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Five legal rights your company has when dealing with SARS

by , 06 June 2013
Do you know your rights and the extent to which the Bill of Rights protects you against abuse at the hands of SARS? Knowing what your rights are allows you to safeguard your company's interests by demanding SARS respects your rights just as you respect theirs when dealing with them. Read on to find out what you can do..

Contrary to popular belief that SARS is a powerful government body and it's no use trying to fight it, this isn't the case.

Your company has rights in its dealing with SARS. And that's why it's crucial you know what they are so you can safeguard your company.

Do you know what your company's legal rights are when dealing with SARS?

Here are your company's legal rights as outlines by The Practical Tax Loose Leaf Service:

  1. Where your rights have been adversely affected, you have the right to be given and may insist on written reasons for decisions taken by SARS. For example, you can ask for reasons for an assessment you don't agree with.
  2. The Bill of Rights gives you the right to administrative action that's lawful, reasonable and procedurally fair. The Bill of Rights in contained in the South African Constitution, which is the supreme law of the country and must be followed. This means it's your company's constitutional right to challenge the powers exercised by SARS.
  3. The SARS Client Charter sets out your rights. This refers to levels of service that you can expect from SARS and procedures you can follow if your rights have been infringed.
  4. You may also take your complaint to the Service Monitoring Office (SSMO). They will help your company if you haven't been able to resolve matters satisfactorily with your local SARS branch office.
  5. A warrant for search and seizure is only valid if authorised by a judge. SARS also may not arrive at your premises without giving you prior notice if they don't have a signed warrant from a judge. A mere letter of authority issued by another SARS official isn't valid.

Know your rights when dealing with SARS so you can enforce them to safeguard your company.

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