Welcome to tax year 1984. Okay, we’re not in the clutches of George Orwell’s totalitarian, brainwashed society just yet. But, for South African taxpayers, his novel’s depiction of mass surveillance by the state is approaching like a speeding bullet.
“Sars isn’t just using AI to become more automated or efficient, but to crack open the private financial affairs of taxpayers and with startling efficiency,” says Thomas Lobban, Legal Specialist at Latita Africa.
Anyone hiding their undeclared wealth within digital coffers will find refuge in them no more. The canary in the coal mine has died. It’s time to come clean-or face the consequences.
Enforcement for everyone
Sars has been promising stricter enforcement for years. With increasing frequency, they’ve started demonstrating how true to their word they keep, tightening the net on non-compliant taxpayers across the spectrum.
Won or lost, Sars’ court battles with big names like South African Breweries, Coronation Fund Managers, and Sasol, among others, have been splashed all over the media. And the exposure of tax and VAT fraud worth millions has put perpetrators in prison, with Sars bearing its sharp teeth more than ever.
However, it’s not just big business and kingpins who need to worry. Now, we’re seeing Sars hold directors personally liable for their company’s tax debt. Or, it’s infiltrating bank accounts to check why taxpayers’ deposits add up to more than their declared income. Need proof? See exhibit A and exhibit B below:
Sars AI and vision for the future
“Sars doesn’t necessarily have the auditing workforce to review such huge volumes of data, suggesting that it's flexing its AI and machine learning capabilities to get the job done,” says Lobban.
Don’t think for a minute that Sars is just fiddling with AI. It’s wrong to underestimate the predator hunting you.
Speaking recently at a Public Economics Forum, Commissioner Edward Kieswetter revealed Sars had used AI to detect over R10 billion in invalid refunds, and could now complete an assessment in under seven seconds.
These processes depend very much on access to third-party data that is becoming more readily available to Sars every year - probably even more so in the future. For example, Sars has been making big strides towards the digitalisation of VAT (think “e-invoicing”).
Kieswetter said Sars strongly advocates a unique digital identity for every individual and business that could expose, for example, those double dipping into the social grant system and tax rebates. This sentiment was again echoed by the Sars Commissioner at the 2024 Annual Tax Indaba hosted by the South African Institute of Taxation in September.
Imagine all your financial activities being branded to identify you as the sole actor behind them. Perfectly traceable, bundled, ordered, and analysed by AI to reveal not just what you earn but how you live … and what you’re hiding.
Such a future is approaching rapidly, with Sars showing no sign of slowing down. And its cascading successes in this regard only serve to add more fuel to the fire.
Voluntary disclosure or bust
For those with hidden wealth, the best way out may be through Sars’ voluntary disclosure programme (VDP) – and the sooner the better. The VDP is an amnesty that allows taxpayers to come clean about undeclared income, avoid criminal liability, and have penalties either scrapped or substantially reduced.
It’s not a free pass, though, as the outstanding tax and interest often needs to be paid over to Sars within one week after the process has been completed. In addition, it’s typically an invasive process that demands complete transparency, documented proof, and a verifiable explanation for the behaviour behind the non-compliance.
For these reasons, it might be tempting to enter a wait-and-see pattern, but that’s just exacerbating the problem. When Sars eventually does raise an adverse finding, or even just notifies you of an impending or potential audit, VDP will be off the table and criminal charges could potentially apply. And while you wait, the interest compounds uncapped, making settlement even more difficult as time goes by.
Tax and legal assistance
It’s best to approach a tax legal expert with strong experience in Sars’ VDP and internal systems as soon as possible. A tax legal specialist firm should offer complete client confidentiality and can walk you through the process before you ever approach Sars. They’ll also help you calculate your tax liability beforehand and set out a full roadmap towards compliance, making it clear how you should proceed.
That way, you’ll gain valuable time to plan how you’ll raise funds to pay the tax debt. This is critical as payment plans and debt reduction are severely limited in the context of a VDP. In the recent case of Commissioner for Sars v Medtronic International Trading S.A.R.L. 86 SATC 158, the Supreme Court of Appeal confirmed that a taxpayer cannot have their “bread buttered on both sides” by obtaining a remission of interest after successfully concluding a VDP application
Can’t run, can’t hide
With Sars exploiting AI and third-party data like never before, there’s little chance of hiding undeclared wealth for much longer. So, it’s time for taxpayers to take the plunge and get their house in order.
“The evidence that Sars is serious about enforcement is there for anyone to see, so delaying the inevitable is just courting disaster,” says Lobban.
PERSONAL FINANCE