"Assisting clients with completing tax returns and providing tax advice as a tax practitioner."

Background

CIBA members that have obtained a designation and have been awarded a CIBA Tax Practitioner License are recognised by SARS as Tax Practitioners in terms of Section 240 of the Tax Administration Laws Amendment Act 21 of 2012.

Section 240 of the Act requires that every person (except certain groups specifically excluded) that either:

• Provides advice to another person with respect to the application of a Tax Act or
• Completes or assists in completing a tax return on behalf of another

must register as a tax practitioner with the South African Revenue Service (SARS) and a Recognised Controlling Body (RCB), or a body whose members fall under the jurisdiction of a controlling body.

Only registered tax practitioners are allowed to advise clients on their tax affairs or complete tax returns, for a fee. Accountants that provide these services without being registered as a tax practitioner with SARS, and a controlling body will be guilty of a criminal offense.

CIBA is an RCB with SARS and can set its own admission criteria prior to allowing a designated member to be licensed.

The qualification requirements include:

• being a designated member CIBA,
• relevant subjects in tax,
• relevant experience in tax,
• being tax compliant,
• subject to a code of conduct,
• subject to tax standards of conduct,
• annual tax CPD.

In addition CIBA is required to monitor the conduct of the tax practitioners that we license:

• Minimum qualifications and experience requirements;
• Continuing professional education requirements;
• Codes of ethics and conduct;
• Tax compliance; and
• Disciplinary process and procedures.

CIBA Tax Standards

CIBA is a professional body for accountants and finance executives. Our Designations are symbols of quality, commitment, ability, and trust. Employers and clients value these characteristics.

Standards are the foundation of a profession.

CIBA aids its members in fulfilling their ethical responsibilities by instituting and maintaining standards against which their professional performance can be measured. Compliance with professional standards of tax practice also reaffirms the public’s awareness of the professionalism that is associated with CIBA designations.

This publication provides CIBA members with enforceable tax practice standards, called CIBA Tax Standards (STSs or statements). These statements apply to all designated CIBA members who have applied to become a Licensed Tax Practitioner.

Interpretations of these statements may be issued as guidance to assist in understanding and applying the statements. The STSs and their interpretations are intended to complement other standards of tax practice and general statements issued on Tax Practitioner Conduct and disciplinary procedures by SARS from time to time.

Download the CIBA Tax Standards here:

• STS 100 - Pervasive Standards
• STS 110 - Non-compliance with laws and regulations
• STS 120 - Personal competencies and skillset
• STS 130 - Ethics and ethical constraints
• STS 200 - Standards of engagement performance
• STS 210 - Client and engagement acceptances and continuation
• STS 220 - Quality deliverables
• STS 230 - Form and content of advice to taxpayers
• STS 240 - Engagement hand over to other tax professional
• STS 300 - Standards of interaction with third parties
• STS 310 - Interaction with third parties
• STS 400 - Standards governing referral
• STS 410 - Evaluation of involvement of external specialist

Relevant laws and regulations

Relevant laws and regulations that establishes the appointment of tax practitioners:

• Tax Administration Laws and guides.
• GEN-AU-14-G01 – Guide on access to audit files – External guide
• GEN-GEN-08-G01 – Reporting Unprofessional Conduct – External Guide
• GEN-GEN-21-G01 – Criteria for the Recognition of Controlling Bodies – External Guide
• Reporting unprofessional conduct of a tax practitioner.
• Register as a tax practitioner.
• Confirming tax practitioner registration.

Opportunities for designated CIBA members

Only tax practitioners area allowed to provide tax services

The Tax Administration Laws specifies that only tax practioners that are registered with SARS and an RCB such as CIBA my provide tax services to clients.

There are more than 6,3 million personal income tax filers, and 539 000 corporate tax filers in South Africa.

As a CIBA licensed tax practitioner these are now your potential clients.

Everyone wants to increase fee income and build a successful accounting and tax practices. It gives you self-confidence and helps you take care of your family.

As a CIBA licensed tax practitioner you can provide services related to all of the following tax types:

• Air Passenger Tax
• Capital Gains Tax
• Corporate Income Tax
• Diamond Export Levy
• Dividends Tax
• Donations Tax
• Estate Duty
• Excise Duties and Levies
• International Oil Pollution Compensation Fund Levy
• Mineral and Petroleum Resource Royalty
• Pay As You Earn
• Personal Income Tax
• Provisional Tax
• Securities Transfer Tax
• Skills Development Levy
• Transfer Duty
• Turnover Tax
• Unemployment Insurance Fund
• Value Added Tax
• Withholding Tax on Interest
• Withholding Tax on Royalties

What CIBA needs to do

CIBA is a Recognised Controlling Body (RCB) for tax practitioners. As an RCB we are required to monitor and sanction compliance to standards of member conduct. We perform this function by ensuring compliance by our members to the SARS tax practitioner requirements, and the CIBA Tax Standards. We offer CPD and training courses to help guide members with their everyday challenge in the workplace. We lobby government and SME associations to allocate work to CIBA licenced tax practitioners. We support our licensed tax practitioners with amazing resources and benefits. Support includes:

Advantages of obtaining a CIBA Tax License

CIBA rewards members for their ethical conduct. In addition to the rewards associated with a designation, CIBA tax practitioner license holders are also allocated the following rewards:

1. Tax Knowledge Base:
• Access to 2,500+ corporate tax opinions prepared master tax practitioners. Fully searchable and can be downloaded and presented to your clients. Charge an additional fee by offering clients tax opinions using the tax knowledge base.
• Test your knowledge by doing online quizzes and gain CPD points.
2. SARS, UIF, Compensation Fund system operational support provided by a BAP(SA). License holders should submit their queries through technical@saiba.org.za. This is not an intime solution, and queries are used to create a best practice library to provide guidance on operational matters
3. Monthly communication and updates on tax topics.
4. Informal discussions and chats between licensed tax practitioners to share best practice, ideas and opportunities.
5. Informal discussions and chats between licensed tax practitioners to share best practice, ideas and opportunities.

What you need to do

Study the requirements to obtain a CIBA tax license.

CIBA issues Tax Standards to guide your professional tax engagements.

The firm should study any relevant laws, regulations, founding documents or contract terms to determine the qualifications of the persons required to perform the engagement, prior to performing the engagement.

Members are required to register with www.saiba.academy and read www.accountingweekly.com to stay updated and do a specialist license to unlock additional advisory work.

In summary you can:

1. Do a google search to identify the types of companies that are likely to need this particular service.
2. Write an email or letter to them and explain how you can help them.
3. Do the CIBA CPD and relevant license related to the particular service.
4. Perform the service for your new client.
5. Alternatively contact a CIBA Strategic Alliance partner.