Finance

SARS coming after taxpayers who do two things

SARS will soon receive detailed, standardised data on taxpayers’ crypto and offshore financial activity, making non-disclosure or incorrect classification far easier to detect and increasing the risk of audits and penalties.

Tax Consulting SA’s Team Lead of Tax Legal, Micaela Paschini, noted that from 1 March 2026, global reporting standards will reach your digital and cross-border wealth.

“If you hold crypto through offshore structures, trade on foreign exchanges, or maintain cross-border financial interests that have not been carefully disclosed and classified, the risk landscape has shifted materially,” he warned.

“SARS has now released the final Business Requirement Specifications for the Crypto-Asset Reporting Framework and the enhanced Automatic Exchange of Information regime, effective 1 March 2026.”

Paschini explained that these frameworks formally integrate crypto transactions and offshore financial data into the same global transparency architecture that already captures traditional banking activity.

“The Crypto-Asset Reporting Framework requires crypto-asset service providers to collect and transmit detailed user and transaction information in a standardised, internationally aligned format,” Paschini said.

“Disposals, conversions, transfers, and account identifiers are no longer fragmented pieces of information. They form part of a reporting system designed for automated exchange and analysis.”

Simultaneously, Paschini noted that the expanded Automatic Exchange of Information regime strengthens the cross-border flow of financial data between jurisdictions.

“Offshore financial institutions continue reporting into global systems to which SARS is connected. Crypto activity and foreign financial accounts now sit within a coordinated international data architecture,” he said.

“The notion that offshore or digital activity exists beyond meaningful tax visibility is increasingly untenable.”

He added that the burden of proof remains on the taxpayer, particularly where income, capital gains or source must be substantiated.

However, what changes under this regime is the taxman’s ability to identify discrepancies without relying on guesswork.

“Once transaction-level data is transmitted in a structured format, SARS can reconcile declared income against reported activity with far greater precision,” Paschini said.

“Risk profiling accelerates. Audit selection becomes more targeted. Patterns of non-disclosure stand out.”

Paschini warned taxpayers who assumed that multiple wallets, foreign exchanges or layered structures would dilute traceability to reconsider that assumption.

Digital and offshore assets no longer invisible to SARS

Paschini explained that crypto gains are not automatically capital in nature. “In many instances, they may constitute revenue. In others, capital gains tax may apply,” he said.

“The legal analysis depends on facts, intention, and conduct. In an environment where SARS has enhanced access to underlying data, incorrect classification is more likely to be detected and challenged.”

Paschini cautioned taxpayers that uncertainty is no longer a neutral position, since it now carries measurable exposure.

“Where historic crypto or offshore activity has not been properly declared, a proactive review is advisable. The Voluntary Disclosure Programme provides an avenue to regularise non-compliance before SARS initiates enforcement,” he said.

“Once SARS approaches a taxpayer armed with structured third-party data, the negotiating position narrows significantly. Understatement penalties, interes,t and prolonged disputes can follow where positions cannot be defended.”

“South Africa is now firmly embedded in the global reporting network that captures offshore financial interests and crypto-asset activity with increasing precision.”

For taxpayers, Paschini stressed that the days of assuming that digital equals invisible or offshore equals insulated are ending.

“The critical question is whether your declared tax position aligns with the data SARS will receive. If there is doubt, the time to address it is before the reporting framework begins operating in full.”

Newsletter

Top JSE indices

1D
1M
6M
1Y
5Y
MAX
 
 
 
 
 
 
 
 
 
 
 
 

Comments