We currently have a trust who submitted a IT12TR for the tax year end 2011. The Assessment was issued on 2012/01/31. SARS incorrectly assessed the trust return on a taxable profit instead of a loss. This has caused a tax liability on 2011.


Important:

This answer is based on tax law for the year ending 28 February 2011.

Answer:

The request for a reduced assessment under section 93(1)(e) of the Tax Administration Act applies to assessments older than 3 years.  Section 93(1)(e) requires of the taxpayer to satisfy a senior SARS official that the relevant assessment was based on—

  1. the failure to submit a return or submission of an incorrect return by a third party under section 26 or by an employer under a tax Act; 

  2. a processing error by SARS; or 

  3. a return fraudulently submitted by a person not authorised by the taxpayer.  

SARS indicated, in the Objects of the amendment to section 93, that this may well be an example of a procession error by SARS.  

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