Furness gives comment on tax case after plea of guilt with State

MOSSEL BAY NEWS - The tax-related case involving accused Bardins Jewellers and Mark Furness came to a close following a plea and sentence agreement signed with the State.

Furness is the Mossel Bay Municipality’s portfolio chairperson of Finance and a Ward 6 councillor, but was charged in his personal capacity.

Furness (acting on his own and the business' behalf) appeared in the George Magistrate's Court for the first time on 4 February last year, facing 14 counts of tax-related offences dating back to 2020.

The charges were brought against Furness, Marie Francis (now deceased) and Bardins Jewellers.

Furness and Bardins' plea agreement was finalised and signed on 11 December. Mossel Bay Advertiser obtained a copy of the agreement this week.

Furness pleaded guilty on all counts against him as well as all counts against the business.
• Count one: Failure to appoint a representative taxpayer from 23 March 2023.
• Count two: Failure to submit an income tax return for the year 2020.
• Counts three to five: Failure to submit income tax returns for the years 2021-2023.
• Counts six to nine: Failure to submit value-added tax returns for December 2022, February 2023, April 2023 and June 2023.
• Counts 10 to 14: Failure to submit Pay As You Earn (Paye) returns from March 2023 to July 2023.

Bardins was sentenced on 13 counts, each of which received the same sentence: a R6 000 fine. This was wholly suspended for five years.

Furness was sentenced on 11 counts, each of which received the same sentence: a R6 000 fine or 12 months' imprisonment for each count. Of this, R2 000 or four months was suspended for five years. This brings his fine amount to R44 000.

"I have decided to enter a plea of guilt to bring the matter with Sars to a final conclusion," Furness said when asked for comment on the case.

"At no stage was there any malice or intention to contravene regulations in relation to the late submission of Sars filings. I reiterate that all matters relating to Sars are fully up to date, and there are no outstanding compliance issues."

Mitigating circumstances in the plea agreement include the fact that the accused is currently tax-compliant.

"This decision was made to put the matter to rest, particularly in light of the recent passing of my aunt and co-accused, Marie Francis. Her death, and especially the emotional impact it has had on me, my family and those close to us, was not something I felt justified in prolonging through continued legal proceedings. Therefore, I elected to pay the fine and bring this chapter to a close. My intention now is to move forward."

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