Can SARS do that?

[DreamKing]

I have a problem, may be someone can help.

1) 2016, my accountant submitted a VAT return.
2) End of 2017, I received a message said I owed SARS money.
3) I instructed my accountant to file an objection immediately. Gave them all documents for audit.
4) No response for 3 months.
5) 2018, received a phone call from SARS said I need to pay.
6) I told her to speak with my accountant.
7) Submitted another objection and stopped the payment of request immediately.
8) 6 months passed, SARS said the objection was expired with no any reason given.
9) check with the statement again, no late submission, no refund, everything was fine, SARS just didn't allow us to claim the input taxes 3 months after the date of submission with no reason and no notice. Penalties, interests keeps roll-over every month.
10) my accountant just said he will talk to SARS again and see what was the reason to refuse the input taxes claims.

so what should I do now?

 

[Frequent visitor]

I have a problem, may be someone can help.

1) 2016, my accountant submitted a VAT return.
2) End of 2017, I received a message said I owed SARS money.
3) I instructed my accountant to file an objection immediately. Gave them all documents for audit.
4) No response for 3 months.
5) 2018, received a phone call from SARS said I need to pay.
6) I told her to speak with my accountant.
7) Submitted another objection and stopped the payment of request immediately.
8) 6 months passed, SARS said the objection was expired with no any reason given.
9) check with the statement again, no late submission, no refund, everything was fine, SARS just didn't allow us to claim the input taxes 3 months after the date of submission with no reason and no notice. Penalties, interests keeps roll-over every month.
10) my accountant just said he will talk to SARS again and see what was the reason to refuse the input taxes claims.

so what should I do now?

You do seem to have a problem. So far you have left it to your accountant, and that has not worked. I do understand that you are pretty busy trying to run a business, but you perhaps need to take personal control of this issue.
When your accountant submitted a VAT return, was payment made? Are you sure? (I have in mind a small business man who left his wife to do the VAT returns, which she did, but she took the cash instead of paying it to C&E, then scarpered.)
What documentation did you get from SARS? Was it a statement of account, or an assessment of underdeclared tax (in their view)?
If it was an assessment you can appeal within time limits. If it was simply a non payment of declared tax, get out your cash book and see what you paid.
This is just a very general exposition, as I have not worked in SARS VAT, but it was modelled closely on the UK version.
I think I would want to go and see them face to face. If not satisfied, ask to see a senior.
If they have difficulty locating your papers, begin to suspect staff fraud.

 

[DreamKing]

You do seem to have a problem. So far you have left it to your accountant, and that has not worked. I do understand that you are pretty busy trying to run a business, but you perhaps need to take personal control of this issue.
When your accountant submitted a VAT return, was payment made? Are you sure? (I have in mind a small business man who left his wife to do the VAT returns, which she did, but she took the cash instead of paying it to C&E, then scarpered.)

I paid myself, the statement of the account proved that I paid.

What documentation did you get from SARS? Was it a statement of account, or an assessment of underdeclared tax (in their view)?

statement of account

If it was an assessment you can appeal within time limits. If it was simply a non payment of declared tax, get out your cash book and see what you paid.

This is just a very general exposition, as I have not worked in SARS VAT, but it was modelled closely on the UK version.
I think I would want to go and see them face to face. If not satisfied, ask to see a senior.
If they have difficulty locating your papers, begin to suspect staff fraud.

thanks for your answer.

I can see it in the statement, they refused to claim just 3 months after the submission without any notification. actually no one knew that. after the message came out from the system when I did the other submission (PAYE) 1 year after, it showed that I owed them money. I phoned them what was the message about then knew that they "charged" us something without any notification. after we submitted the documents for audit then they said the objection was expired.

when they want my money, they know my phone number?
when they "change" my assessment, they don't let me know?
how that can be possible and fair?

PS: I never made any "refund" from them for the past 10 years. I just "paid" them.

 

[Frequent visitor]

I paid myself, the statement of the account proved that I paid.


statement of account



thanks for your answer.

I can see it in the statement, they refused to claim just 3 months after the submission without any notification. actually no one knew that. after the message came out from the system when I did the other submission (PAYE) 1 year after, it showed that I owed them money. I phoned them what was the message about then knew that they "charged" us something without any notification. after we submitted the documents for audit then they said the objection was expired.

when they want my money, they know my phone number?
when they "change" my assessment, they don't let me know?
how that can be possible and fair?

PS: I never made any "refund" from them for the past 10 years. I just "paid" them.

I think I would go and see them, with your papers. Telephones are deniable.

 

[DreamKing]

I think I would go and see them, with your papers. Telephones are deniable.

so you also have no idea.

I heard there are so many similar cases, sars now is playing unlawfully (due to pay now, argue later), finally the case will go to the tax ombudsman. is that true?

 

[Frequent visitor]

so you also have no idea.

I heard there are so many similar cases, sars now is playing unlawfully (due to pay now, argue later), finally the case will go to the tax ombudsman. is that true?

I read that SARS were refusing to make due repayments to keep up the cash flow to the Treasury a few months back. Once that is done, it gets financially very difficult to undo.

 

[DreamKing]

I read that SARS were refusing to make due repayments to keep up the cash flow to the Treasury a few months back. Once that is done, it gets financially very difficult to undo.

I am very desperate for SA, I really want to leave now.

 

[Frequent visitor]

I am very desperate for SA, I really want to leave now.

I can only quote Edmund Burke to you.

"The only thing necessary for the triumph of evil is for good men to do nothing. "

You have to fight.

 

[DreamKing]

I can only quote Edmund Burke to you.

"The only thing necessary for the triumph of evil is for good men to do nothing. "

You have to fight.

the problem is, the evil is too big now.
the anc idiots are everywhere, I personally don't expect anc will fall after 2019 election.

I don't have that power to fight.

I will see what is going to for my case, I think I will seek the 2nd opinion from the other accountant and see....

may be at the end, I will go to pay for the penalty and interests (worst scenario), re-file the period for that non-claimed again. I am hopeless.

thank you for your opinion.

 

[MirageF1]

Can SARS do that?

They can do as they wish. As every other revenue service in the World can and does when needed.

 

[MirageF1]

I can only quote Edmund Burke to you.

"The only thing necessary for the triumph of evil is for good men to do nothing. "

You have to fight.

That's a rich statement.

"From the safest places, come the bravest words..."

Your telling him to fight reminds me of that ^^^ line in a song from one of the greatest, underrated 80s independent bands, The Sound.

The song is called aptly.."New Dark Age"

 

[Coldon1]

It sounds like sars did a verification/audit on your vat return and then disallowed some vat expenses claimed. If correct procedures were followed with objection it could have been allowed. There is still a chance to fix this or even claim those expenses in a future period depending on reason they were dissalowed. I am a tax practitioner and could look at it if you like.

 

[Frequent visitor]

i speak

That's a rich statement.

"From the safest places, come the bravest words..."

Your telling him to fight reminds me of that ^^^ line in a song from one of the greatest, underrated 80s independent bands, The Sound.

The song is called aptly.."New Dark Age"

I doubt he will be physically threatened by SARS if he raises the matter. My 'safe place' involved listening to bombs at night in Afghanistan, having to call in a platoon of armed troops in Uganda, having a gun pulled, facing down knives, being threatened and so on. I have had friends killed in the line of duty. At the moment I am in SA, not as safe as the part of the UK where we live half the time (although some parts of the UK were and are dodgy). I think I can claim to be aware of the risks.

 

[MirageF1]

i speak

I doubt he will be physically threatened by SARS if he raises the matter. My 'safe place' involved listening to bombs at night in Afghanistan, having to call in a platoon of armed troops in Uganda, having a gun pulled, facing down knives, being threatened and so on. I have had friends killed in the line of duty. At the moment I am in SA, not as safe as the part of the UK where we live half the time (although some parts of the UK were and are dodgy). I think I can claim to be aware of the risks.

I've used a rifle during my 2 yr N.S stint in SADF late 80s, lived in Israel during '82 invasion of S.Lebanon hearing our windows rattle to the sound of overhead F15/16s roaring on their way to smash PLO targets , grew up in crime ridden S.A and spent 15 years in UK....and your point is besides crowing?

 

[droidx]

Unfortunately SARS can and do.
Is it unfair? Yes, but you have to play by their rules.

Have SARS requested documentation for that return? If they have and you did not respond after the second request, they will decline all inputs and charge you penalties and interest on the unpaid amount.

That's one scenario.
They log the request online, notifications don't always make it, depending on the profile set up.

Either way, it will take time to correct this.
The only way is to follow the correct channels. Get a tax professional to help you. It will be expensive but you have to way that up vs the amount of money you are in for.

A run of the mill accountant won't always be able to assist in these kind of scenarios.

Good luck, it is a frustrating experience.

 

[TheMightyQuinn]

i speak

I doubt he will be physically threatened by SARS if he raises the matter. My 'safe place' involved listening to bombs at night in Afghanistan, having to call in a platoon of armed troops in Uganda, having a gun pulled, facing down knives, being threatened and so on. I have had friends killed in the line of duty. At the moment I am in SA, not as safe as the part of the UK where we live half the time (although some parts of the UK were and are dodgy). I think I can claim to be aware of the risks.

OMG...here we go again.

Haven't we "talked" about this schit and didn't you promise to stop?

 

[MirageF1]

OMG...here we go again.

Haven't we "talked" about this schit and didn't you promise to stop?

Oh so he's well known for blowing his own smelly farts i see?

 

[TheMightyQuinn]

Oh so he's well known for blowing his own smelly farts i see?

You don't know half of it....

 

[xrapidx]

File a complaint with the ombudsman

 

[MirageF1]

You don't know half of it....

rather not,actually....lost interest after the "having to call in a platoon of armed troops in Uganda " bit

sounds like either a complete retard or worse....self medicating on hallucinogens