The NPA alleges he failed to declare taxable income and evaded tax of R1.6-million

The SA Revenue Service is keeping tight-lipped about allegations that ANC president and corruption accused Jacob Zuma failed to submit tax returns.

The National Prosecuting Authority alleges in papers before the Constitutional Court that Zuma failed to declare income to the taxman.

Responding to questions submitted by Sapa on Friday, SARS said: “The confidentiality provisions contained in tax legislation ... prohibit SARS from publicly disclosing details pertaining to the tax affairs of particular taxpayers.”

According to an indictment filed in the Pietermaritzburg High Court on December 28 2007, Zuma failed to submit tax returns for nine years from 1995 to 2003.

In papers filed on Thursday by the NPA in the Constitutional Court — where Zuma is challenging August 2005 searches of his and his lawyers’ properties and seizure of documents — it is alleged that he “failed to disclose” to SARS or parliament that he received 583 payments from convicted fraudster Schabir Shaik.

The NPA also alleges he failed to declare taxable income of R2.7-million and evaded tax of R1.6-million.

SARS said it could not say when it had become aware of the alleged failure to submit tax returns, or what action it had taken to get Zuma to submit his tax returns.

SARS said the legislation meant it could not disclose whether Zuma was subject to an investigation by SARS prior to the NPA investigating his tax affairs, or whether SARS was working with the NPA.

It would not say whether it had investigated Shaik.

Section 4 of the Income Tax Act states: “Every person employed or engaged by the Commissioner in carrying out the provisions of this Act shall preserve and aid in preserving secrecy with regard to all matters ...”

According to the law, a first-time offender who fails to submit a return can be fined R300. Fines for subsequent offences increase in increments of R300.

It could not be determined whether Zuma had been fined or whether he had paid fines.

However, if he should be found guilty of contravening any tax legislation— apart from the headlines it would create — he could find his name in advertisements SARS uses to “name and shame” defaulters.

With acknowledgements to Sapa and The Times.