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How to legally lower your tax debt without risk

For many taxpayers, accumulating tax debt quickly becomes stifling, but there are legal avenues to reduce obligations without resorting to risky tactics. The South African Revenue Service (SARS) offers several mechanisms to help individuals and businesses manage their tax liabilities responsibly. Understanding these options is essential to avoid financial strain while still remaining in full compliance with tax laws.

Legitimate ways to reduce tax debt

Taxpayers can explore various legal strategies to lower their tax burden without incurring penalties or legal consequences. Some of the most effective approaches include:

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Compromise of tax debt

SARS allows taxpayers facing financial hardship to apply for a compromise agreement, which may result in a partial write-off of their tax debt. To qualify, taxpayers must demonstrate their inability to settle the full amount and provide supporting documentation to justify their claim.

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Payment arrangements

For those unable to pay their tax debt in a lump sum, SARS offers structured payment plans. These arrangements allow taxpayers to spread their payments over an agreed period, making it easier to manage financial obligations without defaulting. Interest will, however, be charged by SARS at the prescribed rate (currently 11.25%) on all debts due to SARS, until settled in full.

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Voluntary disclosure programme (VDP)

The VDP provides an opportunity for taxpayers to come forward and rectify any previous non-compliance. By voluntarily disclosing underreported income or incorrect filings, individuals and businesses can avoid severe penalties and reduce their tax liabilities.

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Reviewing tax assessments

Taxpayers have the right to dispute incorrect tax assessments. If SARS has overestimated a liability or included incorrect calculations, lodging an objection within the prescribed time frame, with supporting evidence can lead to a reassessment and a potential reduction in tax owed.

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Maximising allowable deductions and rebates

Taxpayers should ensure they are claiming all legally permissible deductions and rebates. Contributions to retirement funds, medical expenses, business expenses, and other tax-efficient investments can significantly reduce taxable income.

The risks of non-compliance

While legal methods exist to manage tax debt, taxpayers should avoid unscrupulous schemes or shortcuts that could lead to severe consequences. SARS has intensified its enforcement efforts, and non-compliance can result in:

  • Heavy penalties and interest: Failing to declare income or underreporting tax liabilities can lead to substantial financial penalties.
  • Legal action: Persistent non-compliance may result in litigation, garnishee orders against wages or salaries, or asset seizure.
  • Criminal charges: Engaging in tax evasion or fraudulent activities can lead to prosecution and reputational damage.  In certain cases, incarceration is also possible.

Take control of your tax obligations

Addressing tax debt proactively is essential to avoiding unnecessary penalties and ensuring financial stability. Whether you need guidance on structuring a tax compromise, setting up a payment plan, or correcting past non-compliance, expert assistance can make a significant difference.

At MMS Group, our team of tax professionals provides tailored solutions to help individuals and businesses manage their tax responsibilities effectively. By leveraging our expertise, you can gain clarity on the best course of action and safeguard your financial future.  To connect with an MMS income tax professional, contact us by visiting our website contact page.