[Question] SARS Conduct & Assessments

[Veroshka]

Hi there, I hope someone can help me as I am at the end of my wits with SARS. I have experienced the worst nightmare ever in the last few weeks with SARS and wish to know what I can do and what my rights are. SARS sent me a final notice to pay R78,000 immediately or action will be taken. The fact is, I have no idea what SARS is claiming for; I have received no assessment, no communication, no letter prior to this other than this letter. This stems from my returns from the 2005 & 2006 tax years where SARS have made mistakes in taxing me on lump sum payments for retrenchment & pension where the tax have already been taken into consideration. My tax consultant have submitted numerous requests for re-assessment and to date have not received any notification from SARS for these and now I have this looming R78,000 that needs to be paid - or else!!! I am really at my wits end and short of telling the SARS staff exactly what I think of them and know this will not help my case. Thank goodness I have a tax consultant that is dealing with this on my behalf, although we are not getting anywhere. It has been 2 weeks since this letter and numerous faxes with information and to no avail - there is absolutely no response from the SARS person... What is my rights and what should I do next... thank you... Veroshka

[duncan drennan]

This is one of those issues with SARS it seems.....guilty until proven innocent.

I think there are two things that you can do. Both need to be done calmly and carefully, taking note of names and the steps taken along the way.

Firstly, phone SARS helpline 0860 12 12 18 and explain the situation to one of the people there. So far they have always been helpful and directed me to the correct person or action to take.

If that does not help, then go and sit with someone at a SARS office. They have the ability to escalate it immediately. A letter or fax can just end up sitting on someone's desk getting no attention.

Make sure you get the names and contact details of all the people you speak to, and subtly let them know you are taking down that info (conspicuously writing it down in front of people works).

Get started now! Make sure that you do everything you can (and document it along the way) as soon as possible. Keep us up to date.

I'll also try to find out some more about what can be done.....

[Dave A]

Camping physically on the premises does tend to get better results than sending faxes, that's for sure.

You might need to enter into an arrangement to pay off in instalments until the reassessment is sorted out.

The "lack of communication" is probably because all the notices have been going elsewhere. Ask them where they are sending returns to clear that one up (probably to whomever has been doing your taxes).

[Veroshka]

Thank you Dave and Duncan, your suggestions are welcome and valuable... Am already doing all those things by taking information down, times, what has been said, what needs to happen next and nothing seems to come to a head... It would prove to be difficult in making arrangements as I am not employed at the moment and have no income... This I do believe SARS will not understand... Will keep you up to date to what is happening... It is so sad that we have come to a world where people's pure and utter incompetence has such a huge impact on other's lives. And there is absolutely no recourse until such time you can prove your innocence...

[murdock]

you are not alone...i visted my accountant on the same issue today he told me...when he contacted sars he was 220 in the que...it the goverment need i say more.

[duncan drennan]

Veroshka, have you personally been into a SARS office, sat with someone and explained the situation?

[murdock]

i decided to go to the sars office in pinetown...there was a small que...i waited patiently... the person behind the counter was a lot more plesant than the last person i delt with...i got a print out...found that the information given over the phone was incorrect...and my amnesty which was granted was not for the interest on outstanding money but the small bussiness one...i enquired how long it would still take before i would get confirmation...was told end of july...left.

as i have an amount which the sars owes me i will wait for confirmation at the end of july then go back and hopefully settle these issues and balances outstanding if need be.

[Dave A]

I am not employed at the moment and have no income...

Hmm. Either you have done very well or are going through a rough patch
I'll try not to assume either way.

You're right - that is a problem. If you cannot offer reasonable prospects of paying off the debt out of income, the game becomes an asset hunt

[Veroshka]

Hi guys, thank you for your input... it just feels like doom and gloom!!! Surely there are recourse, even against SARS??? SARS is not God and I find it extremely difficult to work with this...

I have not done very well and have been unable to obtain permanent employment since April 2004 - 8 months lived on unemployment and then lived on contracts which are are most 3 months income for the year... it has been a very rough patch and am tired now... As for assets - I have very little and have been given "free" accommodation with two pensioners... for this luxury I drive them around and take care of their needs such as shopping, doctors, lunch dates with friends, etc... this I do during the day and at night I then have to try to generate and income!!! This is no life for anyone...

My next step will be to go to the offices to talk to these incompetent people and hope for the best... the one thing that worries me is that my tax consultant seems to be happy to wait until such time SARS comes back to her!!! She has all the information and have asked her to send it to me... the only problem is that I do not know much about this and if left in my hands I probably will only bugger it all up and make it worse...

Thanks again guys, appreciate your comments and input. Veroshka

[duncan drennan]

My next step will be to go to the offices to talk to these incompetent people and hope for the best... the one thing that worries me is that my tax consultant seems to be happy to wait until such time SARS comes back to her!!! She has all the information and have asked her to send it to me... the only problem is that I do not know much about this and if left in my hands I probably will only bugger it all up and make it worse...

This is such a tough one, and one of the things that I struggle with. Your tax consultant does not have a problem - if things don't work out, then she doesn't have to pay the bill! Either you need to push her hard to get this resolved, or find out enough (just enough) to explain the situation to SARS yourself.

[Dave A]

I'm sorry to hear you are going through a tough patch, Veroshka. May things turn for you soon.

Looking at it from the tax consultant's side, they also need to be assured that their bill will be paid too. It may be why they are just doing the basics to see this through. I expect for them to stand in a SARS queue and get it resolved pronto could have a hefty cost attached.

If you have the time, maybe if you just run backwards and forwards between SARS and your tax consultant to drive things forward. Whenever SARS raises something you're not sure of, get back to your tax consultant. It's about the only thing I can think of to speed things up without running up another bill with it.

I know it's irritating, but life can be like that at times. You just have to take the bull by the horns and wrestle as best you can. My experience is the more you apply yourself, the less resistance life gives you.

[Veroshka]

Thanks Duncan, am trying my best and will keep you guys informed of progress, or non-progress. I think the only thing I can really do is have myself declared insolvent (nearly typed incompetent - ha-ha) but I believe this you can only do if you own assets such as property etc.? Have been on the internet to try and find some info on this law and process, but again a government department - therefore not available!!! How do you win these battles if you cannot find the ammunition, nor the support? thanks again, Veroshka

[Veroshka]

Apologies Dave, did not see your post until after I responded. Thank you so much for the encouragement and will do the best I can. It is a little difficult looking after two pensioners during the day, however will have to do what I can to resolve this... If I lose this place then not only will I be unemployed but homeless as well (hmm) - not a nice prospect... One question I do have, can SARS send you to jail? Thanks again, Veroshka

[Dave A]

At the moment you can't go to jail for debt.

[Morticia]

Not sure if you have by now managed to sort out your problems with SARS? If not, contact SSMO (SARS Service Monitoring Office) - 0860 12 12 16 or e-mail : smo@sars.gov.za. They will require proof of all resolution attempt to date, e.g. original objection dates, follow-up correspondence, etc. This will ensure a speedy resolution.

Good luck!