Page 3 - KZN Business Sense 3.5
P. 3
KZN
KwaZulu-Natal
Business Chambers Council
A DURBAN BUSINESS VISIONARY
I n just 10 years Durban founded our business, Shree company culture, and as a result I do and as a result am able to
Property Holdings in 2007,” said
our sta members are also treated
business visionary, Pran
work hours on end without
Shree, has transformed a
exposed to a highly autocratic
small family business into a mega Shree. as family and team players. I was realising the time.”
property development enterprise, e property development leadership style and implemented e company's meteoric growth
optimising property solutions for company, specialising in this in my own business but once trajectory has marked it as an
a host of blue-chip clients. warehousing, property the younger generation joined the enterprise committed to delivering
management and construction business, I saw how benecial a high-quality products in a
Shree, CEO of Shree Property solutions, has quickly going on to democratic leadership style was.” competitive market as is indicated
Holdings grew up in a family become an award-winning by the fact that it sells integrated
business and has been involved in enterprise in South Africa's Shree commented that in order solutions, rather than mere
it since the age of 14. Shree said construction and development to remain an employee of choice, products.
that he had sought much sector. “It is necessary to adapt to
inspiration for his career from his diversity and transformation by Shree said, “e impact created
father and his mother, who were He said that the most prized enabling mentorship and sharing by business sustainability is for us
both entrepreneurial by nature. He highlight of his business life is my knowledge and experience.” not only to manage our triple
continued, “My personal drive was working with his family. Shree He said, “Today I can proudly say bottom line, but to implement a
fuelled by need for job creation says, “I not only get to be a I have a hand-picked team that has green initiative strategy through Pran Shree
and observing the impact it had husband and dad, but I get to the necessary skills, knowledge our product oering, that shall
on a single employee being able to share my professional life with my and personalities to operate my ensure the longevity of our concluded, “I also enjoy spending
feed a household.” wife and children. When I wake business and complement its business. e opportunity arose quality time with my wife and
up in the morning, I get to chase culture.” for us to invest more initial capital children outside of the business.
“My wife Annisha and I grew my passion and spend time with into our buildings making them My wife is my best friend and
our retail butcher into a wholesale my family.” Growing the business was not green rated and equipped with condant. As a family we enjoy
meat business, then we increased easy in its early stages. Shree said, solar panel systems and water travelling together and of course,
our cold storage business into a He further commented, “When I founded my business in conservation systems etc. is is my most expensive hobby is my
large storage facility for citrus for “Working in a family business has 1984, as an Indian businessman, massively demanded by blue chip love for sports cars.”
six months in a year. During our added to our success as we all it was dicult as I was not clients looking to achieve their
o-season period, with the focus on our strengths and it participating in a free market own business sustainability. Turn to page 8 for more information.
unemployed sta component of enhances the business as a whole. environment. e secret to my
250 people, and being supported Since we are a family run business, success lies simply in the fact that When not working, Shree
avidly by Annisha, together we this ethos spills over into our I am highly passionate about what enjoys cycling and jet skiing. He
SARS DISPUTES AND DELAYS
before it can become a binding which it acknowledged certain • SARS Audits and Refunds: process which must be carefully
Darren Britz
Admitted authority and feared by SARS. shortcomings in the tax system. Where you have a VAT or executed, as the “pay now, argue
Attorney of the It cannot get involved in tax SARS, however, also pointed out customs audit, there is oen a later” principle is well
High Court of
South Africa technical disputes, so their that the Ombud’s ndings were consequence of additional taxes entrenched in our law. e
BA LLB mandate nds very limited made in relation to less than 1% of payable or refund delayed where reprieve under section 164(2) is
application. refunds which SARS processed your supporting documents are a valuable tool in instances
and it therefore refuted that delays not spot-on. e approach by where SARS hold the ocers of
e Oce of the Tax Ombud of refunds were a systemic SARS to prevent fraudulent VAT the company personally liable
had to get special permission from problem. e jury is still out as to claims cannot be faulted, thus a for its tax debts, which, we have
the then Minister of Finance, who is correct, as obviously the good investment of your time is found, is an increasing trend.
Pravin Gordhan, before it could Tax Ombud only investigated to revisit that you have the
investigate, based on numerous certain cases and no-one is sure correct processes and • Tax Clearance: Where you have
complaints and the perceived whether this is genuinely only 1% procedures in place and are a tax dispute you can still get a
inadequacies of the South African or the tip of the iceberg. legally compliant. ere are tax clearance certicate by
tax system. ese complaints were
unfortunately some instances
following the correct legal
L founded on allegations that SARS e Legal Approach where SARS refund auditors process. Consider using an
ocials were exploiting the tax
have broken their own rules and
experienced hand, as you only
In our experience, we tend to
egal Equal Footing
e normal everyday system to unreasonably delay the agree that SARS is not procedures. Consider an have one opportunity to get this
right.
approach to make clear that you
systemically being obstructive in
payment of refunds.
interaction with SARS has been the manner in which it deals with hold SARS accountable to the
analogised with that of a turbulent Tax Ombud and SARS Disagrees tax disputes. is, however, gives law. is is the quickest and Becoming tax savvy enough to
ight. Flying is generally a In the Ombud’s Final Report little comfort when a spurious most secure means of ensuring apply the tax laws in your favour is
pleasant process, but once you issued on 28 August 2017, the audit nding is made against you, you are payed your dues. key to levelling the playing eld
have been through a rough one, honourable retired Judge B M there is an overdue VAT or when going toe-to-toe with SARS.
ying is never quite the same. Ngoepe found that the tax system Customs refund or you have a • Tax Additional Assessments: In our experience, once a tax
e same symbiotic relationship allowed for SARS to unduly delay long-standing dispute with SARS. e process of a tax audit oen attorney invokes the appropriate
normally applies to taxpayer and the payment of veried refunds, results in an additional tax legal mechanism, a SARS auditor
SARS. e system is designed to that this was a systemic issue and e Tax Administration Act assessment, with the now would rather assess the merits,
operate smoothly and eectively, that the tax system did not became eective 1 October 2012 standard 100% penalties and take steps to understand the
however, every now and again, suciently protect taxpayers. and the Rules on Dispute interest being raised. e best taxpayer’s position and thereby
perhaps due to a taxpayer being Resolution, which are in the stage to get a qualied tax seek to resolve the matter. is is
mischievous or SARS ocials e Final Report is quite process of being revised, were attorney involved is even before far more advantageous than
chasing a collection target, the damning and portrays a certain promulgated under section 103. this additional tax assessment is following SARS’ lead and which
taxpayer soon learns of the segment of SARS as being devious e Rules are binding on both raised, as SARS needs to give can be a painful and drawn-out
turbulence that can be in its treatment of taxpayers. SARS and taxpayer, and are key to you “reasons” under rule 6 and process.
experienced with SARS. e perception was also noted putting the taxpayer on equal you must be aorded the
amongst certain taxpayers that footing with SARS. ese are both opportunity to respond thereto C: 082 933 5953
Tax Ombud Involvement SARS was deliberately obstructive functions of law and having a under Rule 7. darren@taxconsulting.co.za
www.taxconsulting.co.za
Where we take over a complex in its treatment of tax disputes in qualied attorney with litigation
matter of a taxpayer, one of the order to delay payment of funds experience is crucial, albeit that • Tax Collection: Where you have
tell-tale signs of an uninformed to the taxpayer. you almost never end up in Tax any SARS tax assessment
strategy is where the Tax Ombud Court. Tax matters are won, or pending against you, as soon as
has been approached. In reality, On 4 September 2017, SARS lost, long before they reach the tax you indicate a dispute, you must
the Tax Ombud remains toothless issued a brief media release in litigation stage. apply for suspension of payment
and requires a drastic law change response to the Final Report, in under section 164(2). is is a
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