SARS’ Official Functions

Have you ever wondered what SARS’ official functions may be in terms of legislation? Collection of Income Tax is merely one aspect everyone is aware of.

SARS is the only organ of state that is entrusted with the administration of national revenue legislation.

In terms of section 4 of the SARS Act, it must secure the efficient, effective and widest possible enforcement of:

  • the Transfer Duty Act , 1949,
  • the Estate Duty Act, 1955,
  • the Income Tax Act , 1962,
  • the Customs and Excise Act , 1964,
  • the Value-Added Tax Act, 1991,
  • the Tax on Retirement Funds Act, 1996,
  • various other Acts listed in Schedule 1 to the South African Revenue Service Act , 1997,
  • the Securities Transfer Tax Act , 2007
  • any regulation, proclamation, government notice or rule issued in terms of the above-mentioned legislation or any agreement entered into in terms of these pieces of legislation or the Constitution, and
  • any other legislation concerning the collection of revenue or the control over the import, export, manufacture, movement, storage or use of certain goods that may be assigned to SARS in terms of either legislation or
  • an agreement between SARS and the organ of state or institution concerned (e.g. skills development levies and unemployment insurance contributions);

SARS must advise the Minister of Finance on:

  • all matters concerning revenue; and
  • the exercise of any power or the performance of any function assigned to the Minister or any other functionary in the national executive in terms of the legislation referred to above; and
  • advise the Minister of Trade and Industry on matters concerning the control over the import, export, manufacture, movement, storage or use of certain goods.

This article is provided for information only and does not constitute the provision of professional advice of any kind.

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