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Request for Reasons SARS: Before Filing an Objection

An assessment notice can put immediate pressure on a taxpayer, especially when the reason for SARS’ adjustment is not clear from the notice itself. A finance lead may be staring at the figures and asking a simple but important question: did SARS make a factual mistake, apply the law differently, or leave out enough detail to make the assessment difficult to challenge properly?

Requesting reasons from SARS before objecting can be useful where the basis for the assessment is unclear. It is not, however, a routine box to tick before every SARS objection. The practical question is whether the taxpayer already has enough factual and legal detail to prepare a properly grounded dispute.

Why the reasons behind an assessment matter

A SARS objection is not a general expression of disagreement. It must be directed at the assessment or decision being challenged and should be supported by the facts, documents and legal basis that matter to the dispute. If the taxpayer misunderstands SARS’ reason for the adjustment, the objection may focus on the wrong issue.

For example, an assessment may reflect an additional amount due, but the notice may not make it clear whether SARS disallowed an expense because of missing evidence, because SARS took a different view of the law, or because SARS treated the transaction differently from the taxpayer. Each possibility calls for a different response.

Adequate reasons are practical because they help identify what must be answered. They may also indicate what supporting evidence should be gathered before the objection is filed. Without that understanding, the taxpayer risks spending time on documents or arguments that do not address SARS’ actual basis for the assessment.

What a formal request for reasons is, and what it is not

A formal request for reasons is a procedural step used where the taxpayer needs SARS to explain the basis for an assessment or decision more clearly. The formal Request for Reasons process is different from a casual follow-up, a complaint about the outcome, or a request for general information.

A complaint may say that the taxpayer is unhappy with the result. A follow-up may ask SARS to respond to correspondence. A request for information may ask for a document or a specific clarification. A formal request for reasons has a narrower purpose: it seeks the reasons SARS relied on so the taxpayer can decide whether and how to dispute the assessment.

That distinction matters because tax disputes are procedural as well as substantive. The wording used, the platform used and the timing of each step can affect how the matter develops. A taxpayer should avoid treating a request for reasons as an informal message if the real purpose is to prepare for a dispute.

When requesting reasons from SARS before objecting may help

Requesting reasons from SARS before objecting may help where the assessment notice does not contain enough detail to identify the real dispute. This can happen where SARS makes an adjustment but the assessment does not clearly explain the factual finding, the legal basis, or the link between the two.

It may also help where the taxpayer can see several possible explanations for the assessment and needs to know which issue SARS is relying on. If the available material does not show whether the dispute is about evidence, tax treatment or SARS’ interpretation of a transaction, a properly framed request for reasons may narrow the issue before the objection is prepared.

A request for reasons can also create a clearer record of what SARS says the assessment is based on. That record may become important if the dispute later moves beyond objection into a tax appeal or another formal stage. The point is not to create procedure for its own sake. The point is to understand the case that must be met.

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When a request for reasons may not be the right move

A request for reasons is not necessary in every dispute. Sometimes the assessment notice, SARS correspondence, audit findings or prior engagement already show why SARS made the assessment. If the taxpayer understands the basis of the decision and has the documents needed to answer it, the more practical step may be to prepare the objection properly.

There is also a difference between needing reasons and wanting a better answer from SARS because the taxpayer disagrees with the result. Disagreement alone does not mean the reasons are inadequate. If SARS’ position is clear but, in the taxpayer’s view, wrong, the dispute may need a substantive response rather than another request for explanation.

In some matters, the procedural route itself must be checked before any step is taken. Not every SARS decision is dealt with in the same way as a standard objection, and certain decisions may require a different remedy, such as SARS Decision Revision. The nature of the decision should be identified early, rather than assuming that every SARS issue follows the same path.

How reasons affect the objection itself

Once the basis of the assessment is understood, the objection can be built around the correct issue. That may mean showing that SARS relied on incorrect facts. It may mean explaining why the law was applied incorrectly. It may mean providing missing evidence in a way that directly answers SARS’ concern.

This is where supporting evidence becomes more than a bundle of documents. Evidence should be selected and presented because it answers the dispute. A bank statement, agreement, tax invoice or working paper may be useful in one matter and irrelevant in another. The reason for the assessment helps determine what evidence matters.

The legal grounds also need careful attention. A SARS objection should not rely only on procedural frustration or the fact that SARS did not explain itself as clearly as the taxpayer wanted. Procedural points may matter, but they are rarely a substitute for dealing with the assessment on its factual and legal merits where those merits are in dispute.

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Timing should be managed carefully

Timing must be managed carefully. A request for reasons must generally be delivered to SARS within 30 business days from the date of the assessment or decision. An objection must generally be lodged within 80 business days, subject to the applicable dispute rules and the effect of a valid request for reasons on the objection period. Requesting reasons may form part of the wider dispute process, but taxpayers should not assume that time will take care of itself while correspondence with SARS continues.

The SARS dispute process has formal channels and procedural requirements. Before acting, it is sensible to identify the assessment, the date, the decision being challenged, the reasons already available and the information still needed. That gives the taxpayer a clearer view of whether a request for reasons is useful or whether the objection should be prepared without delay.

A practical question before taking the next step

Before requesting reasons or filing an objection, ask one practical question: can the assessment be challenged properly on the information currently available?

If the answer is yes, the focus should usually move to preparing a clear, evidence-supported objection. If the answer is no because SARS’ basis is genuinely unclear, a formal request for reasons may be the better first step. If the answer is uncertain, the matter should be reviewed before procedural steps are taken, especially where the amounts are material or the dispute may become more complex.

Serious SARS assessments should not be approached with guesswork. A short case overview, the assessment notice and the relevant SARS correspondence can often show whether the next step should be a request for reasons, an objection, or a different procedural route. For unclear or high-stakes matters, specialist input on complex SARS and tax law problems can help identify the practical route before time and effort are spent in the wrong place.

Every effort was made to ensure accurate reflection of the law and the tax principles discussed in our articles or as set out on our website at the time of publishing on the website. Tax law develops all the time and it is therefore recommended that views expressed in the past be vented by users for current applicability and accuracy.  Comments made and views expressed in our articles and on our website does not constitute advice to any person or company. Unicus Tax Specialists SA will not be liable for any loss or damage of whatever nature or form caused due to reliance on this article.

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