The South African Revenue Service (Sars) has submitted a claim of R183-million against the estate of slain tycoon Brett Kebble, the Cape Times website reported on Tuesday.
The paper said it has obtained a copy of Sars’s claim to the estate of Kebble, who was gunned down in Johannesburg in September last year.
It has also learnt that Sars is about to open a fraud docket against Kebble.
This relates to his use of another registered taxpayer’s value-added tax (VAT) number to claim back VAT falsely, even though he was not registered himself.
Kebble left his entire estate, estimated by his executors to be worth about R40-million, to his wife, Ingrid.
Police are still searching for his killers.
Sars spokesperson Adrian Lackay confirmed that Sars has submitted a claim against Kebble’s estate.
He said it will be up to the executor of Kebble’s estate and the Master’s Office to decide on the further execution of the claim.
”In general, Sars is seen as a preferred creditor,” he said.
Letter from Sars
In a confidential letter filed with the mining magnate’s will at the Master of the High Court’s offices in Cape Town, Sars informs the executor of Kebble’s estate that the preliminary claim submitted by Sars is R183 600 483,19 for unpaid income tax, pay-as-you-earn taxes and VAT.
According to the documents at the Master’s Office, executor Jeffrey Closenburg confirmed the receipt of the claim documents from Sars. Closenburg may object to this claim.
The letter states that Sars has taken into account that Kebble made some payment towards these outstanding taxes.
Sars started investigating Kebble in late 2001 for failing to submit proper and complete tax returns. According to the letter, Kebble’s tax returns were mostly incomplete.
Because of his complex business affairs and generally uncooperative attitude, the investigation’s progress was continually hampered.
In the letter, Sars details its 12-year-long battle to make Kebble submit his income-tax returns on time. At the time of his death, Kebble had not filed tax returns for the financial years ending February 2004 and 2005.
Sars also says Kebble paid R974 151,16 in arrear taxes.
According to a schedule attached to the letter, Sars estimates Kebble had a taxable income of R349-million between 1996 and 2006. The letter also claims that Kebble’s estate owes the receiver R2,3-million in pay-as-you-earn taxes.
It further states that Sars was informed in September last year that Kebble was in financial trouble and that he was busy selling some assets to make a R4-million payment towards the R12-million VAT he owed the receiver. However, Sars has received nothing yet.
‘Missing’ money
On Monday, Business Day reported that assets of Rand Gold & Exploration worth more than R2-billion were sold during Kebble’s last year as chief executive. It said the proceeds of these sales could not be traced.
These details emerged partly from pre-liquidation applications brought in the Johannesburg High Court by Rand Gold & Exploration. The purpose of the applications was to recover money or trace assets that went ”missing” during Kebble’s tenure.
A search of share registers by Business Day suggested stock previously held by former Kebble companies had been sold. A new disclosure suggested criminal action may follow against former executives, the daily said.
A forensic audit is still under way at Rand Gold & Exploration and JCI, which Kebble quit in August. — Sapa