{"id":33451,"date":"2022-11-09T16:49:25","date_gmt":"2022-11-09T16:49:25","guid":{"rendered":"https:\/\/www.africa-press.net\/namibia\/all-news\/trustco-fights-n305m-tax-bill"},"modified":"2022-11-09T16:59:24","modified_gmt":"2022-11-09T16:59:24","slug":"trustco-fights-n305m-tax-bill","status":"publish","type":"post","link":"https:\/\/www.africa-press.net\/namibia\/all-news\/trustco-fights-n305m-tax-bill","title":{"rendered":"Trustco fights N$305m tax bill"},"content":{"rendered":"

Africa-Press – Namibia. <\/strong><\/span>THE Namibia Revenue Agency (Namra) has agreed to withdraw notices through which it had bank accounts of the embattled Trustco group of companies blocked in an effort to collect more than N$305 million in taxes and interest from the group.<\/p>\n

Namra agreed to withdraw the notices after Trustco Group Holdings, run by its majority shareholder and founder Quinton van Rooyen, and 42 other companies in the Trustco group on Wednesday last week filed an urgent application against Namra, the government, the minister of finance, the attorney general, the commissioner of inland revenue and First National Bank Namibia.<\/p>\n

In an order issued by agreement between the parties in the application yesterday, judge Shafimana Ueitele directed that Namra should withdraw the notices it issued in terms of the Income Tax Act of 1981 and the Value-Added Tax Act of 2000, and may not issue new notices to the Trustco group pending the outcome of an application in which Trustco wants the court to declare that decisions preceding the notices infringed on its constitutional right to fair administrative procedure.<\/p>\n

Trustco is also asking the court to declare that sections of the Income Tax Act and the Value-Added Tax Act, which allow the tax authorities to declare an entity like a bank an agent for the collection of tax from funds held by it, are unconstitutional, and to refer those sections to the parliament to be rectified within a period of 12 months.<\/p>\n

Trustco Group Holdings’ executive financial director, Floors Abrahams, charges in an affidavit filed at the court that the decisions to demand that companies in the group should immediately pay their taxes and interest on their tax arrears were \u201cadministratively unfair, unreasonable, […] irrational, arbitrary\u201d and also in violation of the Constitution.<\/p>\n

He also says Trustco is \u201cgravely concerned\u201d about the timing of the decisions, which were taken at a time that the Trustco group and its Trustco Bank are embroiled in a dispute with the Bank of Namibia.<\/p>\n

The central bank on Wednesday last week filed a High Court application in which it is asking the court to order the winding up of Trustco Bank.<\/p>\n

The Bank of Namibia is alleging that Trustco Bank is insolvent and that Trustco Group Holdings, which is its only shareholder, is not financially in a position in which it can recapitalise the bank as had been directed by the central bank.<\/p>\n

Abrahams says Trustco is concerned that Namra’s decisions to demand the payment of tax and interest that it claims are owed by the Trustco group are part of a strategy to assist the Bank of Namibia in its attempt to have Trustco Bank liquidated, and that the decisions were thus taken for an improper or ulterior purpose.<\/p>\n

Trustco Group Holdings has also been involved in a dispute with the Johannesburg Stock Exchange (JSE), which on Monday suspended trading in Trustco shares.<\/p>\n

This was followed by a suspension of trading in its shares on the Namibian Stock Exchange as well.<\/p>\n

Trustco announced on Monday that it would now comply with a JSE directive to restate its financial results that were announced in 2019.<\/p>\n

PAYMENT DEMANDS<\/p>\n

In his affidavit, Abrahams says Trustco discovered on Tuesday last week that Namra had instructed the group’s bankers, First National Bank Namibia, to put Trustco’s bank accounts on hold.<\/p>\n

Abrahams says this was done without notice to Trustco, and the step left the majority of companies in the group unable to conduct their day-to-day business, including paying employees and creditors.<\/p>\n

Namra informed Trustco in a letter on 3 October that the group owed N$201,7 million in unpaid taxes, and also N$103,8 million in interest on those taxes.<\/p>\n

Namra also requested that companies in the Trustco group had to pay 30% of the capital amount owed to Namra by 10 October.<\/p>\n

In a follow-up letter on 20 October, Namra demanded that the Trustco companies should settle their outstanding tax bills, including penalties and interest, immediately.<\/p>\n

Abrahams says Trustco is disputing Namra’s calculation of the taxes owed by companies in the group.<\/p>\n

According to Trustco, if Namra had correctly set off tax credits owed to the Trustco group, the group would owe Namra only about N$7,8 million.<\/p>\n

He further says that, in line with its calculation of its tax arrears, Trustco paid an amount of nearly N$2,7 million \u2013 30% of the taxes that Trustco says it owes \u2013 to Namra on 11 October.<\/p>\n

From March 2020 to October this year,Trustco has paid nearly N$63,4 million to Namra, Abrahams says.<\/p>\n

He also says Trustco had an agreement with Namra that the group’s outstanding tax liabilities had to be paid only by the end of May 2023, and that Namra made an about-turn on this agreement without giving Trustco an opportunity to be heard.<\/p>\n

\u201cWhen Namra owed Trustco money, it did not repay Trustco, but was willing to set future taxes off against the refund that was due to Trustco,\u201d Abrahams says. \u201cBut now, when the position has changed, it immediately wants to recover payment in full from Trustco.\u201d<\/p>\n

Namra’s decisions \u201cdemonstrate a total disregard for the financial and economic impact of such a directive on the ongoing operations of the Trustco group of companies, and constitute irrational, arbitrary and malicious decision-making,\u201d Abrahams claims.<\/p>\n

Namra agreed to withdraw the notices after Trustco Group Holdings, run by its majority shareholder and founder Quinton van Rooyen, and 42 other companies in the Trustco group on Wednesday last week filed an urgent application against Namra, the government, the minister of finance, the attorney general, the commissioner of inland revenue and First National Bank Namibia.<\/p>\n

In an order issued by agreement between the parties in the application yesterday, judge Shafimana Ueitele directed that Namra should withdraw the notices it issued in terms of the Income Tax Act of 1981 and the Value-Added Tax Act of 2000, and may not issue new notices to the Trustco group pending the outcome of an application in which Trustco wants the court to declare that decisions preceding the notices infringed on its constitutional right to fair administrative procedure.<\/p>\n

Trustco is also asking the court to declare that sections of the Income Tax Act and the Value-Added Tax Act, which allow the tax authorities to declare an entity like a bank an agent for the collection of tax from funds held by it, are unconstitutional, and to refer those sections to the parliament to be rectified within a period of 12 months.<\/p>\n

Trustco Group Holdings’ executive financial director, Floors Abrahams, charges in an affidavit filed at the court that the decisions to demand that companies in the group should immediately pay their taxes and interest on their tax arrears were \u201cadministratively unfair, unreasonable, […] irrational, arbitrary\u201d and also in violation of the Constitution.<\/p>\n

He also says Trustco is \u201cgravely concerned\u201d about the timing of the decisions, which were taken at a time that the Trustco group and its Trustco Bank are embroiled in a dispute with the Bank of Namibia.<\/p>\n

The central bank on Wednesday last week filed a High Court application in which it is asking the court to order the winding up of Trustco Bank.<\/p>\n

The Bank of Namibia is alleging that Trustco Bank is insolvent and that Trustco Group Holdings, which is its only shareholder, is not financially in a position in which it can recapitalise the bank as had been directed by the central bank.<\/p>\n

Abrahams says Trustco is concerned that Namra’s decisions to demand the payment of tax and interest that it claims are owed by the Trustco group are part of a strategy to assist the Bank of Namibia in its attempt to have Trustco Bank liquidated, and that the decisions were thus taken for an improper or ulterior purpose.<\/p>\n

Trustco Group Holdings has also been involved in a dispute with the Johannesburg Stock Exchange (JSE), which on Monday suspended trading in Trustco shares.<\/p>\n

This was followed by a suspension of trading in its shares on the Namibian Stock Exchange as well.<\/p>\n

Trustco announced on Monday that it would now comply with a JSE directive to restate its financial results that were announced in 2019.<\/p>\n

PAYMENT DEMANDS<\/p>\n

In his affidavit, Abrahams says Trustco discovered on Tuesday last week that Namra had instructed the group’s bankers, First National Bank Namibia, to put Trustco’s bank accounts on hold.<\/p>\n

Abrahams says this was done without notice to Trustco, and the step left the majority of companies in the group unable to conduct their day-to-day business, including paying employees and creditors.<\/p>\n

Namra informed Trustco in a letter on 3 October that the group owed N$201,7 million in unpaid taxes, and also N$103,8 million in interest on those taxes.<\/p>\n

Namra also requested that companies in the Trustco group had to pay 30% of the capital amount owed to Namra by 10 October.<\/p>\n

In a follow-up letter on 20 October, Namra demanded that the Trustco companies should settle their outstanding tax bills, including penalties and interest, immediately.<\/p>\n

Abrahams says Trustco is disputing Namra’s calculation of the taxes owed by companies in the group.<\/p>\n

According to Trustco, if Namra had correctly set off tax credits owed to the Trustco group, the group would owe Namra only about N$7,8 million.<\/p>\n

He further says that, in line with its calculation of its tax arrears, Trustco paid an amount of nearly N$2,7 million \u2013 30% of the taxes that Trustco says it owes \u2013 to Namra on 11 October.<\/p>\n

From March 2020 to October this year,Trustco has paid nearly N$63,4 million to Namra, Abrahams says.<\/p>\n

He also says Trustco had an agreement with Namra that the group’s outstanding tax liabilities had to be paid only by the end of May 2023, and that Namra made an about-turn on this agreement without giving Trustco an opportunity to be heard.<\/p>\n

\u201cWhen Namra owed Trustco money, it did not repay Trustco, but was willing to set future taxes off against the refund that was due to Trustco,\u201d Abrahams says. \u201cBut now, when the position has changed, it immediately wants to recover payment in full from Trustco.\u201d<\/p>\n

Namra’s decisions \u201cdemonstrate a total disregard for the financial and economic impact of such a directive on the ongoing operations of the Trustco group of companies, and constitute irrational, arbitrary and malicious decision-making,\u201d Abrahams claims.<\/p>\n

For More News And Analysis About Namibia<\/a> Follow Africa-Press<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Africa-Press – Namibia. THE Namibia Revenue Agency (Namra) has agreed to withdraw notices through which it had bank accounts of the embattled Trustco group of companies blocked in an effort to collect more than N$305 million in taxes and interest from the group. Namra agreed to withdraw the notices after Trustco Group Holdings, run by […]<\/p>\n","protected":false},"author":84,"featured_media":33450,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,5],"tags":[234,236,233],"class_list":["post-33451","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-all-news","category-economy","tag-africa-press","tag-africa-press-namibia","tag-namibia"],"yoast_head":"\nTrustco fights N$305m tax bill - Namibia<\/title>\n<meta name=\"description\" content=\"THE Namibia Revenue Agency (Namra) has agreed to withdraw notices through which it had bank accounts of the embattled Tr ...\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.africa-press.net\/namibia\/all-news\/trustco-fights-n305m-tax-bill\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Trustco fights N$305m tax bill\" \/>\n<meta property=\"og:description\" content=\"THE Namibia Revenue Agency (Namra) has agreed to withdraw notices through which it had bank accounts of the embattled Tr ...\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.africa-press.net\/namibia\/all-news\/trustco-fights-n305m-tax-bill\" \/>\n<meta property=\"og:site_name\" content=\"Namibia\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/AfricaPressTunisiaa\" \/>\n<meta property=\"article:published_time\" content=\"2022-11-09T16:49:25+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2022-11-09T16:59:24+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/static.africa-press.net\/nambia\/sites\/29\/2022\/11\/postQueueImg_14-636bdc5853583.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"750\" \/>\n\t<meta property=\"og:image:height\" content=\"450\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"cfeditoren\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"cfeditoren\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"8 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\/\/www.africa-press.net\/namibia\/all-news\/trustco-fights-n305m-tax-bill#article\",\"isPartOf\":{\"@id\":\"https:\/\/www.africa-press.net\/namibia\/all-news\/trustco-fights-n305m-tax-bill\"},\"author\":{\"name\":\"cfeditoren\",\"@id\":\"https:\/\/www.africa-press.net\/namibia\/#\/schema\/person\/068c7ab4e9634ae78ec5d54ec46598bb\"},\"headline\":\"Trustco fights N$305m tax bill\",\"datePublished\":\"2022-11-09T16:49:25+00:00\",\"dateModified\":\"2022-11-09T16:59:24+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/www.africa-press.net\/namibia\/all-news\/trustco-fights-n305m-tax-bill\"},\"wordCount\":1702,\"commentCount\":0,\"image\":{\"@id\":\"https:\/\/www.africa-press.net\/namibia\/all-news\/trustco-fights-n305m-tax-bill#primaryimage\"},\"thumbnailUrl\":\"https:\/\/static.africa-press.net\/nambia\/sites\/29\/2022\/11\/postQueueImg_14-636bdc5853583.jpg\",\"keywords\":[\"africa press\",\"Africa Press-Namibia\",\"namibia\"],\"articleSection\":[\"all news\",\"economy\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\/\/www.africa-press.net\/namibia\/all-news\/trustco-fights-n305m-tax-bill#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.africa-press.net\/namibia\/all-news\/trustco-fights-n305m-tax-bill\",\"url\":\"https:\/\/www.africa-press.net\/namibia\/all-news\/trustco-fights-n305m-tax-bill\",\"name\":\"Trustco fights N$305m tax bill - 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