Tax Legal Specialist Services

Tax Consulting South Africa has a specialist team of tax attorneys, chartered accountants and tax professionals who provide support on complex matters to taxpayers and their professional advisors.

Any information and consultation exchanged between you and an attorney carries with it the protection of legal confidentiality and privilege. Our team of attorneys will create a safe and constructive environment to assess risk and provide advice on tax compliance and the corresponding tax implications.

Our Tax Legal Services include:

SARS Audit Management

There is arguably nothing as stressful for an individual or a company as when SARS comes knocking on your door requesting an audit. Let our team assist you to navigate through the challenges of an audit by mitigating your risk and provide you with peace of mind that every step of the way is under experienced and pedant control.

Tax Legal Objections

Where an assessment is issued by SARS and a taxpayer disagrees therewith, we specialise in assisting the taxpayer with formally objecting against the assessment. We provide both strategic counsel as well as strict compliance with the official rules of Dispute Resolution.

Advance Tax Rulings

We assist taxpayers to apply to the South African Revenue Service for Tax Rulings, including Binding Private Rulings, under the Advance Tax Ruling System and which can address the tax treatment of certain commercial transactions. Although tax advisors (such as ourselves), accounting practices, law firms and counsel may issue tax opinions, the answer is seldom clear cut. The most prudent approach is to request from SARS directly a Ruling to confirm tax treatment.

Tax Litigation Management

Our team of attorneys has a wealth of experience in litigation across many sectors in all South African courts. The team drives and manages all phases of litigation which includes initial case review, sourcing of information and documentary evidence, drafting pleadings and notices, attending to Tax Court proceedings and entering into settlement negotiations where appropriate. Our team effectively combines with other professionals of the firm to ensure the best, most cost effective, results for our clients.

Tax Structuring and Planning

Our coordinated team of admitted attorneys and compliance experts provide structuring and tax planning services for individuals and businesses, catering for their specific needs. Corporate mergers & acquisitions, group restructuring, drafting of contracts and financial due diligence form part of our tax structuring and planning model.

Alternative Dispute Resolution

Where a taxpayer feels that they have been aggrieved by an assessment issued or decision taken by SARS, we assist in initiating Alternative Dispute Resolution (“ADR”). A mechanism other than litigation, or adjudication through South African courts providing a more cost-effective solution for taxpayers. Ensuring proper compliance with the applicable rules and the adoption of an approach to achieve resolution through settlement.

Voluntary Disclosure Programme

The SVDP deadline has since lapsed (31 August 2017). However taxpayers who did not avail themselves of the SVDP remain in a position of non-compliance are not without options. The SARS Voluntary Disclosure Programme (VDP) is administered under the Tax Administration Act, 2011 and has been open to taxpayer since 1 October 2012. Taxpayers who are therefore in a position of tax non-compliance, should investigate whether they qualify for the VDP process and consider whether now is perhaps the time to disclose their historical tax defaults. We facilitate this process and are well versed with the VDP provisions to advise taxpayers of a correct disclosure on a first-time base.

Tax Penalty Reduction

Taxpayer’s frequently submit their provisional tax returns late or not at all; in terms of the recent amendments to the tax legislation, where a provisional tax return is submitted late, a “nil” return will be deemed to have been submitted. In either of the aforementioned instances, SARS will levy penalties of up to 200% and / or administrative penalties which can be R16,000 per month. Taxpayers should become aware that there is room to have these penalties and interest reduced, and in certain circumstances, to have the full amount waived by SARS. However, this is only possible where SARS is approached before the taxpayer has paid the outstanding tax liability and the appropriate process is followed. If SARS has levied penalties and / or interest against your provisional tax liability, you should mandate our team to negotiate with SARS to try reduce your tax liability.

Tax Legal Opinion

Our team of tax attorneys, chartered accountants and tax specialists are readily available to answer any tax-related questions you may have, providing objective legal opinions backed up by tax law.

Tax Due Diligence

A tax due diligence is an investigative analysis into the operations of a business in order to identify tax risks and ensure that the taxpayers are compliant with the South African tax legislation. A tax due diligence is most commonly recommended with the proposal of a merger or acquisition, and the target taxpayer needs to be vetted. It can, however, also be beneficial for a company to identify any conceivable tax exposures.

Let one of our Tax Legal Specialists contact you: