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Home News 2021 Remission of penalties following a VDP

Remission of penalties following a VDP

In February 2021, the High Court sought to review and determine whether SARS has a statutory duty to consider a taxpayer’s request for remission of interest notwithstanding a voluntary disclosure programme (VDP) agreement having been concluded between the taxpayer and SARS.

Facts

The Applicant is Medtronic International Trading S.A.R.L. During the course of June 2004 and May 2017, the Applicant’s accountant embezzled an amount of R537,236,176.00 from the Applicant by submitting false VAT returns to SARS and concealing the embezzlement by seeking reimbursements from SARS.

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