SARS can and will seize your passport if needed
SARS can seize passports and impose travel restrictions on tax dodgers, with the High Court ruling that these provisions are constitutional.
The South African Revenue Service (SARS) has been given extensive powers to tackle tax dodgers, including the ability to confiscate passports and impose travel restrictions.
The Tax Administration Act (TAA) explicitly states that a senior SARS official can require a taxpayer to surrender their passport to SARS. This should serve as a warning to non-compliant taxpayers who think they can outsmart the revenue service.
The TAA allows SARS officials to impose travel restrictions on expatriates travelling abroad on a South African passport and also block foreign passport holders from conducting business in the country.
For those already abroad, including expatriates who are still tax residents in South Africa, falling foul of SARS could see them end up having travel restrictions imposed on them.
Without a passport or with targeted travel restrictions imposed, a taxpayer cannot go anywhere before they have paid their dues to SARS.
The High Court in Pretoria recently ruled that these provisions in the TAA are constitutional, leaving taxpayers with little choice but to comply. The court also found that the limitations imposed on the taxpayer’s rights were reasonable and justifiable in an open and democratic society, given the importance of tax collections for the public interest.
SARS has reaffirmed its legal authority to discharge its work of collecting all revenue due to the state efficiently and effectively.
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The taxman also monitors South Africans' bank accounts to find taxpayers whose lifestyles don’t match their tax contributions.
With a record tax haul of R2.303 trillion in 2024/2025, SARS is determined to continue its efforts to boost state finances amid increased government spending and limited economic growth.
Taxpayers who don't comply with SARS may face severe consequences, including having their passports seized, travel restrictions imposed and businesses shut down.
Foreign nationals who fail to comply with South Africa’s tax laws may risk losing their work or residency visas, as well as access to local banking services.
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