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SARS does not want to take an IRP5 into account for my business, what next?

Posted 18 April 2013 under Tax Q&A


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This was all for the 2008 tax year.
Income tax return was submitted on 28 / 02 /2009.
Assessment notice issued on 11 / 03 /2009.
Amount owing R147 666.
But an IRP5 was also issued for 2008, tax deducted: R241 340. That meant that SARS owed R93 674.
But the assessment was paid in full in December 2012.

That means that SARS still has not taken the IRP5 into account.

An objection was done on 31 / 03 / 2009 on eFiling. But SARS said that they do not have proof of this objection as at that time no objections could be done on eFiling.

We did a new objection in July 2012. This was rejected because this was done 3 years after the assessment.

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TaxTim TaxTim says:
21 April 2013 at 22:35

Your next step would be to file an ADR - alternate dispute resolution and if this does not succeed then go to the tax court. This can become quite expensive and you may need an tax attorney for this. Given the amount in question it would be best to seek legal advice or that of a tax accountant from a legal firm or firm of auditors to fight this for you.


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help you
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TaxTim will help you:
  • Do Your Tax Return Easily
  • Avoid penalties
  • Maximise your refund
Tim uses your answers to complete your income tax return instantly and professionally, with everything filled in in the right place.

Let Tim submit your tax return direct to SARS in just a few clicks!

Get started