Question 1

What services does TRM Tax Attorneys provide?

Accepted Answer

We provide comprehensive tax law services including tax dispute resolution, SARS audits and investigations, tax debt management, international tax structuring, transfer pricing, VAT disputes, customs and excise matters, voluntary disclosure applications, and general tax advisory services. Our team handles both domestic and international tax matters.

Question 2

How do I schedule a consultation?

Accepted Answer

You can schedule a consultation by contacting us via phone at +27 (0) 21 569 6050, sending an email to info@trmlaw.co.za, or completing the contact form on our website. Our team will respond within 24 business hours to arrange a suitable time.

Question 3

What areas does TRM serve?

Accepted Answer

We have offices in Cape Town (Head Office), Gqeberha (Port Elizabeth), Johannesburg, Rustenburg, and an associated office in the USA. We serve clients across South Africa and internationally, with particular expertise in African and cross-border tax matters.

Question 4

What should I do if I receive a letter of audit from SARS?

Accepted Answer

If you receive a letter of audit from SARS, it's important to respond within the specified timeframe. We recommend seeking professional assistance immediately. Our team can review the audit notice, help you understand your rights, prepare the required documentation, and represent you throughout the audit process to ensure the best possible outcome.

Question 5

Can I dispute an assessment from SARS?

Accepted Answer

Yes, you have the right to dispute any SARS assessment you believe is incorrect. The process involves filing an objection within 30 business days of the assessment. If the objection is unsuccessful, you can appeal to the Tax Board or Tax Court. Our tax litigation specialists have extensive experience in representing clients through all stages of the dispute process.

Question 6

What is the 'pay now, argue later' rule?

Accepted Answer

Under the Tax Administration Act, taxpayers are generally required to pay disputed tax amounts while their objection or appeal is pending. However, you can apply for suspension of payment under Section 164 if you can demonstrate that paying would cause serious hardship or that there are reasonable grounds for believing the assessment is incorrect. We regularly assist clients with these applications.

Question 7

What options do I have if I can't pay my tax debt?

Accepted Answer

Several options exist for managing tax debt, including payment arrangements (installment agreements), compromise of tax debt under Section 200 of the TAA, and business rescue proceedings. The best option depends on your specific circumstances. Our tax debt specialists can assess your situation and recommend the most appropriate strategy.

Question 8

Can SARS seize my assets for unpaid taxes?

Accepted Answer

Yes, SARS has significant collection powers including third-party appointments (garnishee orders), asset seizure, and civil judgment. However, there are procedures they must follow, and you have rights in the process. Early intervention is key to avoiding aggressive collection action. Contact us immediately if you're facing collection action.

Question 9

What is Transfer Pricing?

Accepted Answer

Transfer pricing refers to the prices charged for transactions between related parties (e.g., a South African company and its foreign subsidiary). SARS closely scrutinizes these transactions to ensure they're conducted at arm's length (market value). We assist with transfer pricing documentation, policy development, and dispute resolution.

Question 10

What is the Voluntary Disclosure Programme (VDP)?

Accepted Answer

The VDP allows taxpayers to voluntarily disclose previously undisclosed tax liabilities to SARS in exchange for relief from understatement penalties and potential criminal prosecution. This can be particularly valuable for South Africans with undisclosed offshore assets. We guide clients through the entire VDP process.

Question 11

I'm emigrating - what are my tax obligations?

Accepted Answer

Emigration has significant tax implications including potential exit tax on worldwide assets, changes to tax residency status, and exchange control considerations. We recommend planning well in advance to optimize your tax position and ensure compliance with all requirements.

Question 12

How are your fees structured?

Accepted Answer

Our fees are typically charged on an hourly basis, with rates varying depending on the seniority of the professional involved and the complexity of the matter. For certain matters, we may offer fixed-fee arrangements. We provide detailed fee estimates at the outset and keep clients informed of costs throughout the engagement.

Question 13

Is there attorney-client privilege for tax matters?

Accepted Answer

Yes, communications between you and our attorneys for the purpose of obtaining legal advice are protected by attorney-client privilege. This means these communications cannot be disclosed without your consent, including to SARS. This is a significant advantage of using tax attorneys rather than accountants for sensitive tax matters.

Common FAQs

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Cape Town

Gqeberha (PE)

Stellenbosch

Durbanville

St Francis Bay

Rustenburg

USA

Common FAQs

Still Have Questions?

Ready to ResolveYour Tax Matters?

Ready to Resolve
Your Tax Matters?