How To File a Complaint with the Income Tax Department

By Dave Nyam •  Updated: 01/23/24 •  5 min read

In South Africa, SARS collects and manages taxes and duties and ensures people follow the tax laws and rules. SARS wants to give good service to taxpayers and traders and fix any problems or fights that may happen fairly and quickly.

But sometimes taxpayers are unhappy with how SARS treats them or their tax matters. In these cases, taxpayers can complain to SARS and ask for help or justice from the right authorities.

- ADVERTISEMENT -

How do you file a complaint with the Income Tax Department?

You can complain to the income tax department in South Africa if SARS treats you or your tax matter badly. A complaint is when you are unhappy with SARS because they did not fix a process or a service well.

The first step to complain is to try to fix the issue with SARS by following the normal ways. For instance, you can call, email them, visit their offices, or use the Internet services on the SARS page.

You must present as much info and proof as possible to support your query or issue. You must also keep evidence of your conversation with SARS.

The second step to complain is to take the matter to the SARS Complaints Management Office (CMO) if you are unhappy with the answer or fix from SARS. The CMO is a special unit in SARS that deals with and watches complaints and ensures they are fixed as needed and fast.

You can take your complaint to the CMO via eFiling, calling, or visiting a SARS branch or office.

You should complain to the CMO within three years from the issue date or within the set period if you received a notice from SARS. You should also give the CMO your case number, which SARS gives to your question or problem.

The third step to complain is to go to the Tax Ombud if you are still unhappy with the result or how it was handled by the CMO. The Tax Ombud is an independent and fair institution that looks at and fixes complaints that SARS has not fixed.

Where Can a Taxpayer Lodge a Complaint Against SARS?

A taxpayer can lodge a complaint against SARS at the following places:

What Does the Tax Ombudsman Do?

When taxpayers or traders have concerns regarding service, procedure, or administration that SARS has not addressed, they can go to the tax ombudsman, an unbiased and independent body. The Minister of Finance appoints the tax ombudsman, who then reports to the Minister and Parliament.

- ADVERTISEMENT -

The powers of the tax ombudsman include:

What Factors Must the Tax Ombuds Consider in Reviewing a Complaint?

When they look over a report, the tax ombuds must think about the following things:

1. The standards and criteria for review, which are:

2. The merits and demerits of the complaint, which entail:

3. What does the complaint mean, and how does it affect things, such as:

How Do I Lodge a Complaint on eFiling?

To file a complaint through eFiling, please adhere to the following instructions:

How Do I Contact the SARS Complaints Management Office?

You can contact the SARS Complaints Management Office (CMO) by using one of the following ways:

- ADVERTISEMENT -

Keep Reading

Taxes on Capital Gains

Taxes on Capital Gains

While most only encounter CGT a few times in our lives, it can be a hefty tax burden, and it is critical to understand what it does

Is TAX Paid Monthly Or Yearly In South Africa?

Is TAX Paid Monthly Or Yearly In South Africa?

So, let’s raise a toast to understanding taxes - here’s to a prosperous journey in South Africa!

What Are the Liabilities on a Tax Return?

What Are the Liabilities on a Tax Return?

Today we look at exactly what that ‘liabilities’ section means for you, what belongs there, and how to correctly assess and create your balance sheet for income tax purposes.

How To Complete The Tax E-Filing Registration Process

How To Complete The Tax E-Filing Registration Process

Setting out on your tax e-filing journey in South Africa is a breeze. Just follow this roadmap:

How To Become Tax Compliant in South Africa

How To Become Tax Compliant in South Africa

Today, we have a brief guide to tax compliance in South Africa to help you get your tax affairs in order.

How to Become A Tax Practitioner At SARS

How to Become A Tax Practitioner At SARS

We’re here with the details you need about becoming a tax practitioner at SARS today. 

Capital Gains Tax On the Sale of Property

Capital Gains Tax On the Sale of Property

We are here with some key basics to help you better understand Capital Gains Tax and how it affects the sale of properties.

What Is A Settlement Agreement In South Africa

What Is A Settlement Agreement In South Africa

This blog post will be centred around a settlement agreement in South Africa. Other related questions on settlement agreements will be expatiated

Why SARS May Reject Your Tax Return

Why SARS May Reject Your Tax Return

Today we look at the common reasons for rejection of a filed return, and how to resolve these issues for a smooth and compliant tax filing process

How the SARS Income TAX Brackets Work

How the SARS Income TAX Brackets Work

This guide is meant to give you the information you need to understand and navigate the tax brackets set by SARS in South Africa easily

How to Complete a Tax Directive Application eFiling

How to Complete a Tax Directive Application eFiling

Understanding how to navigate the eFiling platform for tax directives is essential for ensuring compliance with tax laws and accurately managing tax obligations.

How to Avoid Inheritance Tax in South Africa

How to Avoid Inheritance Tax in South Africa

This guide explores strategies for reducing or avoiding inheritance tax in South Africa, addresses whether beneficiaries pay tax on inheritances

Difference Between Direct Tax and Indirect Tax

Difference Between Direct Tax and Indirect Tax

What Is the Difference Between Direct Tax and Indirect Tax? Read on to learn the difference between direct tax and indirect tax. 

How to Pre-Validate A Bank Account to Get An Income Tax Refund?

How to Pre-Validate A Bank Account to Get An Income Tax Refund?

The process for pre-validating your bank account to receive a refund of income taxes in South Africa is presented in this article.

SARS Tax Procedure to Follow When An Employee Dies?

SARS Tax Procedure to Follow When An Employee Dies?

SARS Tax Procedure to Follow When An Employee Dies? When an employee's life journey concludes, there are essential steps regarding their tax matters