Resources On-Demand

Tax Dispute Resolution: Assessments and Disputes - Session 3 - 2021

This webinar on demand is part of a series of webinars. Click here to read more

Overview

During the course of May to July 2021, a team of senior tax professionals from Bowmans together with Advocate Aakifah Louw (Group One Advocates) will anchor three interactive sessions on the broader topic of tax dispute resolution. The panel will share their practical experience and knowledge in navigating the increasingly complex and contentious field of tax administration and tax disputes by highlighting and discussing some of the more frequently encountered challenges in their respective fields. The webinar-series aims to provide delegates with practical tips and guidance on:

• Successfully navigating audits and queries from SARS before an assessment is issued, and interacting with SARS in the context of rulings and voluntary disclosures.
• Understanding and proactively mitigating the risk of SARS imposing penalties.
• Dealing with disputed assessments, including effectively suspending the obligation to pay a disputed amount, and practical advice on managing the dispute resolution process with SARS.
• Delegates will have the opportunity to submit questions which will be addressed in the live Q&A section at the end of each session.

Assessments and Disputes – 15 July 2021

When SARS issues an unfavourable assessment, there are many aspects to consider in preparation for a dispute, including how to deal with the “pay-now-argue-later” rule, and what the appropriate forum for the dispute is.

In this session, our expert panel, which includes litigation practitioners and counsel, will explore the different facets of preparing for and initiating a dispute with SARS, including:

• Suspension of payment – the various forums and important criteria to consider when applying for suspension of payment, negotiating with SARS, and judicial remedies where SARS refuses to suspend payment of a disputed amount.
• Requesting reasons for an assessment – considering the tactical merits and outcomes of requesting reasons before lodging an objection to an assessment.
• Disputes regarding the limitation period (section 99(2) of the TAA) – when can SARS make use of this section, and how can taxpayers manage and mitigate risks around "prescription"?
• The Objection and Appeal process – timelines, the requirements for a valid objection and appeal, the role requesting a reduced assessment, and practical/strategic tips for success.
• Judicial remedies where SARS fails to comply with dispute processes, obligations and timelines.
• The pros and cons of the Alternative Dispute Resolution (ADR) process – costs, the purpose and nature of proceedings, and how to prepare for an ADR meeting with SARS.
• How to negotiate a settlement with SARS.

Who should attend?

Session 3: Tax managers/consultants, heads of tax, financial directors, accountants.