At That Point
  • home
  • our story
  • our services
  • our take on AI
  • your resources

This is how you tackle a Letter of Demand from SARS

6/8/2025

0 Comments

 
Picture
A letter of demand from the taxman is like a financial fire alarm to jolt you into action to prevent the heat from turning into flames. But don’t expect any shrill sirens or flashing lights to alert you to the fact that you owe taxes. The SA Revenue Service (SARS) typically uploads the letter of demand on your eFiling profile and – provided you have updated your contact details – also sends an email or SMS notification. “Unfortunately, many taxpayers only realise they've received this when their bank account is already frozen or their salary garnished,” says Razael Manikus, COO at Latita Africa. “At that stage, it’s very serious but you can still solve the problem by acting immediately.”
 
What is a letter of demand?
It’s a formal notice issued when SARS believes you owe tax. Often this debt is due to incorrect IRP5s or third-party data mismatches; unclaimed deductions not reflected correctly (such as medical aid or retirement contributions); undisclosed investment or rental income; penalties on late submissions or underpayments from previous years; or reversed refunds after a SARS audit.
 
SARS often sends reminders before the official Final Letter of Demand, but these reminders are courtesy communications, not legally required steps. SARS can send SMSes, emails, or eFiling notifications reminding you of outstanding balances. These are not legal letters and don’t trigger the 10-business day enforcement countdown. The purpose is to give taxpayers a chance to settle before formal debt collection begins.  The final (and only) letter of demand is the first legal step in SARS debt collection. This is issued via eFiling, email, or physical post to your registered address. This starts the 10-business day period before SARS can take enforcement action (e.g., bank account debit, salary garnishing, property attachment etc).
 
What happens if you ignore it?
SARS can, without further warning, deduct money from your income via garnishee orders to your employer or clients. The Revenue Service can also attach your bank funds, withhold tax clearances and refunds, and get a court judgment that will blemish your credit record. In cases of repeat non-compliance, SARS can even refer you to the National Prosecuting Authority.
 
Assess your situation
Log into your SARS eFiling profile to check the date when the letter of demand was issued (under ‘Correspondence’). That’s the start of your 10-business-day response window. Review your statement of account to identify the source of your debt and the tax period involved. If the amount is correct and you’re able to pay, do this immediately. Use the payment reference number on the letter to pay SARS.
 
Pause the problem
Apply for a suspension of payment, if you can’t pay or need breathing space before disputing the amount. This legal mechanism doesn’t cancel the debt but pauses SARS’s ability to collect. You can apply for a suspension of payment via eFiling or your tax representative. Attach a statement of financial hardship and your latest bank statements, or a note explaining your intention to dispute. 
 
Make a plan
If you accept your debt but can’t pay in full, SARS may agree to a deferred payment plan with instalments. Or you could negotiate a compromise of tax debt, where SARS reduces your debt if the full payment would cause you financial hardship. 
 
Dispute, if needed
If you believe the assessment is wrong, lodge a formal notice of objection on eFiling. You have 30 business days from the original assessment. Clearly explain the reason for your objection, and attach supporting documentation (such as invoices, proof of payments, or bank statements).
 
“SARS aren’t trying to trick you,” says Manikus. “They only want what’s legally owed to them.” It’s crucial to follow the correct procedures and timelines when receiving a letter of demand. Don’t assume the problem will resolve itself, instead speak to a qualified tax expert immediately, she says. Timing is everything.
 
ENDS
 
MEDIA CONTACT: Idéle Prinsloo, [email protected], 082 573 9219, www.atthatpoint.co.za 
 
For more information on Latita Africa please visit:
Website: https://latitaafrica.com/
LinkedIn: https://www.linkedin.com/company/latita-africa/?originalSubdomain=za
Facebook: https://www.facebook.com/latita.africa/       
X: https://twitter.com/latita_africa

0 Comments

Avoid the Crossfire in a SARS Dispute

22/5/2024

0 Comments

 
Picture
Taxpayers increasingly view themselves as walking a tightrope from a compliance perspective, with SARS (South African Revenue Service) on one side and a daunting administrative burden on the other.

The stakes can be very high, and it does not help that the rules of engagement are always changing.

When it comes to disagreements with SARS, things certainly have changed from how they used to be. Providing half answers to SARS requests, with no substantial detail, along with an inclination to try and keep important information away from SARS is now hurting more and more taxpayers. SARS is evolving, and in order to avoid friction with the taxman, taxpayers need to adapt.

One of the golden rules in tax is that the onus of proof generally falls on the taxpayer. At the same time, the tax authority has become increasingly proficient and vigilant in its collection efforts. So, how do you ensure you’re not caught on the wrong end of SARS, or in the crossfire of a SARS dispute?

“Prevention is certainly better than cure, when it comes to tax. But when things do go wrong, before you decide to lodge a dispute, it’s crucial to first be honest about the completeness and accuracy of your submissions – and to approach the dispute from that angle,” advises Razael Manikus, COO at Latita Africa.

Common Reasons for Tax Disputes
In the past, taxpayers would often point fingers at SARS for their woes. Denied their deductions and misplaced assessments, despite providing sufficient evidence, were common culprits. Now, however, the tables are turning. According to Manikus, an increasing number of tax disputes are arising from taxpayers or their accountants either submitting incorrect (e.g. nil) returns or providing incomplete to no information during SARS verification requests.

“More and more, we have found disputes becoming necessary due to rushing tax return submissions through at the last minute to avoid late penalties. Many times, this is done under the impression that it will be corrected later, which is not always the case and there are many instances when no corrective steps are taken in time. Unfortunately, this only makes matters worse,” says Manikus.

Becoming Tax Compliant and Resilient
According to the firm, the best defence against an adverse tax assessment by SARS is a strong offense – in other words, proactive tax management. For both businesses and individual taxpayers alike, integrating tax planning and management into your financial routine is essential. Being well prepared for submissions on time eliminates the need to rush and reduces the risk of costly errors or omissions.

A strategic, evidence-first approach to your tax affairs is key. “A competent tax advisor will help you develop a personal and business tax management system that keeps you compliant and resilient to adverse tax events. This should be a hallmark of your relationship with your advisor,” says Manikus.

Getting the Ball Rolling
SARS is not infallible. Mistakes can occur, and when they do, having a proactive stance allows you to address the issues head-on. Your first step in challenging an incorrect tax assessment is usually to submit a Request for Reasons, compelling SARS to provide definitive reason for their assessment if one has not already been given. This not only equips you with valuable information to build your case but also keeps SARS to the defined issues (i.e., reasons) later on.

With an evidence-based approach, meeting the (generally 80-business-day) deadline to lodge an objection becomes a lot more manageable. Even if this deadline is missed, you can still take action up to three years later in many cases, provided you have compelling reasons for the delay.

Knowing When to Hand Over
Navigating the maze of the tax dispute resolution process with SARS requires more than just mere persistence or principle; it demands expertise. A diligent tax practitioner also knows that a dispute is not the only tool at their disposal. They might, for instance, recommend a (non-contentious) Request for Reduced Assessment when appropriate.
​
Understanding the full range of mechanisms available for dealing with SARS is crucial. A qualified tax practitioner, armed with a mastery of these tools and strong legal expertise, can protect your rights throughout the process.
“SARS is to be commended for its commitment to becoming a technologically advanced tax authority, but taxpayers will increasingly need specialist help to stay ahead of the compliance curve, as it remains a moving target,” adds Manikus.

Staying Ahead in the Compliance Game
In the world of tax compliance, staying ahead of the game requires more than just following the rules – it requires strategic planning, proactive management, and expert guidance.

As SARS evolves, so must your approach to SARS engagement. In the land of the blind, the one-eyed man is king. Equally so, by taking an evidence-first approach and seeking the right expertise where necessary, you can confidently navigate this new era of tax compliance with a full view of the risks ahead of time and the means to effectively deal with them.

ENDS
 
MEDIA CONTACT: Idéle Prinsloo, [email protected], 082 573 9219, www.atthatpoint.co.za 
 
For more information on Latita Africa please visit:
Website: https://latitaafrica.com/
LinkedIn: https://www.linkedin.com/company/latita-africa/?originalSubdomain=za
Facebook: https://www.facebook.com/latita.africa/       
X: https://twitter.com/latita_afric

0 Comments

    Author

    Write something about yourself. No need to be fancy, just an overview.

    Archives

    August 2025
    May 2025
    April 2025
    January 2025
    December 2024
    November 2024
    September 2024
    July 2024
    May 2024
    April 2024

    Categories

    All
    Budget 3.0
    Carbon Emissions
    Compliance
    Crypto
    Crypto Tax
    Cyril Ramaphosa
    Donald Trump
    Environment
    European Union's Carbon Border Adjustment Mechanism
    Expat Tax
    Global Minimum Tax Act
    GloBE Information Return
    GNU
    Godongwana
    Government Of National Unity
    Jemaine Mainkus
    Jordan Mulindi
    Latita Africa
    Letter Of Demand
    Multinational Enterprises
    National Treasury
    OECD
    President Cyril Ramaphosa
    Razael Manikus
    Retirement
    Roxanna Naidoo
    SARS
    SONA 2025
    South African Revenue Service
    Tax
    Tax Administration Act
    Tax Compliance
    Tax Debt
    Tax Dispute
    Tax Disputes
    Tax Evasion
    Tax Fraud
    Tax Law
    Taxpayers
    Thomas Lobban
    Top-up Tax
    TransNet
    Two-pot
    Value Added Tax
    VAT
    Voluntary Disclosure Programme
    Voluntary Discolosure

    RSS Feed

© COPYRIGHT 2025
ALL RIGHTS RESERVED
  • home
  • our story
  • our services
  • our take on AI
  • your resources