Dispute frustrations at Sars – what should you do …
Tax Consulting SA speaks on what options you have if your matter stagnates, for whatever reason
A trend of increased delays and frustration with the South African Revenue Service’s (Sars’) dispute resolution process, is becoming apparent among taxpayers and tax practitioners alike, Tax Consulting SA said.
According to Christopher Renwick, attorney at Tax Consulting SA, the reasons for this situation appear to be numerous.
“The common, albeit perhaps slightly misplaced, view is that Sars is operating unfairly. However, in my experience, the frustrations are often the result of taxpayers being unfamiliar with the dispute resolution process and creating their own difficulties. This said, though, as experts in the field, we have experienced several Sars officials dragging their feet.
“Don’t get me wrong,” he said. “This is not the case across the board, that would not be fair to say. However, smoke and fire do go hand in hand.”
• What should you do?
Christopher said it would be fair to ask what options you have if your matter stagnates, for whatever reason.
“Perhaps the problem lies in the fact that Sars presides over its own processes, and there are no cost implications for Sars if your matter crawls along. Do you continue to bash your head against the proverbial wall, approach the Ombudsman or cut your losses and run? For some, it would come as a surprise that an alternate option exists. Consider the Motion Court.”
• The Motion Court
Christopher explained that the Motion Court is a court held at the High Court of South Africa (ignoring the Magistrates’ Courts for now) that follows court procedure and is presided over by a High Court Judge.
He said not only does the Motion Court come with a highly skilled Judge, but also the added benefit of expediency. Where a trial date may be 18 months after application (in the Johannesburg High Court, this is likely to be two years) a motion date may be less than three months from date of application.
“For those legal-minded professionals reading closely, you are probably jumping on your chair and emphatically listing the differences between opposed and unopposed motions, the timing thereof and cost implications etc. While there are differences between the two, the principles of expediency, cost and judicial approach remain the same.
“It is important to add that, while you may be left powerless under the dispute resolution process, the High Court has the inherent discretionary power to grant you any appropriate relief that will solve your problem. An added sweetener is the fact that Sars may have to pay your legal costs as well. This all sounds very picturesque and perhaps a little too good to be true, but it is true.”
For more information on Tax Consulting, please visit their website https://www.taxconsulting.co.za/.
Do you perhaps have more information pertaining to this story? Email us at randfonteinherald@caxton.co.za (please remember to include your contact details in the email) or phone us on 011 693 3671.
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