24/06/2021
When SARS issues an unfavourable assessment, there are many aspects to consider in preparation for a dispute, including how to deal with the “pay-now-argue-later” rule, and what the appropriate forum for the dispute is. The following options are available to you as the taxpayer:
Suspension of payment – the various forums and important criteria to consider when applying for suspension of payment, negotiating with SARS, and judicial remedies where SARS refuses to suspend payment of a disputed amount.
Requesting reasons for an assessment – considering the tactical merits and outcomes of requesting reasons before lodging an objection to an assessment.
Disputes regarding the limitation period (section 99(2) of the TAA) – when can SARS make use of this section, and how can taxpayers manage and mitigate risks around "prescription"?
The Objection and Appeal process – timelines, the requirements for a valid objection and appeal, the role requesting a reduced assessment, and practical/strategic tips for success.
Judicial remedies where SARS fails to comply with dispute processes, obligations and timelines.
The pros and cons of the Alternative Dispute Resolution (ADR) process – costs, the purpose and nature of proceedings, and how to prepare for an ADR meeting with SARS.
How to negotiate a settlement with SARS.
For more information contact us with any tax issue, let us help you.