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The interrelationship between audit findings and an additional assessment
Mini Dissertation (LLM (Tax Law))--University of Pretoria, 2022.
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| Other Authors: | |
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2023
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| _version_ | 1867613610744741888 |
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| access_status_str | Open Access |
| author2 | Van Zyl, Stephanus |
| author_browse | Van Zyl, Stephanus |
| author_facet | Van Zyl, Stephanus |
| collection | Thesis |
| dc_rights_str_mv | © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Tax Law))--University of Pretoria, 2022. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/89235 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:53.515Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/89235 The interrelationship between audit findings and an additional assessment Van Zyl, Stephanus tselokza@yahoo.com Selokela, Thulaganyo Goitseone Additional assessment Audit findings Procedurally fair Lawful Reasonable UCTD Mini Dissertation (LLM (Tax Law))--University of Pretoria, 2022. SARS’ main objective is the collection of revenue. When an incorrect application of a Tax Act occurs, SARS is obliged to correct the prejudice caused to SARS or the fiscus. Section 92 of the TAA states that SARS’ correction entail the issuance of an additional assessment. SARS’ notice of assessment contains the tax liability that would have been determined by an application of Tax Acts. A tax liability has an adverse effect. Once the assessment is issued the taxpayer must pay the tax liability due. Section 42 of the TAA empowers SARS to conduct an audit to assess whether a taxpayer’s tax position has been completely and accurately declared. During an audit, adjustments may be identified which then necessitate the raising of an additional assessment. This conclusion is contained in an audit findings letter. This study critically analyses this interrelationship between audit findings and an additional assessment. Chief to the enquiry is to determine what the audit procedure envisaged by section 42 entail and to analyse the interface between the rationale of section 42 and the right to just administrative action in terms of section 33(1) of the Constitution. The study argues under what circumstances would SARS’ action during and upon the conclusion of an audit be considered procedurally unfair. Particularly, that it is procedurally unfair for SARS to amend the basis of its audit findings and issue an additional assessment on new bases without the taxpayer knowing nor making further representations. The shortcomings of section 42 are analysed and how these shortcomings may be contributing to the unfettered discretion exercised by SARS during an audit. Various judgment where SARS’ statutory powers have been interrogated within the context of procedural fairness and the courts’ views in this regard differ. It is hoped that the Kalahari case currently pending appeal in the Supreme Court of Appeal will settle the law on how the prescripts under section 42 should be interpreted Mercantile Law LLM (Tax Law) Unrestricted 2023-02-07T12:21:08Z 2023-02-07T12:21:08Z 2023-05 2022 Mini Dissertation * A2023 https://repository.up.ac.za/handle/2263/89235 en © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | Additional assessment Audit findings Procedurally fair Lawful Reasonable UCTD The interrelationship between audit findings and an additional assessment |
| title | The interrelationship between audit findings and an additional assessment |
| title_full | The interrelationship between audit findings and an additional assessment |
| title_fullStr | The interrelationship between audit findings and an additional assessment |
| title_full_unstemmed | The interrelationship between audit findings and an additional assessment |
| title_short | The interrelationship between audit findings and an additional assessment |
| title_sort | interrelationship between audit findings and an additional assessment |
| topic | Additional assessment Audit findings Procedurally fair Lawful Reasonable UCTD |
| url | https://repository.up.ac.za/handle/2263/89235 |