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Am I liable for a penalty that was a SARS error because not disputed within reasonable timeframe?

Posted 24 May 2013 under Tax Q&A


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I submitted a return for the first time myself in 2012. It was previously done by a colleague who was rather knowledgable. Each previous year (3 years) the outcome was a R0.00 balance as I do not have any medical aid, retirement, etc. Nothing had changed since then. She advised telephonically on how to submit and it was done.I have now received an sms last month (April 2013) stating that I am liable for R15k. Upon investigation with my HR department, they found that the income (IRP5 info) was duplicated on the assessment, so it appeared that I owed SARS that money. After unsuccessfully filing a NOO using e-filing, I went into the SARS offices where a consultant assisted in filing a dispute and noted that the error was the income being duplicated. She said it would be corrected and that all was fine.I have since received a letter as well as an sms saying that the dispute time frame is not condoned and legal action will be following due to non-payment. What else can I do or am I liable?

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TaxTim TaxTim says:
24 May 2013 at 12:54

The next step would be for you to file an ADR - which is an alternate dispute resolution or go to the Tax court. The ADR will allow you to sit with SARS and go through the process of actually disputing this with a "mediatior". The forms are available on the SARS website or once again you will need to go into a SARS office for this. Unfortunately you have been caught in an administrative nightmare, but sitting with a consultant and going through the process should sort it out, however you will need to be patient as these things take a long time.


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