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Do you know your rights and when you can take legal action against SARS?

by , 27 August 2014
SARS has the right to take money out of your account if you owe it money. It can also send an inspector to your business, without notice, to look at certain records. And it can audit you, just because it randomly selected your company.

But you have rights when it comes to SARS and your taxes. If SARS violates those rights, you must take action.

The problem is, most people forget what their rights are.

That's why we're to reminding you of some of your rights when it comes to SARS...

 

Here are some of your rights when it comes to dealing with SARS

 
SARS can't collect a third parties debt from your account if it hasn't asked you for your side of the story. 
 
But, if SARS thinks the request will negatively influence its ability to collect the tax liability, it'll just remove the necessary funds. It'll do this for example, if it thinks you'll dispose of funds to avoid paying the outstanding tax debt.
 
Even if a tax assessment is incorrect, you're obligation to pay doesn't go away. The 'pay-now-argue-later' rule applies. If you want to object to a tax liability, ask for a suspension of payment. 
 
You have 30 days after an assessment to object to an assessment. Usually the payment date of an assessment would be before the 30 day period you have to object. You should apply for suspension of payment before you lodge the objection.
 
But what do you do if SARS does take money from you for someone else's tax bill?
 
*********** Hot off the press  ************
 
Be invisible to SARS
 
Six reasons SARS will audit you...
 
 
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If SARS takes money from you for someone else's tax bill, here's what you should do

 
If SARS violates your rights and takes money from you for someone else's tax bill, you must take SARS to court for unlawful conduct.
 
If SARS is in the wrong, the court will order it to return the money.
 
Now that you know your rights, never let SARS take advantage of you or violate your rights.
 

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