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

As recent surveys suggest a disconnect between AI adoption and employee engagement, the big four risk digging themselves into a strategic hole
Almost three-quarters of surveyed tax professionals are concerned about inaccurate AI outputs; in other news, Dentons hired a partner from CMS to lead its Belgian tax team
Long-running, high-value and complex enquiries are a significant reason for HM Revenue and Customs’s increased TP yield, experts suggest
Landmark legal updates in India have led companies to prioritise specialised tax advisers over accountants, ITR has found
Brazil’s shift to a nationwide consumption tax is more than conceptual; it fundamentally transforms municipal revenue, enforcement, and administrative disputes
While some advisers praised the ruling’s definition of a ‘voucher’ for VAT purposes, a UK partner said the case left unanswered questions
While pillar two has been enacted on paper in Brazil, companies are encountering a range of practical compliance issues, ITR has heard
Moore, founding partner of the Chicago tax boutique which bears her name, shares her career wisdom for ITR’s new Women in Tax interview series
But partners at the firm admit that jumping ship to the US would not be as easy as some believe
Governments are rewriting tax policy for the AI era, deploying digital taxes, tailored incentives and algorithmic enforcement that redefine where value is created
Gift this article