THE PARADOX OF VOLUNTARY DISCLOSURE: AI, SARS, AND THE FEAR FACTOR
In an era defined by rapid technological advancement, the concept of “voluntary disclosure” is experiencing a seismic shift. Taxpayers, who once viewed the opportunity to come forward and declare financial irregularities to the South African Revenue Service (“SARS”) as an empowering choice, are now faced with a pressing dilemma: Are these disclosures genuinely voluntary, or […]
CONCOURT ON BONA FIDE INADVERTENT ERROR AND USP’s
The eagerly anticipated Constitutional Court judgment in Thistle case[1] has been delivered. Unfortunately, though, the court did not consider the meaning of the words “bona fide inadvertent error” because the court did not grant SARS leave to cross-appeal the judgment of the SCA insofar as USP’s are concerned. The question then is, where does that […]
TAX DISPUTES: SARS MUST ALSO COMPLY WITH THE RULES
When entering into a tax dispute with SARS, taxpayers are often reminded by SARS of the very strict time periods and prescribed rules and procedures that must be followed by the taxpayer. And yes, taxpayers should comply with the procedures and time periods as failing to do so is likely to result in adverse consequences […]
TAX LAW IN ACTION – LATE OBJECTIONS AND EXCEPTIONAL CIRCUMSTANCES
An individual taxpayer recently realised that he should have been assessed to a refund in respect of his 2017 year of assessment. This is associated with the so-called “183/60 day exemption”. Instead of a refund, SARS assessed the taxpayer to a liability. The trouble was that the assessment against which an objection lied was more […]