The accountability of the public officer has once again came under the spotlight with the introduction of the Single Registration for several taxes. SARS wants to re-establish the chain of trust from the boardroom to the public officer and from the public officer to the tax practitioner. SARS’ aim is to be able to pinpoint accountability with regard to tax returns hence the initiative from SARS to request an update of the registered representative of every legal entity.
Who is this registered representative? The registered representative is regarded as a natural person who is appointed with full rights to act on behalf of another legal entity as it relates to all dealings or interactions with that legal entity. The following capacities are regarded as authorised representatives: public officer, main partner, main trustee, treasurer or administrator.
Even though the tax practitioner is handling the legal entity’s tax affairs in terms of the engagement letter entered into, the accountability of the accuracy and completeness of the information submitted to SARS will be fair and square on the shoulders of the public officer in terms of the Tax Administration Act.