1. SARS cannot speak to the specifics of a particular case. However, the legal position is that a Public Benefit Organisation (PBO) approved by the Commissioner under section 30 of the Income Tax Act, must conduct one or more Public Benefit Activities (PBAs). These activities are listed in the Ninth Schedule to the ITA. In general, these activities must be conducted in a manner referred to in section 30 of the ITA i.e.
In determining whether a PBO is conducting the activities as required in law, SARS will consider the merits of each case on the facts and within the framework of the legal provisions available.
2. to reassure the Honourable member that SARS addresses all non-compliance irrespective of who the taxpayer may be without fear, favour or prejudice. Again, SARS cannot speak to the specifics of a particular case. However, where it is discovered that any PBO has contravened the conditions of its approval as stated in law, its exemption will be taken on review and, if necessary, withdrawn and subjected to related tax consequences. All other sanctions available to SARS through the Tax Administration Act also apply to PBOs. Such measures available to SARS include conducting of audits and other administrative actions. In executing its legal mandate, SARS deals with all acts of non-compliance by any PBO without fear, favour or prejudice.