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Three questions you must ask yourself when lodging an objection to SARS

by , 19 May 2016
Has SARS given you an assessment you disagree with? For example, have they:

· Denied you a refund;

· Disallowed a deduction;

· Not waived an administrative penalty, a non-compliance penalty or an understatement penalty; or

· Gotten a figure wrong on your return?

If this is you, then don't just sit around and do nothing! Far too many employers make that mistake, which means they end up giving SARS money they shouldn't have given in the first place. Instead, you should lodge an objection!

And to help you do just that, here are five questions you should ask yourself to ensure your objection will be considered.
Ensure that you can answer 'YES' to all of them...

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Have you received a nasty assessment from SARS?
 
Did SARS:
  • Request the specific information it wanted from you for the audit;
  • Keep you informed of the progress of the audit; and
  • Notify you within 21 business days of its findings before it raised the assessment?
 
I suspect it didn't! And now it's assessed you and you don't agree.
 
Here's what you should do to object against SARS' assessment.
 
**********************
 

Five questions to help ensure your SARS objection will be considered…


QUESTION#1: Did you use the prescribed form?

For income tax, you must use the NOO form. And for VAT, STC or PAYE assessments, you must use the ADR 1 form.

NOTE: The NOO form is available on eFiling, for all registered users, or from your nearest SARS branch.

QUESTION#2: Have you submitted your objection within 30 days?

You must lodge your objection within 30 days of the date of the assessment. Or if you've asked for reasons, within 30 days of having received those reasons.

IMPORTANT NOTE: If your objection is more than 30 days late, you must have gone through exceptional circumstances which led to your objection being filed late.

QUESTION#3: Have you signed the objection?

IMPORTANT NOTE: If you're unable to sign the objection or appeal, and another person will be signing on your behalf, then the following must be stated on the dispute form:

·         The reason why you can't sign the objection or appeal;
·         That the person signing on your behalf has the necessary power of attorney to do so; and
·         That you're aware of the dispute and agree with its grounds.
 

*To learn so much more, page over to Chapter O 02: Objections, in your Practical Tax Loose Leaf Service handbook.
If you don't already have this fantastic tax resource, click here to order your copy today.
 

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