What We Offer
Importer and exporter registrations with SARS;
Registrations for companies as cryptography providers in South Africa;
Registrations for manufacturers with SARS;
Registrations in respect of bonded warehouses with SARS, including rebate stores;
Tariff determination applications;
Consulting work in respect of any issue arising from the Customs and Excise Act No 91 of 1964;
Consulting work in respect of intended importation or exportation of products;
Related litigation work – if SARS decisions are required to be appealed internally or taking on review in terms of the Promotion of Administrative Justice Act;
General commercial work related to litigation, consulting, and contract drafting;
Applications to ITAC;
Assisting with SARS audits falling under the Customs and Excise Act No 91 of 1964;
Maritime Law disputes;
Disputes between logistics companies, depots, container operators, and clearing agents.
What We Do
The practice assists clients such as importers, exporters, manufacturers, distilleries, bonded warehouses, logistics companies, container depots and clearing agents., and has to date been briefed with the following types of matters, tariff determinations, assisting with SARS audits, opposing the results of SARS audits, dealing with vehicles, and goods detained or seized in terms of the Customs and Excise Act No 91 of 1964, dealing with disputes between the types of clients listed above, registering clients in terms of the Customs and Excise Act.
The practice further conducts internal appeal applications and alternative dispute resolution matters in terms of the Customs and Excise Act and when not successful proceeds to litigate, where appropriately in terms of the Promotion of Administrative Justice Act.
Pahad Attorneys’ fee structure is kept simple with Arshad charging an hourly rate for his work, which depending on the circumstances may be amended to suit the amounts demanded by SARS. This fee excludes disbursements for printing, sheriffs fees and similar items.
For the registration of importers, exporters, distilleries, rebate stores and similar item a flat fee is usually discussed with a deposit of half paid with the remainder on completion.
For all other work a deposit must be paid into our trust account before work begins and an upfront fee of R2500 is charged for the first consultation irrespective of time. Payment is made before the consultation.
There are importers, exporters and manufacturers that tend to attempt to use other practices where they are promised that the practitioner in question has “contacts” with appropriate members of the South African Revenue Services. From our experience this is a costly falsehood. The Customs and Excise Act, created in 1964, with many rules and regulations sets out the processes that must be followed. Contacts will not assist, what is required is an attorney that understands what has transpired, understands how the Customs and Excise Act functions, and has the ability to deal with the facts, the numbers, and the particular goods – Arshad prides himself on his ability to do so.
The practice further assists its clients with general litigation and commercial matters, related to their work. This type of work includes contract drafting and general litigation.
Should you have a query particularly in respect of commercial work and the Customs and Excise Act, please do contact Arshad, who will gladly advise if he can assist.
Why Use An Attorney
The Customs and Excise Act is particularly onerous. Not only that but SARS have admitted, in current litigation, that they do not have the capacity to enforce the Act. This has allowed for a multitude of fraudulent actions having taken place on the part of clearing agents, importers and exporters, leaving many innocent parties open to having pay duties, VAT and penalties due to certain provisions contained in the Customs and Excise Act.
SARS simply ignores the fraudulent behaviour and sets its sights on the innocent party due to the provisions contained in the Act, and simply goes for whomever it decides has the funds capable of paying the alleged debt.
In these circumstances an attorney that understands the ins and outs of the Customs and Excise Act is a must, not only after an audit, seizure or detention of goods, but pre-emptively in order to limit risk in this particular industry.
It must also be noted that there have been circumstances when SARS’s employees attempt to illicit bribes – or colleagues have been rumoured to have contacts. This is particularly dangerous, and there is absolutely no need to go this route. All one has to do is have a competent attorney follow the processes contained in the Customs and Excise Act.
While this may appear “costly” at first glance, it is a far more guaranteed and permanent solution to whatever issues may arise in terms of the Customs and Excise Act.
In short, whether, you’re importing, exporting, running a container depot, or a bonded warehouse, or a distillery, contact us to ensure that you comply correctly with the Customs and Excise Act.