A person must keep records, books of account or documents. The retention of records will assist a person to fulfil the requirements of the Tax Administration Act and to satisfy SARS that the person has complied with the requirements.
Who is it for?
Tax Administration Act requires the following persons to keep records:
- A person who is registered and has filed a return
- A person who is required to submit a return but has not complied
- A person who is not required to submit a return, but has during the tax period, received income, has a capital gain or capital loss or has engaged in any activity that is subject to tax.
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How to keep records?
Records must be kept;
- in their original form;
- in the form, including electronic, prescribed by the Commissioner by public notice; or
- in the case of a request by a specific taxpayer to retain records or documents in a different but acceptable form, the form authorised by a senior SARS official;
- in an orderly fashion,
- in a safe place; and
- open for inspection, audit or investigation by SARS.
How long must the records be kept?
- A person who has submitted a return: 5 years: counting from the date of submission of a return until the last day of the period
- A person required to submit a return but has not complied: 5 years: after the end of the 5 yer period, indefinitely until the return is submitted.
- A person who is not required to submit a return, but has during a tax period, received income, had a capital gain or loss, or engaged in any other activity that is subject to tax or would be subject to tax but for the application of a threshold or exemption: 5 years or until the audit is concluded, whichever occurs first.
- A person who has lodged an objection or appeal against an assessment or decision under the TAA: 5 years or until the disputed assessment or decision becomes final, whichever occurs first.
- A person who has been notified or is aware that their records are subject to an audit or investigation: Until the audit or the investigation is concluded.
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