Taxation Resource Centre & Library
CIBA as a Recognised Controlling Body
CIBA was awarded the status of Recognised Controlling Body (RCB) by SARS. This means that CIBA members can directly register with SAIBA to obtain their tax practitioner status with SARS.
Only registered tax practitioners are allowed to advise clients on their tax affairs or complete tax returns, for a fee. Every practitioner that provides advice to another person with respect to the application of a Tax Act or completes or assists in completing a tax return on behalf of another must register as a tax practitioner. Practitioners that provide these services without being registered as a tax practitioner with SARS, and a controlling body will be guilty of a criminal offense.
CIBA supports a community of registered tax practitioners. The taxation resource centre is a platform is a tool to enable tax practitioners providing high quality services to clients.
Become a CIBA tax practitioner
Who should register as a tax practitioner and what are the requirements?
Read about the registration requirements of SARS in CIBA’s Tax Practitioner Information Guide here: SARS Tax Practitioner Readiness Program Information Guide (2022)
CIBA Tax Standards
Our tax practitioners are classified as either Compilers or Advisors. Read more here. https://saiba.org.za/licenses/tax-practitioner
Index:
- CIBA Tax Standards
- Technical Updates
- Tax Happy Hour and CPD events
- Taxation FAQ Library
- Feedback from stakeholder meetings
- CIBA discussion papers and submissions
1. CIBA Tax Standards
This publication provides SAIBA members with enforceable tax practice standards, called SIABA Tax Standards (STSs or statements). These statements apply to all designated SAIBA members who have applied to become a Licensed Tax Practitioner on either of the following levels:
- Tax Compiler (NQF5)
- Tax Advisor (NQF7)
Interpretations of these statements may be issued as guidance to assist in understanding and applying the statements. The SAIBA Tax Standards and their interpretations are intended to complement other standards of tax practice and general statements issued on Tax Practitioner Conduct and disciplinary procedures by SARS from time to time.
Click to read the SAIBA Tax Standards here: SAIBA Tax Standards.
2. Technical Updates
CIBA post weekly technical updates at this link: https://saiba.academy/taxation-updates/. The weekly newsletter is distributed via email summarizing the technical updates.
You can access the newsletters here.
3. Tax Happy Hour and CPE events
Registered tax practitioners are required to complete minimum of 18 verifiable CPE hours per year, which consists of 10 tax hours, 2 ethics hours, and 6 hours relating to the service provided.
CIBA Academy delivers smart courses for SAIBA members. Visit www.saiba.academy and see how we can help you remain compliant and relevant.
Tax Happy Hour is a popular event presented monthly discussing a trending topic.
You can find the list of CPE courses offered on CIBA Academy here.
4. Feedback from SARS meetings
SARS hosts regular regional and national stakeholder meetings. These meetings provide an opportunity to communicate problems experienced. Key discussion points for these events are listed below.
Regional SARS meetings
Forum: SARS Gauteng North regional
Date: 18 August 2022
Key discussion points:
Deleting Returns, Online bookings, Rescheduling of appointments
Forum: Gauteng Regional Stakeholders Meeting
Date: 26 August 2022
Key discussion points:
Year-end changes and provisional tax payments
Practitioner appointments – inability to do multiple bookings was escalated to national level.
Forum: Western Cape Regional Stakeholder Meeting
Date: 13 September 2022
Key discussion points:
Latest structural changes in SARS
Voluntary disclosure program principles and key concepts
Issued raised to SARS:
- Refunds retained by SARS due to outstanding verifications on previous tax years
- Continuous audits on VAT refunds
- Updating of banking details on eFiling
Forum: Northwest Region Stakeholders Meeting
Date: 3 September 2022
Key discussion points:
Forum: Mpumalanga Regional Stakeholders Meeting
Date: 7 October 2022
Forum: North-West Tax Practitioners Auto Assessment Process recap
Date: 2 November 2022
Key discussion points:
Forum: Gauteng Regional Stakeholders Meeting
Date: 18 November 2022
Key discussion points:
The following issues were raised and acknowledged by SARS:
- Contact Centre Telephone calls – the long waiting, abrupt calls cut and the Covid-related message while covid rules were uplifted
- VAT audits are still taking too long to finalise
- Objections on IT12 cases taking too long to finalise.
- Issues with practitioner appointments relating to scheduling / booking appointments.
- Branch managers contact details were shared
Forum: Western Cape Regional Stakeholder Meeting
Date: 29 November 2022
Key discussion points:
Latest structural changes in SARS
Voluntary disclosure program principles and key concepts
Issued raised to SARS:
- Refunds retained by SARS due to outstanding verifications on previous tax years
- Continuous audits on VAT refunds
- Updating of banking details on eFiling
National SARS meetings
Forum: SARS Mandatory Disclosure Rules (MDR) on Common Reporting Standards (CRS)
Date: 29 August 2022
Key discussion points:
Who may be impacted by the MDR
What, how & when information must be reported
Forum: IT3(d) Business Requirement Specification (BRS)
Date: 2 September 2022
Key discussion points:
Introduction of the IT3(d) Submission by NPOs
The IT3(d) Business Requirement Specification (BRS)
Forum: BRS feedback – 3rd Party Data for Trust income distribution
Date: 2 September 2022
Key discussion points:
Deadlines for submission of returns by trusts
Forum: SARS shared their planned approach towards unquestionable integrity and combating internal Fraud and Corruption
Date: 30 September 2022
Key discussion points:
SARS shared their planned approach to promote integrity and combat fraud and corruption within SARS. The Integrity Promotion and Anti-Corruption Unit’s mandate was discussed with possible systems and processes to report possible problems.
Forum: High-level overview of the TCS redesign project
Date: 13 October 2022
Key discussion points:
High–level overview of the TCS processes that are currently being redesigned.
Forum: SARS National Ops Meeting
Date: 27 October 2022
Topics Discussed:
Issues with Auto assessment in 2022, improvements to be made in 2023
Estate finalization issues – automation of the coding of estate cases is ongoing
Tax practitioner dashboard to be designed and piloted during early 2023
Backlogs on audit refunds will be looked at by SARS.
Forum: SARS Quarterly Stakeholders Meeting_Q4
Date: 18 November 2022
Key discussion points:
Issues with Contact Centre Telephone service
Outstanding VAT audits and refunds
Taxpayer’s Section 12J claim disallowed despite all relevant documents provided
5. Feedback from Recognised Controlling Bodies (RCB) Meetings
What is the RCB Forum
The RCB Forum derives its mandate from the Tax Administration Act. It provides a platform RCBs to discuss matters of common interest for the benefit of their registered tax practitioner membership. CIBA represents its members’ interest in the quarterly meetings in identifying cross cutting issues for RCBs and escalating them as a forum to SARS.
Members of the RCB Forum
Currently, the following organizations are members of the RCB Forum:
- The Association of Chartered Certified Accountants (ACCA)
- Chartered Institute of Management Accountants (CIMA)
- Chartered Governance Institute of Southern Africa (CGISA)
- Institute of Accounting and Commerce (IAC) SA Institute of Chartered Accountants (SAICA)
- SA Institute of Professional Accountants (SAIPA) SA Institute of Tax (SAIT)
- Financial Planning Institute of Southern Africa (FPI)
- South African Institute of Business Accountants (SAIBA)
RCB Meetings
Forum: RCB Forum Meeting 2023_Q3
Date: 13 September 2022
Topics discussed:
- Auto assessments and necessary SARS actions to improve on processes for the 2023 tax year
- Input VAT correction on VAT 201 forms
- SARS proposed changes to the tax practitioner contact center
- Processes to be optimized to administration of deceased estates
- Tax Practitioner pass rate and the way forward.
Actions:
Joint submission to SARS seeking clarity on the extent of changes relating to the SARS tax practitioners contact center. CIBA drafted its own submission based on our survey results. Refer to Submissions 2022-10 below.
Forum: Unpacking the Tax Ombud Annual Report
Date: 12 October 2022
Topics discussed:
The Tax Ombud Annual Report 2021/22: highlights and challenges.
Forum: RCB Forum Meeting 2023_Q4
Date: 22 November 2022
Topics Discussed:
Contingency fees charged interpretation
VAT 201 form improvement submission
6. CIBA Discussion Papers and Submissions
2022-12 Request to include CIBA on the list of approved independent reviewers in the Financial Guidelines for the Early Childhood Development Centres of the Mpumalanga Provincial Department of Education
The Financial Guidelines for Early Childhood Development (ECD) Centres (Guidelines) issued by the Mpumalanga Provincial Department of Education provides a framework to enable ECD Centres to function within systems of effective, efficient, and transparent accounting standards.
Recommendations were made to the Guideline to delete inconsistent references to audit and review requirements.
It was requested that the database of eligible service providers as mentioned in the Financial Guidelines should include CIBA licensed independent reviewers.
Read CIBA’s submission to the Mpumulang Department of Education here: CIBA Submission on reviewing ECD Centres
2022-12: Submission on the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill (B18-2022)
The General Laws Amendment Bill was tabled in August 2022 in response to the threat of imminent greylisting by the Financial Action Task Force (FATF). Greylisting will increase the cost of doing business with foreign trading partners. The Amendment Bill proposes additional record keeping and reporting measures impacting the following laws:
- Trust Property Control Act, 1988: Minister of Justice and Correctional Services
- Nonprofit Organisations Act, 1997: Minister of Social Development
- Financial Intelligence Centre Act, 2001: Minister of Finance
- Companies Act, 2008: Minister of Trade, Industry and Competition
- Financial Sector Regulation Act, 2017: Minister of Finance.
Our recommendations, amongst others, included more specific requirements to strengthen the role of accountants in combatting fraud and corruption and the use of a risk-based approach when identifying new requirements for non-profit organisations.
Read CIBA’s submission to Parliament here: SAIBA Submission on the General Amendment Bill
2022-10: Request to SARS for extension of IT12 deadlines
Read CIBA’s request to extend the deadlines for IT12 returns here: SAIBA’s Request for extension of IT12 deadlines
2022-10: SAIBA submission on the Public Interest Score
Our recommendations included the alignment with the public interest score calculation to international best practices. Consequently, reporting framework and audit requirements should be linked to limits identified over time resulting in a more flexible approach.
Read the submission to the Department of Trade Industry and Competition here: SAIBA Submission on PI score
2022-10: Response to SARS’ Proposal to Replace Telephonic Services by Providing Additional Online Capabilities
Communication received from SARS received on 10 August 2022 regarding the intention to replace telephonic services for Tax Practitioners by providing additional online capabilities. SARS requested stakeholders to provide inputs into the process to incorporate them when implementing this service enhancement.
Our submission included detailed analysis of the impact of the SARS industrial strike action on SAIBA tax practitioners.
Our recommendations included the introduction of the Tax Practitioner Dashboard with additional functionalities.
Read the submission to SARS here: SARS Submission Removing Call Center
2022-08: SAIBA Discussion Paper on the Impact of SARS Industrial Action on Tax Practitioners
With the SARS Industrial strike action in its fourth week, SAIBA took the initiative to reach out to our members to learn how the strikes have affected them and their clients. The survey results highlighted crippling challenges in communicating with SARS, including the availability of online functions and telephonic meeting appointments which were often not honored. This caused high levels of
uncertainty, fear of non-compliance and financial losses.
Read the paper here SAIBA Submission The Impact of SARS Industrial Action on Tax Practitioners
2022-07: SAIBA submission on Section 18A(2B) Audit Certificates
Our recommendations support the requirements for an audit certificate set out in section 18A and in IN 112. SAIBA proposed that professional bodies provide further guidance for members on the audit certification process.
Read the submission to SARS Tax Exemption Unit (TEU) here: SAIBA submission on Section 18A(2B) Audit Certificates
2022-07: An Analysis of The Financial Reporting Standards Council (FRSC): Political Nature and Potential to Powerfully Support Government’s Ability to Attract FDI, Increase GDP and Reduce Unemployment (15 July 2022)
The purpose of our proposal is to illustrate the political nature of the standard setting process, and how the outcome of this process can benefit or harm a national economy. We conclude with a proposal to set a political agenda for the FRSC and a funding model that will ensure appropriate outcomes for economic development and growth.
SAIBA proposed the establishment of either a specialist committee as envisioned in Section 191 of the Companies Act, 2008 or alternatively a Ministerial Advisory Committee to advise the Minister and the Commissioner of the CIPC, on the terms of reference for the FRSC, including the funding model in line with a national mandate to promote economic growth and employment.
Read the submission to the Minister of Finance here: SAIBA Submission on FRSC funding and GDP contribution
