Taxpayers often find themselves caught in complex disputes due to administrative errors or delays by SARS in processing their objections. When these issues result in unfair financial burden, the Office of the Tax Ombud (OTO) serves as an independent mediator, ensuring that taxpayers are treated fairly. In this case, the OTO played a crucial role in […]

The South African Revenue Service’s (SARS) action of incorrectly invalidating objections is one of the issues raised and addressed in the Tax Ombud’s Systemic Investigation Report (2020), which concluded that there was a 31% error rate where objections were incorrectly invalidated for various reasons. The case below illustrates another instance of SARS incorrectly invalidating an objection.

The OTO does not only help speed up the resolution of taxpayer complaints and get the South African Revenue Service (SARS) to pay refunds due, however there are also instances where the OTO secures taxpayers thousands of rands in interest thereon. The case in this issue is an example.

Deregistering as a VAT vendor can be challenging, as the case below illustrates, where the South African Revenue Service (SARS) delayed deregistering a taxpayer’s VAT profile for over a year.

Many taxpayers are unaware that they have a right to approach the South African Revenue Service (SARS) and request remission of administrative penalties. Although SARS has many options for dealing with such requests, including allowing, partially allowing or disallowing requests, the revenue collector must respond within a reasonable time. The case below, a rare complaint […]

The Office of the Tax Ombud (OTO) does not often receive cases involving Turnover Tax Return (TT03) complaints against the South African Revenue Service (SARS) but ensures that when it does, such matters are efficiently dealt with. The case below, which helped secure a tax refund of over R24 000, illustrates the OTO’s commitment to […]

Delays in the payment of tax refunds continue to affect taxpayers. This is despite theTax Ombud identifying certain root causes of the delays as systemic issues – meaningproblems that are regarded as the underlying cause of a tax complaint that affects orwill affect a number of taxpayers.

The Office of the Tax Ombud (OTO) continues to receive many complaints about non-payment of refunds and delays in finalising disputes lodged. Not all complaints received within these categories are due to the South African Revenue Service (SARS) not adhering to timeframes, but rather to a lack of awareness among taxpayers about all the applicable […]

Delays in the payment of tax refunds are still the most frequent complaints lodgedwith the Office of the Tax Ombud. This is despite the OTO previously compiling ahard-hitting report on the issue, together with recommendations on how the SouthAfrican Revenue Service (SARS) could resolve the matter. Now the OTO has identifiedanother SARS practice that contributes […]

Some taxpayers may be under the impression that the Office of the Tax Ombud (OTO) onlyassists taxpayers with complaints against the South African Revenue Service (SARS) if there aretax refunds at stake. The case featured in this issue illustrates the OTO’s commitment to helpingresolve all complaints received, even those many taxpayers might consider insignificant.

In July 2022, SARS issued more than three million income tax auto-assessments to individual non-provisional taxpayers. It is crucial to understand that the process for dealing with auto-assessments is slightly different from when an income tax return is submitted manually. If the wrong procedure is followed, it could have serious consequences for taxpayers.

When a tax complaint deals with more than one issue, it may lead to confusion at the South African Revenue Service (SARS), as the case below shows.

The Office of the Tax Ombud is pleased to share the 17th issue of its monthly case study newsletter Fairness for All. The newsletter seeks to educate taxpayers about the types of taxpayer complaints lodged with the OTO and how these are resolved. In the current issue, we showcase one of the challenges taxpayers experience […]

In 2017 the OTO issued a report after finalising a systemic investigation into what caused delays in SARS paying refunds to taxpayers. One of the issues identified was that SARS delays the revision of assessments after disputes have been finalised. The primary issue noted by the Tax Ombud was that there is no prescribed timeframe […]

Taxpayers regularly experience challenges with IRP5 certificates, either with incorrect information reflecting on the certificates or not receiving the IRP5 certificates from their previous employers. It is important to note that the above issues should be directed to employers and not the South African Revenue Services (SARS). However, the case below, which can be taken […]

In the November edition of Fairness for All, we discussed a case where the Office of the Tax Ombud (OTO) highlighted SARS’s conduct in withholding refunds for periods not under verification or audit. In that case, SARS only instituted an audit when its action was challenged by the OTO. This delayed response was seen as […]

The Office of the Tax Ombud (OTO) is pleased to present to you the second issue of Fairness for all, the Office’s informative monthly newsletter, featuring important case studies. The current issue features a crucial case which saw highly questionable actions by the revenue collector, several contraventions of tax legislation, and a possible abuse of […]

Welcome to the first issue of Fairness for all, the Office of the Tax Ombud’s (OTO) informativemonthly newsletter, featuring important case studies.The publication will focus only on the tax complaints the OTO receives, how these complaintsare resolved, as well as the reasoning behind the decisions made. In addition, the case studiesfeatured can help taxpayers and […]