PAY ATTENTION TO SARS’ TIME PERIOD BREACHES
The tax dispute process is strictly regulated by the Tax Administration Act (TAA) and a set of rules. The TAA and the rules set out what a taxpayer must do and what SARS must do if the taxpayer challenges SARS. In addition, the TAA and the rules prescribe time periods for almost every step in […]
LATE OBJECTIONS – CONDONATION EXPLAINED
Objections are often submitted late and, as tax dispute resolution experts, Unicus has probably heard all the reasons for objections being late. Unfortunately, getting condonation from SARS for a late objection has become increasingly difficult, probably, in part, because of the relatively new 80-day time period for objections. Another reason we see for SARS’ refusal […]
I-CA(N)T BELIEVE THIS: RIGHT CONCLUSION, WRONG REASON (WITH RESPECT) AND TACTICS TO REFUSE A TAX DEDUCTION?
The High Court handed down judgment in the matter between I-CAT International Consulting (Pty) Ltd v CSARS [1] recently, in which the court had to determine whether an assessment had become prescribed in terms of the Tax Administration Act, 28 of 2011 (“the TAA”). This followed consequently upon an application brought by the taxpayer to […]
CAN YOU MESS UP A TAX DISPUTE?
Can you really mess up a tax dispute? At the end of the day, it’s just a document you need to submit to SARS and add a document or two. How hard can it really be? In fact, based on past experience, objections used to be smooth sailing (apart from time delays). One might therefore […]
CAN UNDERSTATEMENT PENALTIES BE GOOD FOR TAXPAYERS?
Most auditors and accountants know that SARS can open up assessments after they have prescribed, under certain circumstances – fraud, misrepresentation or non-disclosure of material fact. It is our experience, as tax dispute resolution experts, that when it comes to misrepresentation, SARS seem to believe a taxpayer misrepresented something when they can make an audit […]
ARE YOU COPING WITH ALL THE SARS AUDITS?
Many accounting/auditing firms seem to have noticed the increase by SARS in audits and additional assessments, especially following the repeal by SARS of the IT14SD. But what is more, is that the quality of SARS’ audits and the quality of their additional assessments seems to be improving. Given the increase in the quality of their […]
UNDERSTATEMENT PENALTIES: SARS’ BURDEN OF PROOF IS RELEVANT AFTER ALL (THANK GOODNESS!)
Some time ago we published an article titled: UNDERSTATEMENT PENALTIES: SARS’ BURDEN OF PROOF IS IRRELEVANT? – Unicus Tax Specialists SA in which we comment on the judgment of the tax court in LDC Taxpayer v CSARS (Case No: IT2488) (18 June 2021) (“the Tax Court Case”). In that article, we questioned how on earth […]
TAX PENALTIES: MORE GOOD NEWS FOR TAXPAYERS (The Coronation Case)
We recently published an article titled: “Tax Penalties: Good News for Taxpayers” that centered around the judgment in CSARS v The Thistle Trust (516/2021) [2022] ZASCA 153 (7 November 2022) (“the Thistle Trust case”). In the Thistle Trust case, the court held that the taxpayer’s reliance on a professional opinion exempted, by manner of speaking, […]
TAX PENALTIES: GOOD NEWS FOR TAXPAYERS
The Tax Administration Act, 28 of 2011 (“the TAA”) imposes an obligation on SARS to impose a penalty called an “understatement penalty” in the event that a taxpayer makes an understatement (for example by making an incorrect statement in a tax return). However, when, for example, an incorrect statement in a return is caused […]
A CURIOUS TAX COURT JUDGMENT: SCA SETS IT STRAIGHT
The SCA[1] recently upheld an appeal by SARS against a judgment of the tax court that Unicus Tax previously labelled: a curious tax court judgment. It turns out, taxpayers can’t rely on rule 42 of the tax court rules to circumvent provisions of the TAA… The facts of the case are briefly as follows: The […]