Proposed tax changes have been published for public comment – including new provisions that will impact taxpayers and how they deal with SARS.
The South African Revenue Service is dealing with a growing backlog of tax disputes, and new laws are being proposed to make it easier to deal with them.According to tax experts at PwC, the proposed laws carry at least six significant proposals that will impact taxpayers and their tax affairs, which should be noted and considered.
“It is therefore hoped that further clarification will be provided in relation to how the ‘fit and proper’ test will be applied to natural persons who are not legal professionals,” it said.Given that SARS is dealing with a backlog in tax disputes, it is proposing that it would be more efficient for taxpayers to be able to follow the ADR route at the objection stage instead of having to lodge an appeal before ADR becomes available.
However, the proposal does give a better route to resolving disputes without having to land up in court.This proposed amendment aims to create an additional remedy for a taxpayer to approach the tax court for an extension of up to 120 business days to lodge its appeal should such extension be in the “interest of justice”.
To promote the utilisation of the tax board, PwC said it would be interesting to see whether the monetary jurisdiction of the tax board, which is currently R1 million, will be increased.Given that companies are automatically registered for income tax on formation, it is proposed that the one‐month period within which the public officer must first be appointed be removed and that a public officer be appointed at formation of the company.
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