South Africa: Tax dispute resolution

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

South Africa: Tax dispute resolution

dachs.jpg

Peter Dachs

In developed markets, major tax litigation is principally run by law firms. Fortunately, over the last decade, various South African law firms have built the necessary capacity to run tax dispute resolution matters from the first South African Revenue Service (SARS) query to the Supreme Court of Appeal in Bloemfontein. It is important to realise that the dispute resolution process starts with the first SARS query. The response must be drafted in a manner which considers the possibility of the end game being witnesses giving evidence under cross-examination in court.

Therefore, any incorrect factual allegation in the response to the query, however innocently made, may come back to bite the taxpayer later in the dispute resolution process. In addition it is important that any factual statement can be proved by the taxpayer. This requires an understanding of who the relevant witnesses may be, where they are and what they are going to be able to say to support the various factual allegations in the response to SARS.

In respect of the court process, no-one wants to go to court. It is costly, time consuming and absorbs senior management resources. There are plenty of opportunities to settle a tax dispute matter before court. These include the alternative dispute resolution process as well as other settlement meetings with SARS.

An understanding of the tax technical aspects of the dispute by the taxpayer is simply not sufficient at these meetings. They also require people skilled in dispute resolution and with a proper understanding of the prospects of success at trial. For example, it is not possible to understand whether a proposed settlement is a good or bad settlement for the taxpayer unless it has an understanding of its prospects of success at trial. This, in turn, requires an understanding not only of how strong the tax technical position of the taxpayer is in relation to the tax dispute, but also the ability of the taxpayer to prove its case through its witnesses.

South African taxpayers are now following the rest of the developed world in understanding the complexity of the tax dispute process and using law firms to provide the relevant expertise in these matters.

Peter Dachs (pdachs@ens.co.za)

ENSafrica – Taxand

Tel: +27 21 410 2500

Website: www.ens.co.za

more across site & shared bottom lb ros

More from across our site

Tax teams are responding to usual client demand in the region, albeit with increased working from home flexibility, local sources indicate
A 120-plus-day delay to refunds would cost taxpayers almost $3bn in additional interest, the Cato Institute warned; plus indirect tax updates from February
The Office for Budget Responsibility’s pessimistic pillar two forecast accompanied the UK chancellor’s muted Spring Statement, dubbed ‘as dull as possible’ by one adviser
Digital tax reform is dissolving the old ‘temporal buffer’, forcing systems, institutions, and professionals to adapt as real-time reporting reshapes governance, capability, and compliance
Our first instalment features analysis of Deloitte’s landmark EMEA merger, Donald Trump’s Supreme Court tariff showdown and Venezuela’s tax evolution
While some believe it could have a positive effect on the wider advisory landscape, others argue that HMRC’s ‘red tape’ exercise won’t deter bad actors
The political optics of the US’s carve-out deal are poor, but as the Fair Tax Foundation’s Paul Monaghan writes, it preserves pillar two’s guiding ethos
The big four firm reportedly sent ‘threatening’ correspondence to Unity Advisory over its hiring of ex-PwC partners; plus tax recruitment news from the week
Tom Goldstein, who was represented by US law firm Munger, Tolles & Olson, denied wilfully cheating on his taxes and blamed errors on his staff
Multinationals face rising TP scrutiny as global rules diverge. As Daniel Moalusi argues, strong, consistent documentation is now essential to minimise audit risk and protect tax positions
Gift this article