The Taxes and Duties Act lays down, among other things, liability for understating the amount of VAT payable to the government and for overstating the amount of VAT refundable by the government. Under the Taxes and Duties Act, the State Revenue Service (SRS) conducting a tax audit has the power to assess the amount of tax lost (plus a late charge) or to reduce the overstated tax credit, as well as imposing a penalty of 30, 50, 70 or 100 per cent in either case according to the criteria prescribed by sections 32 and 32.3 of the law. The Taxes and Duties Act also lays down a procedure for reducing a penalty imposed by the SRS. Although a tax offence in either case is punished in a similar way (the criteria and the method of penalty assessment being identical), a penalty reduction is only possible in the case of a tax understatement.
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