close corporation) has a duty to comply with the Income Tax Act, and directors have to fulfill their duties accordingly, otherwise they could be held liable.
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As legislation, regulations and tax law are continuously changing and evolving, it is of utmost importance for companies to continue to meet their tax obligations.