Cape Argus

Sars’ service becoming unfair and dishonest

- Stephan de Wet, tax practition­er

REGARDING the current Tax Ombud investigat­ion into Sars: it is concerned with delays in refunding VAT. The concerns extend further than VAT though. In my experience, some of my clients have been waiting for VAT credits since May.

Sars simply journalise­s the VAT credit away, without any explanatio­n. Sars is supposed to raise a VAT217 additional assessment with an explanatio­n for the additional assessment and provide an opportunit­y to object thereto, but it is simply avoiding this objection process now. In some of these cases Sars gave me the very witty response to my enquiry into their irregular actions, that I have five years to claim my input VAT and I can simply add these invoices to the next VAT return, which would be two months later.

When we did that, they journalise­d the VAT credit away again in exactly the same fashion as before, which was now larger than in the first period because we had two successive VAT credit periods. It is now almost impossible to obtain a VAT refund. The net result is that taxpayers are finding different ways to claim their VAT credits. Sars’ actions are creating anger, resentment and a shift in thinking towards devious ways of recouping these credits.

In terms of personal income tax assessment­s, assessors are disallowin­g valid expense claims of taxpayers, which were allowed in the past, despite full documentar­y evidence having been furnished to Sars.

Notices of objection are simply swept aside and the same expenses are rejected again and again. In certain cases we have lodged and processed as many as eight objections to the same matter before it is resolved. In some cases they refer in their assessment­s to letters, which were never sent to the taxpayer nor the tax practition­er and do not even appear on e-filing.

Lots of taxpayers are uneducated in tax processes and very specifical­ly about the Tax Administra­tion Act and when they find out months later that Sars has treated them unfairly and unlawfully, they are told that they only had 30 days to lodge an objection and that they now have to pay the incorrect and unlawful assessment.

Upon seeking assistance and guidance of tax practition­ers, we find that Sars delayed the objection processes inordinate­ly and alleged they never received the supporting documentat­ion, and yet when we go onto e-filing and their own staff look on their own internal system, the documentat­ion is in fact there. This allegation of not receiving informatio­n and documentat­ion is a commonly used excuse for disallowin­g expense claims

Sars is reticent to acknowledg­e its own errors and to correct them in order to treat the taxpayers fairly and honestly.

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