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 May 2011

INTRODUCTION

Recently, one of our clients had her laptop stolen. This lead this to revise an article contained in one of our back issues. The revision is displayed below. The importance of backing up your hard drive cannot be over-emphasised. The losses incurred are not limited to the hardware and data recovery costs but extend to penalties imposed by various statutory bodies, SARS included, as a result of the data loss resulting in missed deadlines.

TECHNOLOGY

Backups are copies of your system and should be made at regular intervals. The more frequently the data changes, the more frequent should be the backup. The medium on which to save the backup may be dictated by volume of data to be backed up. For the average SME, a removable hard drive will be the best option as they are available in various sizes and are reasonably priced. Larger enterprises will consider options such as tape streamers or web hosting. Regardless of the medium used, in order to minimise the possibility of loss due to fire or theft, the backup copy should not be kept at the same location as the source hard drive. The original software should also be stored at an alternative location. Some programmes, such as Adobe and AVG, are updated regularly via an Internet link. Most such programmes offer the option to save the update file to disk rather than updating live. Wherever possible, that option should be selected as you can then include all update files in your backup set. This will save time and money when it comes to reconstructing your system after a loss.

Outlook Express

If you conduct a large amount of correspondence using this programme, it is useful to know that you can define how and where emails are stored. For example, if you conduct regular correspondence with a particular person, you can create a folder for that person and set up a message rule to instruct the programme to store all messages from or to that person’s folder. To do this click on Tools and select Message Rules and then click on Mail and then the New tab. Place a tick in the box next to the Where the From Line contains People. In Box 3 , click on Contains People. Click on address book and select the name of the person concerned; then click on Add. The, in Box 2 , place a tick in either the Move it to or Copy it to box. Another rule may be set up to automate the sorting of your sent items, By following the above steps but substituting a tick in the box next to Where the In Line contains People for that in the box next to Where the From Line contains People.

TAXATION

VAT Returns

VAT vendors are reminded that from April 2011, the VAT201 forms will no longer be issued automatically. Therefore, it is incumbent on vendors to request a copy timeously so as to ensure that their submission and payment are made on time. It is suggested that they diarise to do this at the beginning of the month in which payment has to be made. This will provide a buffer for SARS delays in issuing the return.

Returns may be requested as follows:

  • For manual submission, from a SARS branch or from the call centre 0800 00 7277

  • EFilers, via their eFiling profile

Submissions on old forms will not be accepted; neither will photocopies of forms printed from eFiling and used for manual submissions.

Efilers are permitted to submit and make payment on the last working day of the applicable month whereas manual submissions and payments have until the working day closest to the 25th of the month.

VAT Refunds

According to one source, SARS has targeted 10% of VAT refunds for investigation. How the selection is made is unknown. However, we are aware of a number of refunds being withheld without the vendor being informed of the intent to withhold. In these cases, we were informed of the investigation only when we enquired as to why the refund had not been received. In some instances, no documents have been requested. Therefore, we are at a loss to understand how an investigation can be conducted. SARS is obliged to pay interest on any refund that is not made within 21 working days from the date on which the relative return was lodged with SARS. However, the 21-day period may be interrupted where:

  • A vendor’s return is incomplete. In this case, the 21 day period will run from the date on which a corrected return is received by SARS

  • The vendor is in default in submitting any return (not just VAT returns) – the 21 days will run from the date that all returns are received

  • The vendor has been requested to provide documents and information to assist in an investigation of the refund. Here, the 21 days will commence on the date that SARS is satisfied that the request has been complied with.

Accordingly, we urge all vendors to keep track of when a refund is due and ensure that SARS complies with the regulations with regard to payment dates. Alternatively, keeps them informed on the progress of any investigation so that the payment date may be anticipated.

DEADLINES

Voluntary Disclosure Programme – 1 November 2010 to 31 October 2011

Annual Duty – end of the month following incorporation date

EMP 501 1st period  2012 – 31 October 2011

New Companies Act – no new CC registrations – 1 May 2011

Disposal of a residence from a company or trust – 31 December 2012

ECONOMY

Weakening oil prices should result in lower fuel price and this, in part, may help to ease the burden that is likely to result from the increase in Escom tariffs. However, currency considerations and escalating fuel prices may impact upon the inflation rate. The SARB has indicated that a close watch is being kept on that statistic and that any significant change will result in an upward revision of interest rates. One commentator predicts that this could happen as early as September.

A slight recovery in housing prices augers well for the property sector. Improvement has also occurred in vehicle sales. However, there has been no improvement in the unemployment rate that still hovers around 25%.

THE COMPANIES ACT

In our previous issue, we alluded to the public interest score (PI Score) that is used in determining whether an entity requires to be audited. These provisions apply to Close Corporations as they are regarded as private companies for the purposes of the financial reporting standards imposed by the Act.

All public companies and state-owned companies must be audited. So too do entities that hold assets in a fiduciary capacity where those assets are worth more than R 5 million and are held on behalf of persons who are not related to the entity and as an integral part of the entity’s primary activity.

All entities with a PI Score that exceeds 350 points must also be audited.

Entities with a PI Score between 100 and 350 points require an independent review of their financial statements. The review may be conducted by an accounting professional who is a member of the Independent Regulatory Board for Auditors, (currently only Chartered Accountants). If the financial statements are prepared internally and not by an independent third party, an audit is required.

Entities with a PI Score of 100 or less, do not require an audit or independent review  unless:

The entity holds assets in a fiduciary capacity as outlined above, and/or

The entity is not owner managed.

The PI Score is the sum of the following scores:

The average number of employees for the financial year multiplied by one

One point for each million, or part thereof, of third party debt

One point for each million, or part thereof, of turnover

One point for each person who has a beneficial interest in the entity.

TAILPIECE

“Mediocrity knows nothing higher than itself, but talent instantly recognises genius.” (Sir Arthur Conan Doyle through Sherlock Holmes.)