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There are three ways to resolve your dispute with SARS

by , 23 September 2014
If SARS wants to assess your Vat affairs or, if you disagree with its findings, you can state your case, object to the assessment and reach a resolution.

What if SARS disallows your objection?

In that case, you must appeal. And these are the three ways you can use to resolve your dispute with SARS...


Three ways to resolve your SARS dispute
 

#1: Alternative dispute resolution (ADR)

According to the Practical Vat Loose Leaf Service, this is a good alternative to costly and time consuming litigation.

In this case, SARS appoints a facilitator to mediate the process. You'll meet informally with SARS and the facilitator and present your case with proof of your arguments. If you reach resolution, SARS will issue a revised assessment.

If the matter isn't settled, you can still appeal to the Tax Board or Tax Court.

#2: The Tax Board

If you're disputing less than R500 000, you can take your case to the Tax Board. This is a formal tribunal and more structured than the ADR process.

Your case will be judged by a chairperson who is usually an advocate or attorney. And you'll have to wait for 60 business days to get the Tax Board's decision.

If you're not happy with the findings of the Tax Board, you can go to the Tax Court.

 
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#3: The Tax Court

You can go to the Tax Court if you're disputing more than R500 000.

The presiding officer will be a judge or acting judge of the High Court. An accountant and a representative of the commercial business community will help him with this task.

If you're unhappy with the Tax Court's decision, you can go to the High Court or the Supreme Court of Appeal. Just bear in mind that once matters appear before the High Court, the proceedings become more complex and lengthy.

It's that simple.

You have these three options if you want to resolve your dispute with SARS.

PS: We strongly recommend you check out the Practical Vat Loose Leaf service.  It gives you tips, tools and advice to comply with the Vat Act.



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