My client was retrenched during period Mar 2012 to Feb 2013 and was doing odd jobs for income. Previous Tax practitioner filed return. He was audited and SARS then requested bank statements . The income found on bank statement was then seen as income from


Important:

This answer is based on tax law for the tax year ending 28 February 2020.

Answer:

It would not be possible, or correct, to lodge a new objection.  If you ‘cancel’ the objection and lodge a new one, SARS will treat is invalid and would require exceptional circumstances to be proved before condonation will be granted.  You will then have to apply for an order that the objection is valid to the tax court.  

What you must do is to deliver a notice to SARS, the defaulting party, informing SARS of the intention to apply to the tax court for a final order under section 129(2) of the Act in the event that SARS fails to remedy the default within 15 days of delivery of the notice.  

If SARS fails to remedy the default within the prescribed period, the taxpayer will apply to the tax court for a final order under section 129(2).  See rule 56.

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