New rules governing objections and appeals under the Tax Administration Act were promulgated by the Minister of Finance on 10 March 2023.
Notwithstanding the aforementioned amendment, it should be noted that taxpayers still only have 30 business days from the date of assessment to request reasons required to enable them to formulate an objection. This may have been the case where taxpayers needed more than the prescribed 30-day period previously provided for under Rule 7 to collate all substantiating documentation – particularly in large or complex disputes.
Rule 31, which relates to the introduction of a new ground of assessment, has been amended and is now worded in the positive, whereas previously it was worded in the negative. In this regard, the parties may agree to the shortening of the time periods, or, agreement can be reached between one of the parties and the clerk or Registrar of the Tax Board or Tax Court.This amendment to the rules will allow taxpayers and SARS to speed up the dispute resolution process where appropriate, by agreement.In terms of the new rules, the categories of persons who can serve as an alternative dispute resolution facilitator have been broadened.
Source: Law Daily Report (lawdailyreport.net)
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