Riyaz Patel
Taxpayer information is confidential and the revenue service cannot be compelled to divulge such information, South African Revenue Service (SARS) Commissioner Edward Kieswetter has assured.
He said SARS is legally compelled to uphold the confidentiality of taxpayer’s information, except under specific legal circumstances.
Kieswetter’s comments were prompted by reports that the High Court has held off the issuing of a Public Protector subpoena forcing SARS to release tax information relating to a “certain individual,” who it has since emerged is former president Jacob Zuma.
“If a court orders that SARS is required to release taxpayer information then I shall comply promptly with the order,” he said.
SARS, he added, would only release taxpayer’s information at the consent of the taxpayer(s) or when ordered by the court.
Kieswetter said he is aware that a SARS application to court concerning a subpoena issued by the Public Protector compelling him to divulge taxpayer information has created speculation in the media and social media.
Kieswetter said as SARS, they respect taxpayer’s information and the Office of the Public Protector.
“Earlier this year, I unequivocally expressed my support for the Office of the Public Protector. In many instances, I and my staff have worked diligently to extract information at the request of her office, and I shall continue to do so.
“I also expressed my wish that we would keep a line of communication open, where we could discuss issues of potential disagreement openly, honestly and frankly,” he said.
“The subpoena issued upon me has taken me by surprise, as I believe that the goodwill expressed would be reciprocated in the interest of good governance and the constitutional duty between organs of state to cooperate with each other, to support each other and to respect each other’s functions and legal duties,” said the SARS Commissioner.
“Taxpayers should have their expectations confirmed that the tax authority administering the tax laws does so consistently and fairly so that similarly situated taxpayers are treated equally and consistently under the law.”
He said SARS would opt to sit down and have a discussion with whoever is interested in getting taxpayer’s information.
“It would have been preferable to SARS and the Public Protector to have resolved this issue without resorting to a court.
“There is a fundamental issue of confidentiality of tax information at stake which I am compelled to uphold for the benefit of all taxpayers and principles are not limited to the taxpayers cited in the court documents,” said Kieswetter.
