What to Do If You Receive a Letter from SARS about Cryptocurrency

SARS has been increasing its focus on cryptocurrency taxation.

If you've engaged in crypto trading or investments, you may receive a "nudge letter" from SARS' Crypto Unit.

These letters are sent to encourage taxpayers to review their crypto tax compliance and to remind them of their obligation to declare any income or gains from cryptocurrency transactions.

This article provides some basic information on how to proceed if you received one of these letters, but it should not be a replacement for professional or legal advice. Make sure to read the conditions of your own letter carefully, as they may vary between recipients.

What is a SARS nudge letter?

A nudge letter is a formal communication from SARS intended to prompt taxpayers to assess and rectify any potential non-compliance issues voluntarily. In the context of cryptocurrency, it serves as a reminder to report all crypto-related income and gains on your tax return.

What should I do upon receiving a nudge letter from SARS?

It's important to act promptly:

• Respond within 21 days: The letter typically specifies a 21-day window for you to respond, however, the exact time frame may vary. It's crucial to follow the specific instructions in the letter you received.

• Review your tax compliance: Assess your crypto transactions to ensure you've accurately reported all income and gains.

• Consider the Voluntary Disclosure Program (VDP): If you find discrepancies or omissions in your tax filings, you may apply for SARS' VDP to rectify non-compliance with reduced penalties.

What happens if I ignore the nudge letter from SARS?

Failing to respond within the 21-day window may escalate the situation. SARS could initiate a full audit of your tax affairs. Additionally, your eligibility to apply for the Voluntary Disclosure Program (VDP) might be jeopardized, potentially exposing you to higher penalties and interest charges.

What is the Voluntary Disclosure Program (VDP)?

The VDP is a SARS initiative that allows taxpayers to voluntarily disclose any tax defaults to regularize their tax affairs. By applying for the VDP, you can rectify non-compliance related to your crypto transactions with reduced penalties and avoid potential criminal prosecution.

Should I seek professional assistance?

Yes, navigating tax compliance, especially with cryptocurrency, can be complex. Seeking advice from a tax professional experienced in crypto taxation can help you respond appropriately to the nudge letter and ensure that you are fully compliant with SARS' requirements.

How can I get assistance with my crypto tax compliance?

If you need help assessing your crypto tax obligations or responding to SARS' nudge letter, consider contacting a tax advisor or professional service specializing in cryptocurrency taxation. They can guide you through the process, assist with VDP applications, and help you avoid future complications.

Also consider using crypto tax software like Crypto Tax Calculator to analyse your transactions and recieve a report ready to submit to SARS.

Is it risky to ignore the nudge letter due to doubts about SARS' technical capabilities?

Yes, it's a dangerous assumption to dismiss the nudge letter based on perceived limitations of SARS' technical abilities. Ignoring the letter could lead to a full audit and more severe consequences. SARS is actively enhancing its capabilities to monitor and enforce tax compliance in the crypto space.

What is the main takeaway if I receive a nudge letter from SARS?

The key is to act promptly and responsibly. Respond within the specified timeframe, assess your tax compliance, and seek professional assistance if necessary. Proactive engagement with SARS can help mitigate potential penalties and demonstrates your commitment to fulfilling your tax obligations.

Sources SARS Media Release: SARS Warns About Crypto Asset Compliance SARS Crypto Assets Tax SARS Crypto FAQs (Reviewed 23 June 2021) SARS Voluntary Disclosure Programme

Disclaimer: This article is intended for informational purposes only and does not constitute legal or tax advice. For personalized guidance, please consult a qualified tax professional.