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Follow these five steps to lodge your objection to SARS in five steps

by , 05 May 2015
What do you do when SARS issues an assessment against you? Do you know what the right procedure to follow is?

What do you do when you're sure you didn't make a mistake and you need to lodge an objection with SARS so you can properly deal with it?

Read on to find out.

Here are the five steps you should follow when objecting to SARS:

Step #1: Ask SARS to give you the reasons why it raised an assessment against you.

Here's a case to help you:

The Court held that SARS must give the"actual reasons" for an assessment. This is so you, the taxpayer, can formulate an objection (CSARS v Sprigg Investment 117 CC t/a Global Investment [2011] 3 All SA 18 (SCA)).

"Actual reasons" are essentially SARS' findings during an audit and the law applicable.

Step #2: Make your objection using the ADR1 or NOO form found on the SARS website.

Keep in mind that, currently, the NOO form is for personal income tax and corporate tax eFiling objections. The ADR1 form is for all other tax type manual objections. So if you have an objection to a Vat assessment, use the ADR1 form.

Step #3: Clearly state all your reasons for the objection. Include any relevant documents to prove your case. You can do this on the form or in an accompanying letter if there's not enough space on the form.

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Step #4: Sign the ADR1 form.

TIP: It's best for the public officer or representative vendor registered with SARS to sign the ADR1.

Caution: Make sure you fill in the ADR1 form completely and give in your supporting documents. If you don't, your objection could be invalid. If this happens, SARS must notify you within 20 days of receiving your objection. And you'll have 20 days to give it what it needs.

Step #5: Submit your objection via eFiling or hand it in at the branch that SARS specifies on the assessment.

Remember that if you lodge your objection via eFiling, take a screenshot that shows you successfully uploaded your objection. If you give in a hard copy of the objection at a SARS office, make a copy of your documents, let SARS stamp your copy to prove they received the objection.

You have 30 working days from the date of assessment to lodge an objection. If your objection is late, SARS may allow you an extension of 21 business days – but only if there were exceptional circumstances. So submit your objection on time!

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