30/09/2026
A recent Tax Court judgment is a timely reminder that taxpayers remain responsible for the accuracy and completeness of their tax affairs, even when someone else prepares or submits their returns.
In Taxpayer MLC v Commissioner for the South African Revenue Service the taxpayer disputed a 150% understatement penalty after revised returns resulted in an approximately R1.38 million refund. The taxpayer argued that the revised returns had been submitted using her eFiling credentials without her authorisation. The Court ultimately upheld the penalty, finding that SARS had established intentional tax evasion on a balance of probabilities.
The case highlights several practical lessons for taxpayers:
1. Your return remains your responsibility.
Taxpayers should understand what is being declared in their returns, verify that information is accurate and ensure that deductions, credits and expenses are properly supported.
2. Professional assistance matters, but so does oversight.
Tax legislation can be complex, particularly for taxpayers with multiple income sources, businesses or transactions with significant tax consequences. A registered tax practitioner can help taxpayers navigate these obligations, while taxpayers should remain actively involved in their own affairs.
3. Protect your eFiling profile.
Login credentials, passwords and OTPs should never be shared with unauthorised persons. Taxpayers should also regularly monitor their eFiling profiles and ensure that their contact details and banking information remain up to date.
4. Keep the evidence.
Accurate returns must be supported by appropriate records. Taxpayers should retain returns, assessments, SARS correspondence, invoices, receipts, bank records and other documentation relevant to their tax affairs.
There is also an important professional lesson, taxpayers should verify that anyone they engage to provide tax services is properly registered. Registered tax practitioners are subject to professional and regulatory requirements and can be held accountable through SARS and their Recognised Controlling Body.
Tax compliance is more than meeting a deadline. It is about accurate disclosure, proper records, secure digital access and informed professional assistance.
Before engaging a tax practitioner, verify their registration on the SAIT Practitioner Directory here: https://thesait.org.za/practitioner-directory/.
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