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11 YEARS LATER Good day I have just had the shock of my life.

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11 YEARS LATER Good day I have...
11 YEARS LATER
Good day
I have just had the shock of my life. My tax was lodged last week, and I got a return on Monday saying I owe them R19 998 from 1999! This is an additional assessment they decided to do?
Question: Is it legal to tax a person 11 years later? I have moved around and do not have my docs from way back then anymore.
I do not have the funds, believe it is from a lump sump I received in 1999 when I was retrenched, but had a tax directive, expert advice, and my tax has always been loyally paid by myself whenever I owed them anything, leaving me on NIL balance till the results of the next year.
I AM TERRIFIED AND DO NOT KNOW WHAT TO DO! 61, How do I pay that if I do not have it?
Submitted: 8 years ago.Category: South Africa Law
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Answered in 1 hour by:
7/7/2010
Lawyer: CaseLaw, Attorney replied 8 years ago
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,706
Experience: BCom; LLB; Masters in Law
Verified
Hi there,

When you received the lump sum benefit, what motivated you to get a tax directive and expert advice on the matter? Was it foreseen that SARS would try to tax you on the benefit received?

In terms of rule 3, any taxpayer who is aggrieved by any assessment may request SARS to furnish reasons for the assessment. This must be done in writing and delivered to the SARS office where the assessment was issued, within 30 days after the date of the assessment.

Where SARS is of the opinion that adequate reasons have already been provided, SARS must, within 30 days after receipt of the notice wherein reasons were requested, notify the taxpayer thereof in writing. The notice must refer to the documents wherein such adequate reasons were provided.

There is no prescribed form that must be used for requesting reasons. The written notice must, however, specify the address at which the taxpayer will accept notice and delivery of such reasons and all documents in terms of the proceedings contemplated in Rule 26.

Those reasons are the in-road that SARS uses in order to get into section 79, and actually raise an additional assessment ... if the reasons do not exist, then they can't raise an additional assessment.

You should ask an accountant who specialises in Income Tax to assist you in your communications to SARS, or an attorney who specialises in Income Tax.

The Income Tax Act is very complicated, and you need some help on with it!!!

Good luck, thank you for your question, and kindly accept my answer. Please leave some positive feedback for me!!!

If you feel that this answer exceeded your expectations feel free to award a bonus.

Regards


GoldLaw


Please 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.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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