As part of SARS' recent media release emphasising the implementation of its new tough penalty regime, SARS is threatening to take the money from your bank or your employer.
"Can they do this?" you ask in despair.
Section 99 of the Income Tax Act gives SARS the power to appoint anyone as its agent in collecting money on its behalf. Your pensions,salary or any other remuneration are specifically included in this section. So YES SARS can appoint your banker or your employer as its agent to pay over to SARS any monies due by you to SARS.
Can you do anything to prevent this?
Aspects of the constitionality of this together with sections of the Promotion of Administrative Justice Act (PAJA) have been challenged - mostly unsuccessfully. Any challenge you make would depend on your specific circumstances. You will need to seek professional advice here.
What can I do about it?
Any action by SARS affecting you needs to be procedurally fair. Section 3 of the Promotion of Administrative justice sets out some criteria for this. You have a right to know the reasons for the action taken by SARS (Section 5 of PAJA).
Practically, this should not come as a surprise to you. Before SARS undertakes drastic measures such as s99, SARS will hound you and even summons you to submit tax returns and pay your taxes. Ignore these efforts by SARS at your peril.
Take these' warnings seriously - get your affairs in order. Contact Wayne or Debbi on 033 330 7333 to find out how we can assist you.
Can you do anything to prevent this?
Aspects of the constitionality of this together with sections of the Promotion of Administrative Justice Act (PAJA) have been challenged - mostly unsuccessfully. Any challenge you make would depend on your specific circumstances. You will need to seek professional advice here.
What can I do about it?
Any action by SARS affecting you needs to be procedurally fair. Section 3 of the Promotion of Administrative justice sets out some criteria for this. You have a right to know the reasons for the action taken by SARS (Section 5 of PAJA).
Practically, this should not come as a surprise to you. Before SARS undertakes drastic measures such as s99, SARS will hound you and even summons you to submit tax returns and pay your taxes. Ignore these efforts by SARS at your peril.
Take these' warnings seriously - get your affairs in order. Contact Wayne or Debbi on 033 330 7333 to find out how we can assist you.
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