The first Tax Ombud report raises important concerns with SARS processes and has already made a difference to ordinary taxpayers in resolving outstanding issues.

In its first six months of operation, from 1 October 2013 to 31 March 2014, the Tax Ombud office assisted 61 taxpayers to resolve their service issues with SARS, offering frustrated taxpayers a genuine avenue to address complaints which they had been unable to resolve through the normal SARS channels. The office aims to resolve issues within 15 days, however if the issue is complex it may take longer but the taxpayer will receive feedback on the case. Of the complaints investigated, 80% went in favour of the taxpayer.

“People feel very strongly about tax; there are frustrations, and emotions run high. We hope to be able to mitigate their problems and I think the office will make a difference. We have received a lot of thank yous where we intervened,” said Tax Ombud Judge Bernard Ngoepe in an interview with City Press.

“We have expedited the refund of VAT which had long been held back and enabled owners of small businesses to regain their cash flow. We intervened where documents had been given to SARS but not picked up or where SARS made wrong payments to bank accounts or took down incorrect change in details. I am sure we will come across more and our role is to facilitate the resolution of those problems.”

Tax Office CEO Advocate Eric Mkhawane added that in some cases the office has recommended an apology from SARS.

Judge Ngoepe says his main recommendation to SARS is that it needs to better educate people about their rights relating to tax collection and to have a client service charter which taxpayers are aware of. “Based on the number of complaints which have come to us incorrectly, it is clear people don’t know how to deal with their problems. They need to embark on a programme to inform people on how to complain.”

Although the office received 670 communications from the public, the bulk (514) were enquires and 64 were complaints outside the mandate of the office. Two of the main reasons the Ombud did not investigate was that either the complaint was older than a year since the appointment of the Tax Ombud in October 2013, or that the individual had not yet attempted to resolve the issue directly with SARS. The office also does not deal with legislative tax issues or disputes around the amount of tax due.

If individuals or companies disagree with their tax assessment they would have to raise this with the special income tax courts.

How to contact the Office of the Tax Ombud

Complaints need to relate to service issues that have already been raised with SARS but where there has been no feedback or resolution.

The office only handles complaints relating to issues subsequent to 1 October 2012

Telephone: 0800 662 837 012 431 9105/6
Fax: 012 452 5013
Postal address : PO Box 12314, Hatfield, 0028
E-mail: office@taxombud.gov.za
Website: www.taxombud.gov.za