FAQ: When is it appropriate to settle a dispute?

SARS may, where it will be to the best advantage of the state, settle a dispute in whole or in part, on a basis that is fair and equitable to both the taxpayer and SARS. SARS must have regard to a number of factors, including: Whether that settlement would be in the interest of good […]

FAQ: When is it inappropriate to settle a dispute?

Circumstances where it is inappropriate to settle a dispute: If in the opinion of SARS, the action on the part of the taxpayer which relates to the dispute, constitutes tax evasion or fraud The settlement would be contrary to the law or a clearly established practice of SARS on the matter, and no exceptional circumstances […]

FAQ: Is the ADR process compulsory for all appeals?

No. The taxpayer must indicate on the notice of appeal form whether he or she prefers this option. If the taxpayer has not indicated on the notice of appeal form that he or she wishes to make use of the alternative dispute resolution procedure, and SARS it is of the opinion that the matter is […]

FAQ: What is the purpose of ADR?

The purpose of Alternative Dispute Resolution procedures (ADR) is to allow for the resolution of tax disputes outside the litigation arena.

FAQ: How will an appeal matter be dealt with?

Where a taxpayer appeals, the matter can be dealt with in one of the following manners: By the Alternative Dispute Resolution (ADR) process – if the taxpayer elects this option By the Tax Board By the Tax Court

FAQ: If I worked for two Employers during the same tax year and received travel allowances, and used the same vehicle for both employments, how is the ITR12 return created? Will one or two vehicles be used in the calculation?

One vehicle will be used against two allowances. On the ITR12 where the question “How many IRP5/IT3(a)s did you receive?” appears, you must indicate two IRP5/IT3(a)’s. Two codes for 3701 will be populated on the return Under Travel allowances were the question ‘How many vehicles should be used in the calculation?’ appears, indicate one vehicle.