They didn’t pay my tax!

Please advise. I have a registered company and my company was owing annual tax returns while I was in South Africa in 2014.

When I came back in 2015 I found that it had incurred penalties so I started paying them in installments to my company secretary.

The 2014 returns and 2015 returns as well as penalties totaled to about P2,500.

Unfortunately the company secretary’s did not pay my annual returns and used the money on their personal matters, so my company is still owing.

2016 tax returns will be due soon and 2014 and 2015 have not been settled, Its been a year and they always promising “we’ll settle it next week” but never do… What can I do, please help.

Firstly, I think you should report this issue to BURS.

It won’t help to pay your tax liabilities but it might warn BURS that these so-called company secretaries can’t be trusted.

They might also be understanding about your situation and will likely agree to a repayment schedule you can manage.

You should then write the so-called Company Secretaries a letter saying that they no longer have permission to act on your behalf and that you demand that they compensate you for any losses you have suffered as a result of their failure to honour their contractual obligations.

I suggest you tell them NOT to pay anything to BURS but to repay it to you directly so you can be sure BURS get paid.

Give them 14 days to repay you and state very clearly that you will take immediate legal action against them if they fail to do so.

On Day 15, if they fail to repay you, go immediately to the Small Claims Court with all the paperwork you have and ask for an order against them for the money you lost.

Hopefully this might encourage them to do the decent thing. If it doesn’t visit your local police station and lay a charge of obtaining by false pretense against these crooks.

That might shake them up a bit.

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