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SARS Disputes, Objections or Appeals
What is subject to a dispute with SARS either by means of an objection or an appeal?
- A taxpayer who feels that he is agrieved by any SARS assessment may object or create a dispute against any SARS assessment
A SARS assessment is the determination of an amount of tax liability or tax refund, by way of self assessment by the taxpayer or assessment issued by SARS.
All SARS assessments bear within the notes of the SARS assessment, the allowed time frame granted to the taxpayer to lodge any dispute against that SARS assessment. This time frame must be adhered to, however in special circumstances and with certain acceptable reasons to SARS, an application may be made to SARS to allow the dispute after this required time frame indicated on the SARS assessment has expired.
It is in the interest of all taxpayers to retain the services of a reconised tax professional to assist with any SARS dispute, as this is a legal process and mistakes with any SARS dispute can have vast effects to the taxpayer’s tax position and cannot be easily reversed except through the process of appeal through the Tax Court.
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As with any industry, our business activities are regulated by SARS. In order to remain compliant with SARS and to ensure that we provide a service that is based on the rules and legislations as set out in the Republic of South Africa, we belong to the following professional bodies:
South African Institute of Business Accountants (SAIBA)
South African Institute of Tax Professionals (SAIT)
South African Institute of Professional Accountants (SAIPA)
Sage Pastel Bookkeepers Forum
SARS Disputes, Objections & Appeals
Disputes are not a “quick fix” to not paying the taxes, but more on the basis of information, that the Tax Authorities have ommitted to take into consideration or any supporting documentation or declaration, that may have an impact of the taxpayer’s taxable situation for the tax year or either party have not interpreted the relevant Tax Law as the taxpayer may have intended them to do so.
All supporting documentation plus explanation for the reasonable grounds for this dispute must be provided to the tax professional beforehand to enable the tax professional to evaluate the circumstances and approch to the dispute as no two disputes are the same and are unique to the tax payer and tax position.
Tax professionals must be qualified and have a vast knowledge of Tax Law. The Tax Administration Act states that a tax practitioner / professional must belong to a tax professional body which is reconised by the Tax Authority (SARS). The tax professional must and be also reconsied by the tax authority as a tax professional/ practitioner before preparing any tax returns or disputes on behalf of any taxpayer.