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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1510
Experience:  BCom; LLB; Masters in Law
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My accountants have submitted a comprimise offer to SARS for

Customer Question

My accountants have submitted a comprimise offer to SARS for PAYE, SDL and UIF that wasn't paid in full when I started the business. They have declined the offer but will still send me a formal email notifying me of the decline. They did mention something about a new proposal I can submit. I'm just waiting for the email to get clarification but would like to find out if in the notification from SARS will they specify the reason for the decline in other words what I can propose to have it accepted?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.
Hi there and thank you for your question,Unfortunately SARS will not give you full reasons for not accepting any compromise offer. They might say that it is too low, but they won't tell you what they will be willing to accept. It will be up to you to carry on increasing your offer until it is accepted. SARS don't really want to accept compromise for taxes that you were SUPPOSED to pay. e.g. PAYE, SDL, and UIF. They will however generally accept compromises for taxes like Income Tax. My advice is to carry on increasing your offer (a little at a time) until it's accepted. If there is something more specific that you need clarity on, please continue in this same thread. Let me know if you need more advice!I hope you found my answer helpful. If you did, PLEASE rate my answer & please leave me positive feedback! Good luck and best regards,CaseLawPlease note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.
Customer: replied 1 year ago.
Thank you for your reply. During this negotiating phase will there be any drastic measures that SARS would take? The UIF, SDL and PAYE I wasn't aware of and only learnt within the after the first six months after paying over all the money over to a corrupt accountant who ran away with all my money. Fortunately found honest accountants who have gotten my books in order and have been on the straight and narrow since.
Expert:  CaseLaw replied 1 year ago.
SARS can attach your business assets and they can obtain a judgment against you without notifying you. That's quite drastic. My advice is to settle with them as quickly as possible. Your advantage is that the accountant stole the money, so it's not like you actually stole it from SARS. You could also try recover it from the accountant, but then SARS would want ALL of their money!
Expert:  CaseLaw replied 1 year ago.
Hi there again,
I hope that you understood the above advice and that it was useful? Please leave positive feedback for me.
If you have a further question please ask it?
Expert:  CaseLaw replied 1 year ago.
If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".If my are HAPPY with my answer then please click one of the SMILEY FACES to rate my answer and then click the GREEN ACCEPT button to accept the answer.

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