Dispute Resolution

Question 1

What is the period beyond which an assessment shall not be made?

Answer 1

5 years

Question 2

Definition of tax decision?

Answer 2

assessment
determination under sec 17(2) of amount of tax payable
determination of amount tax rep, director, controlling person is liable to pay
decision on an application by self assessment taxpayer
refund decision
repayment of refund decision
demand for penalty

Question 3

Time period for objection to tax decision?

Answer 3

30 days

Question 4

What does a taxpayer in an objection need to demonstrate?

Answer 4

grounds of objection
amendments to be made
reasons for the amendments
paid tax not in dispute or applied for extension to pay

Question 5

When can the commissioner allow extension of time to lodge objection?

Answer 5

taxpayer prevented from lodging the objection
sickness
out of country
other reasonable cause

Question 6

timeframe for objection decision?

Answer 6

60 days

Question 7

Process for appeal to TAT?

Answer 7

notice of intention to appeal to commissioner
pay 20K
serve the notice to TAT within 30 days
within 14 days of notice, file memorandum of appeal and statement of facts

Question 8

Timeframe for decision by TAT?

Answer 8

90 days

Question 9

timeframe for appeals to the high court and court of appeal?

Answer 9

30 days