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TAX COMPLIANCE BIA PRESENTATION 10/11/2010. BURS Mandate. Administer and enforce the revenue laws; Income Tax Act Capital Transfer Tax VAT Act Customs & Excise Duty Act. TAX COMPLIANCE. What is Tax Compliance. Simple definition
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TAX COMPLIANCE BIA PRESENTATION 10/11/2010
BURS Mandate • Administer and enforce the revenue laws; • Income Tax Act • Capital Transfer Tax • VAT Act • Customs & Excise Duty Act
What is Tax Compliance Simple definition • Is the degree to which taxpayer comply with the tax law and administration • It is measured in terms of the “tax gap” • It can also be defined as seeking to pay the right amount of tax (not more) in the right place and time as compared to tax avoidance. • The aim being to have a 100% compliance with Revenue laws
Tax Compliance • Tax compliance include; • Voluntary compliance • Compliance by enforcement • Voluntary compliance is adherence to the tax legislation without the use of forced measure within the laws • Forced compliance is whereby taxpayers comply after some enforcement measure of the law has been implied
Legal Framework • Tax revenue laws assumes voluntary compliance; • Sec 65 of the Income Tax Act; Every person shall furnish a return…. • Sec. 26 of the VAT Act; Every registered person shall furnish a return… • According to the Act a person has to declare his or her income or VAT to the CG • VAT, company / Corporate tax is based on a self assessment system which encourages voluntary compliance
Legal Framework Enforcement • The law stipulates enforcement measures to deal with taxpayers who do not voluntary adhere to the laws • Sending reminders • Penalties ;Sec. 117 & 118 IT and Sec. 33 • Interests; Sec. 97&101 IT and VAT Act, Fifth Schedule. • Garnishee order, (ITC 9); VAT sec.40, IT sec.109
Legal Framework Cont… • Seizures; Sec. 37 VAT • Closure of Business Premises (Sec 63 VAT) • Levy of distress; Sec38, VAT • Summons (14 days) • A writ of executions; sec. 34 VAT and sec.103 IT • Criminal Proceedings
Burs Initiatives Burs has created an enabling environment for tax payment which reduces the burden of tax compliance by the following tax administration activities; • Sending of returns • Sending of statements – debt • Payments Plans • Taxpayer segmentation-Large taxpayer unit • Burs accessibility • Opening of offices • Service Centres • Computer Auditing
Burs Initiatives • To encourage voluntary compliance • Taxpayer education and awareness • To enforce compliance • Surveys • Inspections • Block management
TAXPAYERS RIGHTS • Right to object and appeal an assessment • Appeal can be made to: * Board of adjudicators * High Court • Right to secrecy • Right to appeal against seizures and detentions
ADDRESS & LOCATION Gaborone P/Bag 0013 Francistown P/Bag 38 Lobatse PO Box 263 Jwaneng PO Box 5 S/Phikwe PO Box 129 Mahalapye PO Box 240 Palapye PO Box 97 Maun PO Box 219 Ghanzi P/Bag 0018 TELEPHONE NUMBERS 363 8000/363 9000 2413635 5330566 5880695 2613699 4710486 4920388 6861321 6596463 WHERE YOU CAN FIND BURS
THANK YOU Collecting Taxes for Botswana's Development www.burs.org.bw