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How can SARS reverse my tax refund for 2006?

Posted 25 September 2012 under Tax Questions



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Please could you assist, SARS has now done a re-assessment on my TAX year for 2006, I initially got a refund from them now they have taken it off. I can not go back and get my IRP5 forms as I was working on a project with the company. I was initially using my sister in law to handle my tax but she has made a big mess up. I would like to know how can they re-asses my TAX and tell me I was wrongfully given a refund. With that been said they have no reduced my refund for 2012 from R11K to less than R2K

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TaxTimTaxTim says:
4 September 2012 at 21:30

SARS has the right to reopen assessments up to 5 years later. There have been some issues with certain assessments being revised a few year later and if SARS finds that there was an error they will attempt to correct it and reduce any future refunds to make up for it.

What was the reason they gave to you for re-assessing you? They should have sent you a letter with the explanation?


Munchie says:
4 September 2012 at 21:59

Hi - Thanks for the response. What happened was instead of requesting the 2006 assesment my sister in law went and requested new forms and submitted blank irp5 forms. Instead of cancelling it Sars now found a loop hole and says I should have cancelled the request so it looks like I earn nothing in that year. With my earnings I find that impossible. I do not have my orginal irp5 forms as I have no idea who I even worked for in that year as I am in construction. So now do I just leave Sars to do as they please as I feel its not right?
Thanks again for the advice as I am not sure how Sars works


TaxTimTaxTim says:
4 September 2012 at 23:05

If your sister-in-law had to write a sworn affidavit attesting to what happened, you could lodge an objection with SARS. If you cannot find your original IRP5 it would be very difficult to show any evidence of the actual amount and so it will be hard to get SARS to back down. Without documents it is almost impossible to plead your case to SARS.

I wish I had a better answer, is there no way of getting a hold of the IRP5?


Munchie says:
4 September 2012 at 23:07

Thanks - But should SARS have all these forms as in 2006 we had to submit manually?


TaxTimTaxTim says:
5 September 2012 at 9:31

In 2006 companies often didn't submit their employee information and SARS relied upon the supporting documentation that the taxpayer had to submit with their return so they may have nothing on file. Did your sister-in-law not submit any documentation at all?


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