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BUSINESS | Compliance<br />

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provisionally and annually for<br />

income tax,<br />

monthly or bi-monthly for VAT,<br />

monthly, bi-annually and<br />

annually for employee tax,<br />

return on earnings annual<br />

returns for the Workmen's<br />

compensation fund,<br />

annual returns for CIPC<br />

yearly and bi-annual<br />

employment equity reports to<br />

the Department of labour,<br />

annual training reports to SETA<br />

for re-imbursements.<br />

All these, excluding VAT are<br />

annually assessed and require<br />

that you pay any shortfall should<br />

any arise during assessment. VAT<br />

requires you to provide proof of<br />

invoices on certain amounts<br />

claimed and that the records be<br />

kept should SARS ever wish to do<br />

a surprise audit. Complying with<br />

your tax matters enables you to<br />

easily obtain a tax clearance<br />

certicate when you need it, which<br />

is usually a requirement for due<br />

diligence.<br />

SARS even offers an option to<br />

register your company as a small<br />

business corporation or turn over<br />

tax for micro businesses to lesson<br />

your tax burden. Turnover tax for<br />

micro business is an option for<br />

those businesses with an annual<br />

turnover of R1m or less. It<br />

replaces the normal taxes and<br />

brings them under one basket.<br />

There are also tax benets if your<br />

organisation makes an annual<br />

gross income of R14m or less,<br />

SARS offers an option to register<br />

as a Small Business Corporation<br />

(SBC) which then qualies the<br />

organisation to receive tax<br />

benets aligned with SBCs. It<br />

would be wise to check if your<br />

organisation qualies for these<br />

benets. SBC benets don’t apply<br />

to a Sole Proprietary or<br />

Partnership by Turnover tax does<br />

which comes with its own benets.<br />

You are required to have a BEE<br />

certicate which identies the level<br />

your organization is within. All this<br />

helps the organization in applying<br />

for tenders or doing business with<br />

other companies. The BEE<br />

accrediting rms will do a<br />

verication process which will<br />

require you to supply them with<br />

any information they require.<br />

CIPC annual returns are to ensure<br />

that your business is in operation<br />

or active, if returns are not done<br />

CIPC will deregister your<br />

company.<br />

The 2008 global nancial crises<br />

raised a lot of ags and some<br />

conditions were put in place to<br />

avoid such risks in future.<br />

Companies are to have a risk<br />

management strategy in place<br />

especially if working with a lot of<br />

projects and/or handling third<br />

party nances. Generally, every<br />

company should have a risk<br />

management strategy in place to<br />

lower the impact any liability may<br />

have on the organisation due to<br />

risk incurred. Implement a<br />

delegation of authority to combat<br />

fraudulent and irregular activities,<br />

and generally comply with<br />

corporate governance policies.<br />

Though depending on your public<br />

interest score (PIS), you are<br />

required to keep a set of<br />

accounting records and prepare<br />

annual nancial statements.<br />

Accounting records are to be kept<br />

even if PIS is lower than 500 for<br />

proper nancial management.<br />

You are to perform a liquidity and<br />

solvency test before you make<br />

distributions.<br />

It is important to know and<br />

understand compliance matters<br />

that are aligned with your form of<br />

entity and the kind of<br />

complications non-compliance<br />

will rise. A lot of organizations<br />

nd themselves stuck with a huge<br />

tax bill if they do not manage<br />

their tax matters, and SARS can<br />

easily take them to the cleaners to<br />

recover that which is owed. The<br />

re-registration process costs<br />

money and time, and can cause<br />

you to lose business if your<br />

business is found to be inactive<br />

according to CIPC records. There<br />

are also liabilities that can be<br />

attached to either individuals or<br />

companies if rules and<br />

regulations are not followed as<br />

stipulated in legislations, and if<br />

there is no risk management<br />

strategy in place. This can be very<br />

costly to the organisation<br />

depending on the liability<br />

You can either hire a compliance<br />

ofcer to ensure all compliance<br />

functions are adhered to, or<br />

outsource the function. It is a vital<br />

function of your business. It needs<br />

to be assigned as a role in order<br />

to keep abreast to changing<br />

regulations and ensure<br />

compliance. It usually forms part<br />

of the responsibilities of a<br />

company secretary, nance<br />

manager or Accountant. A<br />

graduate in Business<br />

Management or Business<br />

Administration would be a perfect<br />

candidate.<br />

41

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