Reporting the unprofessional conduct of a Tax Practitioner (Section 241)

What’s New?

Who can report a Tax Practitioner?

Anyone can report a Tax Practitioner to SARS, and SARS has the right to intervene on behalf of the taxpayer.  

When can I report a Tax Practitioner?

You can report a Tax Practitioner when:

  • They are not registered as a practitioner, yet operates as a Tax Practitioner
  • Their conduct is unprofessional
  • Their conduct is unlawful
  • They do not act in the taxpayer’s interest, given that the taxpayer’s interest is reasonable and within the law.

How do I report a Tax Practitioner?

By completing the Reporting of Unprofessional Conduct (RUC001) form and emailing it to [email protected].  

What are the next steps?

After you have completed the form, the following steps will take place:

  • SARS will investigate the complaint. During this process, the complainant may be contacted for additional information and proof of the allegation against a Tax Practitioner.
  • SARS will issue a letter of intention to the taxpayer to disclose the tax information of the taxpayer that is relevant to the complaint –  to the relevant controlling body (where applicable) –  and a letter to the Tax Practitioner informing him/her that SARS intends to complain to his/her RCB.
  • The taxpayer and Tax Practitioner then have 21 business days to object.
  • If no objection is received or SARS is not convinced by the grounds of the objection, SARS will log a complaint against the practitioner with his/her controlling body.
  • The Controlling body will further investigate the matter in accordance with their processes, e.g. arrange a hearing.
  • The Controlling body will inform SARS of their decision on the matter, e.g. disciplinary action against the practitioner, deregister the practitioner, or no further action, etc.
  • If SARS is not satisfied with the outcome, the case can be escalated to the Ministry of Finance.

How do I know if a Tax Practitioner is registered?

It is in the interest of taxpayers to use registered Tax Practitioners. Check our online database whether a Tax Practitioner is registered or not.

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