MOSSEL BAY NEWS - Mossel Bay Municipality's portfolio chairperson for Finance, Alderman Mark Furness, and a co-accused Marie Francis made a first appearance in the George Magistrate's Court today, 4 February.
The charges against them are tax related and involve the business, Bardins Jewellers. Furness and Francis have 75% and 25% interest in Bardins respectively.
Fourteen counts of tax-related offences, going back to 2020, were brought against Furness, Francis and Bardins Jewellers (the business is considered a "juristic person" and therefore represented by Furness and Francis).
The legal representative for the accused requested a postponement of the case in order to obtain copies of the docket as well as for consultations. The case was postponed to 7 March, when the accused will appear in the George Magistrate's Court again.
Bardins is accused one in the case, while Furness is accused two and Francis is accused three. The 14 counts are applicable to different accused and are as follows:
• Count one: Failure to appoint a representative taxpayer from 23 March 2023 (Furness and Francis).
• Count two: Failure to submit an income tax return for the year 2020 (all accused).
• Counts three to five: Failure to submit income tax returns for the years 2021-2023 (all accused).
• Counts six to nine: Failure to submit value added tax returns for December 2022, February 2023, April 2023 and June 2023 (all accused)
• Counts 10 to 14: Failure to submit pay as you earn (PAYE) returns from March 2023 to July 2023 (all accused). PAYE is the tax deducted on a monthly basis from each employee's salary.
The penalty for each count, should an accused be convicted, is a fine or imprisonment for a period not exceeding two years.
In a joint statement issued about two weeks ago by Furness and Mossel Bay mayor, Dirk Kotzé, it was stated that "Furness confirms the allegations concern the late submissions of business tax that should have been submitted by a third party on his business' behalf".
Furness said then he hoped to work with the South African Revenue Service (SARS) "and find an amicable solution, as soon as possible".
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