SARS Objections and Appeals
Can a taxpayer challenge SARS?
Yes – if SARS made a decision or raised an assessment that negatively affects the taxpayer. In fact, if you don’t challenge it, SARS may and often does proceed with collection steps. The current COVID-19 tax relief measures do not apply to assessed income tax (whether by way of original or additional assessment) or VAT (bar certain import VAT relief) and have very limited application to other taxes relative to all the types of taxes for which a taxpayer may be held liable. In addition, SARS seems to continue collection efforts (perhaps more so now).
There are no less than seven remedies that a taxpayer can rely on to challenge an assessment or decision raised by SARS.
If used properly, they can result in significant tax savings. If used improperly, they will amount to a waste of time and spilled cost, and SARS still pursuing collection steps.
With our founder, Nico Theron, having authored the book published by Lexis Nexis titled, Practical Guide to Handling tax Disputes, we know and understand all these remedies, when they are available, when not, the advantages and disadvantages of each, and how to use them in combination (where needed) to give your case the best possible chance of succeeding. We are also very familiar with typical mistakes SARS often make in raising assessments and how to ensure taxpayers don’t pay tax not assessed in accordance with the law. In addition, we can conformably deal with the ancillary tax issues associated with challenging an assessment such as suspension of payment, deferred payment arrangements and tax clearance issues. We have a 100% success rate on cases we have taken on against SARS through the objection and appeal process and have saved taxpayers millions in undue taxes, penalties, and interest.