How to object to an assessment from SARS in four easy steps!

The SARS Dispute Resolution Process

Everything you need to know if you don't agree with SARS' assessments


The SARS Dispute Resolution Process eReport
Product Index

  • Important definitions
  • Three reasons for assessments
  • When does a tax dispute arise?
  • What happens with outstanding payments on assessed taxes?
  • Request for a payment suspension
  • When can SARS start collection proceedings?
  • What you can do if you don’t agree with SARS
  • SARS’ internal administrative dispute resolutions
  • Four steps to lodge your objection
  • Six steps to submit your appeal
  • The ADR process and how it works
  • SARS and settlements
  • The tax board
  • The tax court – your final authority
  • Checklist: Four documents to submit your objection
  • Checklist: Six documents to keep when you dispute SARS

Dear reader,

Have you ever been in a situation where you disagreed with an assessment SARS gave you?

Before I ask you what you did about it (if you did anything at all), did SARS:

Your answer I suspect, is “no”. And I’m not surprised. SARS usually doesn’t do this. But Section 42 of the Tax Administration Act says it should!

So what does this mean for you?

It means you couldn’t exercise your right to respond to SARS’ findings. So SARS takes your “silence” as agreement, and goes straight to an assessment. But if you had responded, you could’ve avoided the assessment altogether!

Having worked in Vat for over 24 years, I know SARS’ tricks inside and out.

So I’m going to show you how to object to SARS’ assessment in four easy steps. And, I’ll also tell you what to do if SARS tries to quash your objection or doesn’t follow the rules.



  YES! I want to win my tax dispute against SARS


Don’t just accept what SARS says as final!


I’m often surprised at the number of taxpayers who don’t want to fight a SARS assessment. They just let SARS have its way. Typically because they’re intimidated by SARS. Or worse, they didn’t know they could dispute an assessment.
 
But the truth is, SARS often makes mistakes with your tax and Vat returns. And when this happens to you, you’ll suddenly find yourself owing SARS money! So why not use the SARS dispute resolution process to get SARS to correct its errors?
 
You don’t need to spend thousands on tax consultants and lawyers, but you can deal with SARS yourself right here!
 
In fact, the Tax Administration Act says when it comes to SARS, there are two things you can dispute:
  1. An assessment; and
  2. A decision made by SARS.
If you don’t agree with SARS’ ruling, you can use the dispute resolution process like Pretoria East Motors did.
 


Pretoria East Motors didn’t bow to SARS assessment of R5 million, so why should you?
 

I recently came across a case where SARS raised several assessments on Pretoria East motors (PEM).
 
And SARS' rationale for the assessment - it says “many motor dealers often make mistakes”. So it decided to carry out extensive audits on Pretoria East Motors.

SARS found many things to pick on. It assessed PEM on nine separate items and said due to the number of disputes, PEM was trying to evade tax and slapped a fine of 200% on top!
 
But let me highlight the big one. SARS found a difference in PEM’s turnover on the Vat return and the turnover on their income tax return. It said PEM had under-declared sales of about R35 million in sales and didn’t pay Vat on it. SARS wanted the R5 million Vat.
 
But PEM wouldn't just accept SARS' assessment. They put in an objection. When SARS denied this, they appealed. Then they took the case to the tax Court...
 
At the tax Court, PEM argued that SARS had actually incorrectly treated vehicles taken off the floor to demo vehicles, and vehicles swopped with other dealers, as sales. So only R1 million output tax was payable! That’s R4 million PEM would’ve had to pay if it didn’t fight to correct SARS’ mistake!
 
And as for the rest of SARS assessments, the tax Court threw them out! Including that tax evasion claim and the 200% penalty!
So don't just accept assessments and penalties from SARS. Read on to discover the only tool you need to dispute SARS’ decision...



  YES! I want to win my tax dispute against SARS

Introducing the SARS Dispute Resolution Process eReport: Everything you need to know if you don’t agree with SARS’ assessments 


My colleague Alan Lewis and I have come up with the one eReport you need to fight SARS and win your tax dispute. In this eReport we’ll take you through every step of the process:


Important definitions you need to know
Three reasons SARS will give you an assessment
The “pay-now, argue-later” rule - what happens with outstanding payments on your assessed taxes
How to request a payment suspension
When SARS can start collection proceedings against you
SARS’ internal administrative dispute resolutions – what you can do if you don’t agree with SARS’ decision
Reduced assessments and withdrawal of assessments
Four steps to lodge your objection
Five requirements you must meet for a valid objection
Six steps to submit your appeal
The Alternative Dispute Resolution process and how it works
SARS and settlements – when can SARS choose to settle your tax dispute?
Taking your dispute to the tax board
The tax Court – your final authority
Checklist: Four documents to submit your objection
Checklist: Six documents to keep when you dispute SARS


  YES! I want to win my tax dispute against SARS


So how much is The SARS Dispute Resolution Process eReport: Everything you need to know if you don’t agree with SARS’ assessments worth?


I’ve spoken to my publishers at Fleet Street Publications and arranged a good deal for you. For the next 7 days, you can get The SARS Dispute Resolution Process eReport: Everything you need to know if you don’t agree with SARS’ assessments, at the low introductory price of only R999 excluding Vat (R1 138.86 Incl. Vat). But hurry, after that, it will go back to normal price.
 
And if you consider the tens of thousands SARS will make you pay if it assesses you, it’s a pittance in comparison.
 
Until next time,


 
Dee Bezuidenhout, The SARS Dispute Resolution eReport
 
P.S. Order The SARS Dispute Resolution Process eReport today and if after 7 days you don’t believe it has absolutely everything you need to know if you don’t agree with SARS’ assessments, then simply return it for a full refund, no questions asked!

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