2023 Tax Filing Season: Important Dates and Guidelines
The 2023 filing seasons covers the period 1 March 2022 to 28 February 2023. The 2023 tax filing season opens on 7 July 2023. Since the introduction of the Tax Administration Act, SARS are far stricter with its compliance requirements which have created a need for more stringent checks and controls on the returns we […]
Disclose your defaults before SARS finds them!
A grim warning for South African taxpayers Long gone are the days when tax fraudsters could run circles around SARS, which has intensified its efforts to crack down on tax evasion by pursuing criminal action against non-compliant taxpayers. One example is when SARS came knocking on the door of a private hospital and its director, […]
Correction of an assessment: Section 93
As portrayed in the Tax Administration Act No 28 of 2011 (TAA), the dispute resolution rules lay out the legal framework to be followed by both the taxpayer and the South African Revenue Service (SARS) to resolve disputes. Section 93 of the TAA lists a number of circumstances under which SARS can reduce a taxpayer’s […]
Condonation for the late filing of legal documentation depends on the facts of your case
Condonation for the late filing of legal documentation depends on whether the interests of justice will be served by the court granting such condonation In taxpayer M v CSARS (Case Number VAT1826) heard by the Gauteng Tax court, Windell, J handed down an important decision regarding the validity of a default notice (and the resultant impact on […]
Beware the ‘Ides of SARS’
Telephonic audits are on the rise “A soothsayer bids you beware the ides of March”. These famous Shakespearean words forewarning the misfortune of Roman emperor Julius Caesar (which Caesar ultimately ignored and led to his demise) may not be as archaic as appears at first sight—especially in the realm of tax, and when SARS’ new […]
Knowing your rights when it comes to taxes
Since the introduction of the Tax Administration Act in 2011, which aimed to consolidate most of the administrative matters in tax acts, taxpayers have become ever more aware of their rights in dealing with the South African Revenue Service (SARS). There has also been a significant increase in the number of cases in the Tax Court (as […]
Is your disclosure “voluntary”?
In December 2021, the Supreme Court of Appeal (SCA) handed down a judgment dismissing an appeal against a decision of the Tax Court. The issue before the SCA was whether the South African Revenue Services (SARS) was correct in rejecting Purveyors South Africa Mine Services (Pty) Ltd’s (Purveyors) Voluntary Disclosure Programme application (VDP application) for […]
Disputing SARS decision and assessments
A taxpayer who is aggrieved by an assessment or decision of SARS against that taxpayer has the right to dispute that assessment or decision. If an original assessment has not been issued, SARS may request a taxpayer to submit an amended return to correct an undisputed error made in the prior return. In the case […]
Is it time for SARS to end arbitrary tax and VAT inquiries?
The Tax Administration Act provides for the audit and verification of taxpayers’ tax returns for all taxes administered by the Commissioner for the South African Revenue Service (SARS). In many instances, such requests for information are general, boiler-plate letters received by taxpayers, not indicating specifically what additional information SARS requires in the circumstances and which supporting […]
Tax Season 2021
2021 TAX FILING SEASON THE 2021 FILING SEASONS COVERS THE PERIOD 1 MARCH 2020 TO 28 FEBRUARY 2021 The 2021 tax filing season opens on 1 July 2021. Since the introduction of the Tax Administration Act, SARS are far stricter with their compliance requirements which has created a need for more stringent checks and controls […]