This is not the time to take risks. SARS has learnt from past mistakes and is leaving no stone unturned in pursuit of tax revenue.
To prevent SARS from taking any of the aforementioned collection steps, it is imperative that a tax specialist be engaged to prepare a Request for Suspension of Payment as soon as possible. A request for suspension of payment is a request made to SARS that a tax debt temporarily be suspended, pending the outcome of a dispute.
Further, where a request for a suspension of payment falls short of addressing the required elements, SARS may be inclined to reject a request for suspension of payment and the taxpayer faces the risk that SARS may commence with collection proceedings.
Section 164(6) of the Tax Administration Act further protects the taxpayer by providing that even where the request has been denied, SARS may not proceed with collection proceedings for a period of 10 business days after the request has been denied.
In the event that SARS does proceed with collection steps against the taxpayer within that period, it is essential that the taxpayer be aware of the legal avenues available to him.
Our multidisciplinary team of highly qualified tax attorneys and chartered accountants will be able to assist you in drafting a compelling and well-motivated request for suspension of payment, giving you the best opportunity to suspend that immediate tax liability, and to accurately advise which steps to follow, should SARS overstep. Any personal information shared with our tax attorneys will be protected by legal privilege.
