SARS. Help Please.

Celine said:
mila i'm sorry to hear of your mom's predicament but this assessment is prescribed. therefore you cannot lodge an objection against it. i don't know why the consultants at SARS have not told you this. my advise to you is to get a loan of sorts and settle this debt as soon as possible otherwise start making payments of as much as you possibly can. if you can afford R2000.00 per month, then please start making payment. this is a large amount of money and SARS will attach assets to the value of.
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OMG....
 
Celine said:
mila i'm sorry to hear of your mom's predicament but this assessment is prescribed. therefore you cannot lodge an objection against it. i don't know why the consultants at SARS have not told you this. my advise to you is to get a loan of sorts and settle this debt as soon as possible otherwise start making payments of as much as you possibly can. if you can afford R2000.00 per month, then please start making payment. this is a large amount of money and SARS will attach assets to the value of.
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Sorry but this is bollocks...

Its not her debt, SARS need to sort their crap out. To expect someone to get a loan to make a SARS mistake go away is not bloody on.
 
Mila said:
She did and they did send the letter, they also want to know where the IRP 5 comes from.

The thing that makes it more confusing for everybody is that she does now work for the company, she only started there in 2002 though and the IRP 5 Dates back to 1995. The Company has no history of the IRP 5 in question.

It is such a confusing mess that I don't think anybody wants to work with it.
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This is all very, very strange. Sounds like more than a simple admin error.

SARS need to launch an investigation. I honestly think that she needs actual legal representation now, which is a shame. Be sure to keep records of all correspondence with SARS so that you can at least attempt to recover some legal costs from them at the end of this, by showing their unwillingness to come to the party at all.

This is a complicated mess that needs swift resolution before it becomes something even bigger...
 
ToxicBunny said:
Sorry but this is bollocks...

Its not her debt, SARS need to sort their crap out. To expect someone to get a loan to make a SARS mistake go away is not bloody on.
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Celine seems like the SARS person on MyBB :whistle:

http://mybroadband.co.za/vb/showthread.php/466761-SARS-Travel-and-Logbook
http://mybroadband.co.za/vb/showthread.php/518349-SA-tax-law-to-get-complicated
http://mybroadband.co.za/vb/showthread.php/508714-Penalties-swell-SARS-coffers

In regard with the thread, you have my sympathies. I am having trouble across several months re-registering TAX, VAT and PAYE on our revived company, only received the TAX registration confirmation last week.

DJ is correct, SARS needs to launch a investigation and legal support will be necessary, this in relation with my POV on this matter.
 
Mila, I'm not seeing any good advice for you here.

Perhaps she had better drive down to Pretoria for a day or two, and go and see the people there in HQ in the CBD.

If they are unable to sort this, ask them kindly for a tax attorney close by, they should have a few references available.

It would be better to get a small loan to pay a tax attorney, than to do the outrageous thing that has been suggested here and pay the whole amount.
 
Fulcrum29 said:
Celine seems like the SARS person on MyBB :whistle:

http://mybroadband.co.za/vb/showthread.php/466761-SARS-Travel-and-Logbook
http://mybroadband.co.za/vb/showthread.php/518349-SA-tax-law-to-get-complicated
http://mybroadband.co.za/vb/showthread.php/508714-Penalties-swell-SARS-coffers

In regard with the thread, you have my sympathies. I am having trouble across several months re-registering TAX, VAT and PAYE on our revived company, only received the TAX registration confirmation last week.

DJ is correct, SARS needs to launch a investigation and legal support will be necessary, this in relation with my POV on this matter.
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I know she's the SARS person here, but just suggesting the person pony up and pay for something that isn't theirs is just not on.
 
ToxicBunny said:
I know she's the SARS person here, but just suggesting the person pony up and pay for something that isn't theirs is just not on.
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Yah, I know, only very interesting to see her advice (or her motivation) on the matter, she makes that SARS is without problems. My accountant would be like WTF! when I provide him with such a scenario. I have heard about SARS mess up big time then put the onus (penalties) on the tax payer.

Happily I never had issues with returns, only this registration idiocracy I’m going through with the company registration I mentioned… now only need to get VAT and PAYE sorted which is an urgent priority at this stage.
 
Celine said:
mila i'm sorry to hear of your mom's predicament but this assessment is prescribed. therefore you cannot lodge an objection against it. i don't know why the consultants at SARS have not told you this. my advise to you is to get a loan of sorts and settle this debt as soon as possible otherwise start making payments of as much as you possibly can. if you can afford R2000.00 per month, then please start making payment. this is a large amount of money and SARS will attach assets to the value of.
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You're on a roll today aren't you?
 
when exactly was this assessment done? in 1995? when was the IRP 5 attached to the assessment? in 1995? or at a later stage i.e. now? if it is now then you have every right to contest it. but the matter here is that SARS has this on their system as being her IRP 5 certificate and you cannot argue that. if the IRP 5 is made out in her name then how exactly are you going to argue against the system? where is the said IRP 5 certificate? mila do you have a copy of this certificate? if so pm me please i will help you for sure. don't be afraid. where other consultants won't touch this sort of thing i will. i will take SARS on with no qualms whatsoever. i am known for taking on mad cases like this.
 
Tax Ombudsman?


Contact Details for Tax Ombud: South Africa
South Africa's Tax Ombud is open and accepting complaints.

The Tax Ombud's office can be contacted at (012) 431-9105 or [email protected]

The physical address is IParioli building, Block A3, Ground Floor, 1166 Park Street Hatfield, Pretoria, 0157.
 
Fulcrum29 said:
Yah, I know, only very interesting to see her advice (or her motivation) on the matter, she makes that SARS is without problems. My accountant would be like WTF! when I provide him with such a scenario. I have heard about SARS mess up big time then put the onus (penalties) on the tax payer.

Happily I never had issues with returns, only this registration idiocracy I’m going through with the company registration I mentioned… now only need to get VAT and PAYE sorted which is an urgent priority at this stage.
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the problem with this is if the assessment was done in 1995 then the period IS prescribed and there is nothing you can do. go to the SARS website and read up on prescribed periods.
 
Celine said:
the problem with this is if the assessment was done in 1995 then the period IS prescribed and there is nothing you can do. go to the SARS website and read up on prescribed periods.
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I don't know when her mom received the notice, but:

My mom received a notice of R75 000 outstanding from 1995.
She can't log a notice of objection, because their system don't take objection notices older than 2007.
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http://www.sars.gov.za/FAQs/Pages/2039.aspx

What is the prescribed period to submit a notice of objection?

A taxpayer must submit a notice of objection within 30 days from the:

date of the assessment
date when written reasons are given by SARS (or indicated as having already been given)
Top Tip: If the taxpayer is unable to comply with this period, he or she must state the reason for failure to submit the objection within the prescribed period.
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Everything that I put in BOLD is applicable and with legal advice might overcome this burden by SARS.
 
fulcrum - SARS is lenient with the 30 days notice of objection. you can give notice after 90 days and can have the assessment revised. what are you saying?

when i asked mila when the assessment was done she said 1995.

The 30 day period within which an objection must be lodged, may be extended by SARS for a further 30 days in terms of section
81(2) of the Income Tax Act where SARS is satisfi ed that reasonable grounds exist for the delay in lodging the objection. In terms of
the proviso to section 81(2), the period for the lodging of an objection may not be extended -
a) beyond 60 days of the date of assessment, notice by SARS, or date that reasons were furnished – as the case may be - unless
exceptional circumstances exist which gave rise to the delay;
b) where more than 3 years have lapsed from the date of the assessment; or
c) where the grounds for the objection are based wholly or mainly on any change in practice generally prevailing, that was
applicable on the date of the assessment in dispute.


now when i'm talking about prescribed i am referring to letter "b" as quoted above. not your quote of the 30 days objections and appeals.
 
Thanx Celine. I will follow your advice.

The issue is she was not aware of the assessment as she did not work at that point and never received any form of notification from them.

But I will ask her to ask SARS for the IRP 5 and we will go from there.

Thanx guys, I will keep you updated.
 
Celine said:
fulcrum - SARS is lenient with the 30 days notice of objection. you can give notice after 90 days and can have the assessment revised. what are you saying?

when i asked mila when the assessment was done she said 1995.

The 30 day period within which an objection must be lodged, may be extended by SARS for a further 30 days in terms of section
81(2) of the Income Tax Act where SARS is satisfi ed that reasonable grounds exist for the delay in lodging the objection. In terms of
the proviso to section 81(2), the period for the lodging of an objection may not be extended -
a) beyond 60 days of the date of assessment, notice by SARS, or date that reasons were furnished – as the case may be - unless
exceptional circumstances exist which gave rise to the delay;
b) where more than 3 years have lapsed from the date of the assessment; or
c) where the grounds for the objection are based wholly or mainly on any change in practice generally prevailing, that was
applicable on the date of the assessment in dispute.


now when i'm talking about prescribed i am referring to letter "b" as quoted above. not your quote of the 30 days objections and appeals.
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She did not work at the company in 1995 which means that nothing can be possibly prescribed, SARS must provide reason against what is already submitted, neither did she work there 3 years later, which nulls your argument. This is SARS extortion, nothing less, where is their assessment and notice from 1995?
 
Fulcrum29 said:
She did not work at the company in 1995 which means that nothing can be possibly prescribed, SARS must provide reason against what is already submitted, neither did she work there 3 years later, which nulls your argument. This is SARS extortion, nothing less, where is their assessment and notice from 1995?
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both mila and i are in private message mode at the moment. at this stage we will not be discussing this matter further with anyone on the forum. thanks for everyone's involvement.

regards

celine
 
Try the ombudsman first - perhaps he can assist. I doubt Celine will gets this wrong though so I'd suggest getting ready to actually pay too.

Question to all though - wouldn't the debt have prescribed too? As in the context of debt no longer valid not the SARS kind of prescribed.
 
Celine/Mila...I have a friend that works at SARS, she has always been willing to help me when I've had questions or needed info etc, if you want her addy, pop me a message.
 
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