The size and growth of Sars' staggering R513bn in unpaid taxes drives home the pressing need for both stronger enforcement and taxpayer co-operation. This is according to Geo Kilian, tax attorney at Hobbs Sinclair Advisory.
Source: Supplied.
Source: Supplied. Geo Kilian, Tax Attorney at Hobbs Sinclair Advisory
“A tax debt of this magnitude is not just a number on a balance sheet — it’s a direct threat to public finances and the delivery of essential services,” says Kilian. “When over half a trillion rand is outstanding, Sars has no choice but to act decisively.”
The debt, disclosed by Sars Deputy Commissioner Johnstone Makhubu at the 12th Annual Tax Indaba in Johannesburg, has grown sharply from around R415bn last year. The primary culprits are VAT and PAYE — “trust monies” collected by businesses and employers on Sars’s behalf — along with interest and penalties that can escalate significantly in cases of suspected fraud.
“VAT and PAYE are not optional extras,” Kilian notes. “These are amounts collected in trust. When they are withheld or misappropriated, it crosses into a very serious compliance breach that Sars will pursue aggressively.”
Escalating enforcement and outsourcing recovery
Sars’ multi-pronged plan blends traditional methods with new approaches. Portions of complex and aged debts are being outsourced to around 15 external collection agencies, while internal teams focus on high-impact recoveries. Legal action is also being intensified — moving from third-party appointments to civil judgments, writs of execution, and, where necessary, personal liability claims against directors.
“We’re seeing a definite shift in tone,” says Kilian. “Sars is moving away from leniency towards a far more assertive posture. If you’re deliberately avoiding your obligations, expect to face judgments, asset seizures, and personal liability.”
Nicolette van Vuuren 14 hours Still, Sars offers relief options for taxpayers in genuine distress, including compromises under Section 200 of the Tax Administration Act and structured deferrals.
“The door is open for those acting in good faith,” Kilian explains. “If you can demonstrate hardship, there are legal mechanisms to restructure or reduce your debt. But you have to engage — ignoring the problem will only make it worse.”
Balancing write-offs with deterrence
While some debts are ultimately unrecoverable — such as those from liquidated companies, fraudulent entities, or deceased individuals — Sars is cautious about excessive write-offs.
“There’s a fine balance,” Kilian warns. “Write off too much, and you risk encouraging default as a strategic choice. That’s why Sars is exhausting legal remedies first, even in hard-to-collect cases.”
Tech targets South Africa’s tax gap
The agency is also betting on technology to curb future debt accumulation. Investments in AI and data analytics allow Sars to cross-reference filings and bank data in real time, identifying discrepancies without prior notice. New VAT rules for low-value e-commerce imports will also ensure that digital and cross-border transactions contribute their fair share.
“Sars is no longer just a reactive collector,” Kilian says. “With AI-driven insights, it’s moving towards proactive detection. That’s a game-changer for compliance.”
Recovering even part of the R513bn would significantly strengthen the fiscus. But challenges remain — from economic pressures and “Stalingrad” litigation tactics to administrative delays.
“Compliance is ultimately a partnership between the State and taxpayers,” Kilian concludes. “Sars can enforce and innovate, but long-term stability depends on a culture of voluntary compliance. That’s the real prize.”
