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I received a letter of final demand and paye from sars. They…

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I received a letter of...
I received a letter of final demand for vat and paye from sars. They have informed me that the monies must be paid in 10 days. I do not have the finances to pay in full. I have tried to contact them but have not recieved a reply via emsil or phone.
Submitted: 2 years ago.Category: South Africa Law
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Answered in 10 hours by:
2/22/2016
Lawyer: Freddie Lombard, Attorney replied 2 years ago
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,819
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

I am afraid that I do not have very good news for you. SARS is different from any other creditors in that they can in fact take judgment against you without even serving summons on you.

Your best (if not only) option will be to make an appointment to go see someone at SARS and explain your situation and try and negotiate a down payment of the money you owe them. They usually agree to let you do it in 3 to 6 months.

If all else fails, you might consider sequestration.

I know that this was possibly not the answer you were hoping for but please bear in mind that I am obliged to supply you with sound legal advice in accordance with the current legal position and that I am not able to change the laws to suit your case.

I therefore ask that you keep this in mind when rating my service and that you will rate my service, irrespective whether you like my answer of not.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards

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Customer reply replied 2 years ago
Whatvdoes sequestration involve and where does thatvleave me from a legal point of view
Lawyer: Freddie Lombard, Attorney replied 2 years ago

You are declared bankrupt by the court and your assets is sold and proceeds divided between creditors with SARS having a preferential claim before other creditors.

If that happens then your creditors cannot come after you for the balance of the debt.

That might sort out the civil problems that you have with SARS with regards ***** ***** payment of the money but they can also lay criminal charges against you as it is a criminal offense not to pay your taxes. They do not usually however prosecute the man on the street.

You can click on this link to read a bit more about your options.

Please be so kind as to rate my service as I do not get any credit from Just Answer if you do not rate.

Kind regards

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Lawyer: Freddie Lombard, Attorney replied 2 years ago

Hi there,

I have noticed that you have not yet rated my service and consequently I am not sure if you still need help from me or if you are satisfied.

Please rate my service positively if you are satisfied.

Kind regards

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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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