Does anyone know what happened to the Association’s firm intent to sue us as soon as subscriptions were due in February? I know that I have not received a summons yet, how about you?
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19 users commented in " Anyone been sued yet? "
Follow-up comment rss or Leave a Trackbacknope, still waiting…
has the mdga registered for income tax yet? it’s been how long now, let’s see, a year and a half since the office bearers applied for exemption. how about an update – leon? not getting tax exemption isn’t license to simply not register as a tax payer. hope the office bearers have taken note of the hefty new penalties for non-compliance… members should be kept informed – or is this too much to ask?
Only paid up members should be kept informed is the correct statement
Not getting tax exemption isn’t license to simply not register as a tax payer – why not.
If you earn less than R50000 a year like me then you do not need to pay tax – not so.
The MDGA is not a business nor an individual so why must they pay tax.
Maybe you can highlite why they must register.
I did reply but my comments was removed by the webmaster.
Maybe did not like the comments I posted
Leon
No comment of yours has being removed,edited or otherwise by myself or partner. Please resubmit this comment in question and I/we will insure it is posted!!!
Warren
Hi Leon.
I would suggest that you read the article by Clint Ridden on page 5 of Paddocks Press, June 2007 edition which can be found here: http://www.ghostdigest.co.za/PDF/PaddocksPressJune2007.pdf
I would like to draw your attention to the following paragraph: “This could have financial implications for body corporate, but the consequences of SARS catching up with the body corporate are far more severe. Firstly, the tax penalty could be as high as 200%. Secondly any request for penalties to be waived would be ignored, and thirdly, the trustees could find themselves facing criminal prosecution.”
Please keep in mind that whatever goes for bodies corporate, applies equally to a home-owners’ associations.
But hey, good luck telling SARS that they don’t have the right to tax the Association since, in your opinion, the Association is neither a business nor a person.
In this world nothing is certain but death and taxes. – Benjamin Franklin
Home PC browser did not refresh so I did not see my comments. Upgraded so now it works.
I did read Paddocks Press, June 2007 edition and it is quite interesting. The only problem is that we do not have trustees or directors but committee members voted in by the owners of the Marina.
Will go to SARS next week and find out if the above is true though.
I doubt whether SARS is going to differentiate between trustees, directors, or executive committee members. You see, directors and trustees also get voted in by owners. Bottom line is that you have assumed the fiduciary obligation when you accepted the job, so you could be held jointly and severally liable for any infringements of the law.
Well done for taking this seriously, though.
Now I believe SARS would say the following:
1. You get more than R50 000.00 per year – much more.
2. You have no common property which has to be maintained.
3. What do you use the money for?
4. Why should we consider you tax exempt, or even a home-owners’ association for that matter?
Leon, Leon, Leon, how do I explain this? An association of persons is > 1 person. Therefore an association of persons can not possibly qualify for the rebates applicable to individuals (an individual = 1 person). Certain associations such as HOA’s do qualify for certain rebates and/or exemptions, but alas such associations must meet certain criteria determined by SARS from time to time. And from the look of things the MDGA doesn’t quite cut it. SARS’ new penalties for non-registration, non-submission of returns, late payments etc are no laughing matter. If I was on Excom I’m not sure I’d be sleeping all that well. I mean it’s not like Excom hasn’t been warned over the years so now it’s just plain negligence.
Hi Leon
Has SARS been of any help yet?
Yohoo, Leon. Has SARS confirmed yet what the experts had to say, and have you taken any steps yet to have your own little club registered?
After last nights long meeting I can sleep much better. Everything is in order and proven and I mean everything. I can not say anything yet as there is a legal issue pending with the opposers. All will be revealed soon to all paid up members. Unfortunatly non payers will have to wait until the AGM where the info will be made public.
At this years AGM the chairman is going to try his best to give out all of the above info in a manner that everyone will understand and in order. Eveything that has been an issue for the last 2 years will be proven with out a doubt – even the legal stuff. So come and join us there round about in November again.
With regard to my little club all is fine at SARS. All the owners of the club can sleep well.
Leon, we’re not interested in tea party discussions – the association has been wrong before. We just want to know what SARS says…
Use your resources and find out by your buddies at SARS and hear what they have to say. My lips are sealed
Oooh don’t tell us that you guys still have to sign oaths of secrecy? Gosh, I suppose some things never change…
Incidentally, I did hear from a little birdie not too long ago that SARS’ Exemption Unit is still waiting for answers to some questions…other than that they know nuuuthing.
As for those niggly ‘legal issues’ you refer to doesn’t it make sense to share your secret information with ‘the opposers’? I mean that’s generally what people do in a legal dispute, isn’t it? Leon, you aren’t really going to make them wait until November are you?? That’s just plain nasty.
To achieve the impossible dream, try going to sleep. ~ Joan Klempner
Just be careful. Homeowners association that earns over R1m must also register for VAT. (see VAT news July 2005)
Secrecy
R50 pm x 1300 x 12 = lots of money
It’s clear as daylight to see that the residents are this club’s cash cow and they will do anything in their power to keep sapping your money. Good luck in forcing membership to become voluntary and stomping these parasites. Once it’s done I might just buy there.
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