How to apply for an extension if your VAT objection is late
29 January 2014
Posted by: Author: FSP Business
Author: FSP Business
you disagree with SARS' assessment on your VAT affairs, you have 30 business
days from the date of issue of the assessment to lodge your objection. If your
objection is late, you can apply for an extension. Here's how...
While the law clearly states that you must lodge your
objection within 30 business days after the date of assessment, SARS can extend
the 30 business days' deadline.
must still submit an application for an extension before the deadline expires.
- There are reasonable
grounds for the delay and you submitted the application within 21 days of
the deadline; or
- The delay is due to
exceptional circumstances referred to in the Tax Admin Act (Section 218)
or any equally serious circumstance. You must still submit the application
within three years of the deadline.
not quite. You have to qualify for an extension.
qualify for an extension for a late objection, you must prove the following:
The Practical Vat Loose Leaf
Service says you must prove that:
- Reasonable grounds
exist for the delay if you want an extension of less than 21 business
circumstances exist for the delay for an extension of more than 21
SARS won't extend the objection period if:
- It's more than three
years since the date of assessment or 'decision' subject to objection; or
- You based your
objection on a change in a practice applied on the date of assessment or
you've lodged your objection to SARS' assessment, it'll consider the grounds of
your objection. If it agrees, it'll notify you.
SARS disallows your objection, you can lodge an appeal. You can also lodge an
appeal if SARS hasn't notified you of its decision within 90 business days.
This article first appeared on fspbusiness.co.za.