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SMMEs at Risk of Criminal Prosecution for Tax Fraud, Warns Tax Expert

Small and medium-sized businesses (SMMEs) in South Africa may face legal repercussions if they attempt to defraud the government by failing to pay the required taxes, warns Lenichea Carelse, Accounting Manager at Tax Consulting SA.

This comes as the South African Revenue Service (SARS) urges SMMEs to ensure their financial records are accurate and up-to-date for Corporate Income Tax filing.

Carelse emphasized that businesses found guilty of tax-related offenses could face substantial fines, with potential prison sentences of up to two years as the maximum penalty.

SMMEs actively engaged in trade are required to pay taxes to SARS, making it crucial for business owners to adhere to tax filing deadlines.

Explaining the filing deadlines, Carelse clarified: “For incorporated SMMEs, tax returns must be filed within 12 months of the end of their financial year. Provisional tax must be filed in three periods: six months after the year-end, at year-end, and six months following the year-end.”

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For sole proprietors and partnerships, the filing period for non-provisional taxpayers usually runs from July to November, with provisional taxpayers having until January to file through eFiling.

While tax compliance can be challenging for business owners, Carelse noted that understanding the necessary requirements can make the process manageable.

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SARS advises SMMEs to prepare the following documents for tax filing:

  • Financial statements (income statement, balance sheet, cash flow statement)
  • Tax computation and notes
  • Supporting documents for deductions and creditors

Carelse also reminded individuals earning income from side businesses that all earnings, including freelance and salary income, are taxable. “If your total income exceeds the tax threshold, you must register as a provisional taxpayer, which requires paying taxes twice a year based on estimated income, with a final payment due after filing your return.”

Failure to meet tax obligations can result in criminal investigations, penalties, and fines for non-registration or non-compliance with tax filing requirements.

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