Why you need Tax Risk Insurance
Ensuring you have heavyweights in your corner when SARS comes knocking.
from *R210 p/m
from *R219 p/m
from *R179 p/m
*Terms and Conditions apply.
WHAT WE COVER
The cost of defending your case or justifying your position to SARS can
We cover the cost of defending:
WHAT WE DON'T COVER
Audits and disputes which have commenced prior to the inception of the policy
Audits from tax returns which were submitted late, without extensions being granted
Where proper records were not kept
Where fraud or crime is involved
Costs of tax return preparation
Matters outside RSA borders
Any taxes, interest, penalties or fines correctly imposed by SARS
We are South African taxpayers’ trusted provider of Tax Risk insurance
SARS' tax audited 1,5 out of every 10 taxpayers in South Africa in 2018/19. SARS is facing in excess of R300 billion tax shortfall. They are under pressure to meet targets, which means more detailed audits are being carried out to curb tax avoidance.
While you may have a competent accountant or tax practitioner, this does not guarantee absolute protection against a SARS' tax audit. If your accountant is not 100% up to speed because of the ever-changing tax legislation or your tax assessment by SARS is irrational, you could be at risk of losing large amounts of money. If this happens, your accountant is not qualified to defend you in a court of law. YOU are always 100% responsible and accountable for your tax affairs.
Tax Risk Underwriting Managers offers individuals, business owners and trusts selected for a SARS' tax audit immediate assistance by appointing a team of tax professionals to argue your case.
How much does the cover cost?
Not much, considering the risk you’re facing! From only *R210 for individuals and *R219 for businesses monthly, you will get Tax Risk Insurance cover you need for total peace of mind. That’s less than an average business lunch for one!
Premiums are dependent on your annual taxable income for personal taxpayers, or annual turnover for companies.
* Terms and Conditions apply
WHY CHOOSE TAX RISK INSURANCE
Only protection of its kind in South Africa in the event of SARS' tax audits and related disputes
Available for businesses, individuals and trusts
SARS is targeting SMMEs, trusts and High-Net-Worth Individuals (HNWIs)
Cost of a SARS' tax audit and related disputes can run into thousands of Rands
No matter how good your accountant/tax practitioner is, you may be selected for a tax audit
Sometimes you need to go to court - tax lawyers are expensive
Incorrect tax assessments can bankrupt you
Cost of a SARS' tax audit can force you to shut down your business
HOW WE HELP YOU
We offer individuals, business owners and trusts immediate expert assistance from unfair or incorrect tax re-assessments that often come with being selected for a SARS' tax audit.
Easy to understand cover
Cover is retrospective - no waiting periods
Access to South Africa’s top tax specialists/ lawyers
Once policy is active - assistance no matter how far back SARS reassesses
Fair tax treatment and audit outcomes
Your accountant’s fees are covered for services during the claim
Can claim more than once a year
Experts to assist you when there is an unexpected SARS’ tax audit and related disputes
Fixed indemnity limits so you know what you have available
If you are selected for a SARS’ tax audit or related dispute, we will appoint and pay for a team of tax professionals who will defend you. This may include tax attorneys, auditors, tax specialists, accountants and any other tax advisors required to ensure a fair outcome.
A Tax Risk Insurance policy will provide cover in the following matters:
- Income tax disputes
- VAT audits
- Employee tax audits
- Capital Gains tax audit
- Dispute resolution hearing & appeals to the Tax Board and Tax Court
Considering the risk, you are facing - not a lot! For the monthly cost of less than the average business lunch, Tax Risk Insurance will deal with your tax audit problems, effectively.
Premiums are dependent on your annual taxable income for personal taxpayers or annual turnover for companies. Click here to find out more.
Yes. There is an aggregate annual rand and number of hours limit and a ‘per claim’ limit. Your indemnity will be included in your quotation.
Exclusions under the policy include:
- Audits and disputes which have commenced prior to the inception of the policy
- Audits from tax returns which were submitted late, without extensions being granted
- Where proper records were not kept
- Where fraud or crime are involved
- Costs of tax return preparation
- Matters outside RSA borders
- Any taxes, interest, penalties or fines correctly imposed by SARS
We only cover local taxes payable to SARS. Taxes payable outside of South Africa or on revenue generated outside of South Africa, or anything relating to exchange control, and customs and excise, are not covered under this policy.
Even if you employ the best accountant in the world and you believe, like most people, that your tax affairs are in order, SARS can still select you for an audit. The cost of defending an audit like this, can run into thousands of rands in professional fees. Most people and businesses don’t budget for this and can’t afford it.
Should SARS find absolutely nothing wrong with your tax affairs, which is most often the case, you will still be liable to pay the bill from your tax advisors for their services rendered. Tax Risk Insurance on the other hand, will appoint and pay for a team of top tax professionals to represent you during a SARS’ tax audit and dispute. Your accountant will probably be part of that team and their fees for services rendered during the claim will be covered by the policy.
Depending on the nature and severity of the SARS’ tax audit, we’ll establish a panel of experts in your defence. This will probably include your accountant but could also include external tax specialists from our panel including tax attorneys, tax accountants, tax advisors and other tax specialists. We’ll bring together the team we think would represent your case best. So we can find an effective resolution in the most efficient way.
Yes – errors are human. As long as there is no fraud or wilful tax evasion involved, we will continue with cover as normal.
All tax accountants are required by law to maintain Professional Indemnity insurance. Should you have been prejudiced by professional negligence on the part of your tax accountant, you may take issue against his Professional Indemnity insurance. Professional Indemnity insurance is separate from your Tax Risk Insurance policy, which pays for the cost of defence, if you happen to undergo a SARS’ tax audit and related disputes.
Tax Risk Insurance cover will not operate in the event of fraud and tax evasion. It’s absolutely imperative that taxpayers continue to pay their taxes as required and we encourage our clients to comply at all times.
Our Claims Process
If you receive a notification within 30 days of a SARS’ tax audit or related dispute, DO NOT RESPOND to SARS.
Contact Tax Risk Underwriting Managers immediately.
We will assess the claim and notify you when your claim is approved.
Tax specialists will be appointed.
Your defence starts immediately.
Once we are notified of the SARS’ tax audit or related dispute, we take ownership of the tax audit to ensure the best possible outcome.
Mr Cassim’s owns a shoe retail shop in the commercial centre of Durban. He pays his taxes and submits his tax returns regularly and on time. He has a very good accounting firm taking care of his accounting and tax affairs.
Following the submission of his latest returns by his accountant via e-filing, SARS requested Mr Cassim’s accountant to submit some supporting documents to his tax returns. This is nothing unusual. SARS often calls for supporting documentation to verify the information contained in a filed tax return.
But then SARS called Mr Cassim directly for an appointment to further their investigation.
Mr Cassim is a Tax Risk Insurance policyholder and calls Tax Risk Underwriting Managers before the meeting for some advice. This was the correct thing to do, as this meeting would clearly have infringed on Mr Cassim’s rights as a taxpayer. He might have inadvertently incriminated himself, as Mr Cassim is not a tax expert.
Tax Risk Underwriting Managers notified SARS that our tax attorney service provider will be acting on behalf of Mr Cassim. We were able to successfully represent Mr Cassim in this matter, ensuring that SARS followed due process as required by the Tax Administrations Act and that Mr Cassim’s rights were equally protected.
Our client is a Trust, which holds the interests of a farm in the Western Cape.
Unbeknownst to the rest of the Trustees, one Trustee is audited by SARS and found wanting. SARS then proceeded to also conduct an audit on the Trust.
During the audit, SARS disallowed all the VAT inputs and underlying expenses in the farm for the past 10 years. The reason for this decision was not made clear.
This translated into an outstanding tax bill to SARS of just short of R10 million. Tax Risk Underwriting Managers stepped in to defend the case. After the cost of R150 000 in professional defence fees – SARS conceded and overturned their original decision.
The matter was settled on a PAYE short payment of R2 000, which occurred due to an administrative error on the part of the Trust. The Trust then paid this outstanding R2 000 to SARS, together with a small amount in penalties and interest.
Tax Risk Insurance rescues SMME from SARS nightmare
Mr Jones,* a sole trader, operating a medium-sized sales business from a smallholding in the northern parts of Johannesburg, believes that taking out Tax Risk Insurance for his company, saved his business from financial ruin.
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