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

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. 

How to Claim A Refund For Excess TAX Paid

How to Claim A Refund For Excess TAX Paid

This piece will update you on how to receive a SARS repayment, who can obtain a refund, what to do to acquire a refund

What Happens After Submitting Your Tax Return?

What Happens After Submitting Your Tax Return?

Today, we'll explore what happens to your tax return after you click ‘submit’,  and what you can expect to hear from SARS.

Exploring the Tax Implications of Gifts in South Africa

Exploring the Tax Implications of Gifts in South Africa

Today, we will unpack everything you need to know about this tax type to ensure you stay on the right side of the tax

How Many Times Can I Revise Tax Return?

How Many Times Can I Revise Tax Return?

so today we’ve compiled this guide to help, exploring everything you need to know about tax return revisions and SARS.

How Is Bonus Tax Calculated In South Africa

How Is Bonus Tax Calculated In South Africa

How Is Bonus Tax Calculated In South Africa. Our aim is to illuminate the complexities of this system and provide clarity regarding the role of SARS.

How to Avoid Donations Tax In South Africa

How to Avoid Donations Tax In South Africa

By the end of this guide, you'll be equipped with valuable knowledge to navigate the South African donations tax landscape effectively.

How Much Is PAYE Tax Deduction In South Africa?

How Much Is PAYE Tax Deduction In South Africa?

Why Your Tax Refund Might Be Delayed

Why Your Tax Refund Might Be Delayed

Today, we will be looking at this issue in more depth and how to give your income tax refund the best possible chance of being processed quickly.

Taxation Rules For Gratuity

Taxation Rules For Gratuity

This writing will explain gratuity, cover the laws involving gratuities, whether or not they are taxable, how a lump sum gratuity is tariffed, and how a leave gratuity is evaluated

How are Debt Funds Taxed?

How are Debt Funds Taxed?

Explore how debt funds are taxed, calculate tax on them, understand tax advantages, grasp dividend taxation on debt funds,

How to Change From Paye to Provisional Taxpayer

How to Change From Paye to Provisional Taxpayer

More highlights will be on registering as a provisional taxpayer and calculating your first tax as a provisional taxpayer. 

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

What is the Difference Between TAX and VAT?

What is the Difference Between TAX and VAT?

There are two main characters in the tax story that individuals and businesses meet quite often - income tax and VAT.

How Is Income Tax Collected In South Africa?

How Is Income Tax Collected In South Africa?

How Is Income Tax Collected In South Africa? Income tax offers the bulk of earnings for the South African government.