When SARS audits a taxpayer, it is often an intimidating process. We can assist in the pre-audit and audit stage by guiding the taxpayer every step of the way. TRM would ensure that the taxpayer`s rights are protected throughout the entire process and if required, make representations against the eventual audit findings. If SARS does issue an additional assessment because of the audit findings, we can dispute and object to these findings. This is a pre-dispute process that often expedites and eliminates the potential tax liability and associated legal costs.
Our experienced team obtains VAT refunds on behalf of taxpayers in record time. With our understanding of both the tax law nuances as well as the internal workings of the systems, we are able to assist taxpayers in obtaining their refunds that are often withheld. This would include situations where SARS unlawfully applied setoffs against debts that are allegedly due.
Our experienced team has managed to obtain VAT refunds on behalf of taxpayers in record time. With our understanding of both the tax law nuances as well as the internal workings of the systems we are able to assist taxpayer in obtaining their refunds that are often withheld unlawfully. This would include situations whereby SARS unlawfully applied setoffs against debts that are allegedly due.
Outstanding tax debt can have widespread negative effects on a business`s financial facilities; and with more institutions requiring tax compliance status (TCS) to transact, a TCS is essential. We are able to assist by facilitating payment arrangements or a compromise offer to SARS, and if accepted, we can successfully apply for your TCS. In the event that you are disputing your tax liability, we are able to file a suspension of payment application for the disputed debt, thereby enabling a TCS application.
If the appeal filed is either not conceded by SARS or no settlement is reached at ADR proceedings, we can escalate the matter to either the Tax Board or the Tax Court. The rules and procedures of these forums require specialised knowledge and experience to navigate. Pieterse Sellner Erasmus TRM Tax Attorneys attend to all the necessary drafting, filing of notices, and pleadings. Once a date has been obtained, we represent the client in these proceedings.
The Customs and Excise Act, 1964 (Act No. 91 of 1964), provides for the levying of customs and excise duties; levies in relation to fuel, the environment, and the Road Accident Fund; air passenger tax; and the importation, export, manufacture or use of certain goods. Customs and excise is an extremely specialised field, and the team at Pieterse Sellner Erasmus TRM Tax Attorneys possesses the necessary experience and legal capability to handle any dispute in terms of the Act.
The Corporate Rules allow various transactions affecting capital outlay, assets generally, and equity structures to be executed tax-neutrally whereby the taxation associated with a particular transaction is deferred or rolled over. The rules generally apply to company groups but also find application in instances where a person is in a specific relationship with a company or group of companies.
Over and above compliance with the specific anti-avoidance rules contained in the corporate rules, our due diligence has constant regard to the General Anti Avoidance Rules (GAAR) which reside in Sections 80A - L of the Income Tax Act. These rules would find application if the requirements of the corporate rules have all been ticked, but the transaction itself is contrary to the spirit of the legislation and was concluded with the sole or main purpose of extracting a tax benefit. Should the rules be applied, an otherwise tax-neutral transaction can easily result in onerous tax burdens.
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Prof. Dr. Daniel N. Erasmus
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