Find a tax attorney in South Africa: SARS disputes, objections and appeals, the Tax Court, voluntary disclosure, tax debt and the Tax Ombud.
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A tax attorney deals with SARS when the numbers are in dispute or the stakes are high: objections and appeals against assessments, alternative dispute resolution and the Tax Court, requests to suspend payment, voluntary disclosure of past non-compliance, tax debt compromises and deferrals, audits and requests for information, and the tax structuring of transactions, estates and emigration.
Objections and appeals are hourly, often with a fixed fee for the first stage. Tax Court litigation and voluntary disclosure applications are substantial pieces of work. Many tax attorneys work alongside your accountant, so agree who does what to avoid paying twice. Ask for the written estimate the Legal Practice Act requires.
General information about South African law and practice, not advice on your matter. The practitioners listed on this page give that advice.
A taxpayer may first request reasons and must lodge the objection within 80 business days of the assessment, or of the reasons if they were requested. SARS can extend the period on good cause. An appeal against a disallowed objection must be lodged within 30 business days of the disallowance.
In principle yes: the obligation to pay is not suspended by an objection or appeal. A taxpayer may however apply for suspension of payment, and SARS may not take collection steps from the date of the application until ten business days after it has decided on it. Interest continues to run on any amount ultimately found to be due.
A permanent programme under the Tax Administration Act that allows a taxpayer who is not under audit to disclose a default voluntarily. A successful application brings relief from understatement penalties and criminal prosecution, though the tax itself and interest remain payable. The disclosure must be complete and made in the prescribed form.
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