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

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 Does Tax On Bonuses Work in South Africa?

How Does Tax On Bonuses Work in South Africa?

How Does Tax On Bonuses Work in South Africa? We are here with this helpful guide to taxation and bonuses in South Africa.

What You Should Know About Taxation on Inherited Property

What You Should Know About Taxation on Inherited Property

Today we are covering the basics of inheritance taxation in South Africa, especially regarding property you may receive from the deceased.

Stamp Duty And Registration Charges In South Africa

Stamp Duty And Registration Charges In South Africa

The article explores the topic of registration fees and stamp duty. Learn about them, their determination, and the total amount required to transfer property ownership

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.

What Expenses Are Tax Deductible In South Africa?

What Expenses Are Tax Deductible In South Africa?

What expenses are tax deductible in South Afric. Read on to learn the expenses that are tax deductible in South Africa.   

What Is Income Tax Return Online Rectification

What Is Income Tax Return Online Rectification

In this article, you'll explore income tax return online rectification in South Africa: duration, status check, requirements, and the process when requesting correction from SARS.

How to Submit Provisional Tax to SARS

How to Submit Provisional Tax to SARS

This article will guide you through submitting your provisional tax return to SARS. 

What Does a Negative Amount on a Tax Return Mean?

What Does a Negative Amount on a Tax Return Mean?

What Does a Negative Amount on a Tax Return Mean? This post explains everything you want to know about negative and positive tax returns. 

What Is Capital Gains Tax In South Africa?

What Is Capital Gains Tax In South Africa?

And to sweeten the deal, CGT offers certain exemptions and concessions for specific taxpayers and circumstances.

Difference Between Tax Rebate and Tax Threshold?

Difference Between Tax Rebate and Tax Threshold?

Difference Between Tax Rebate and Tax Threshold? This article explains different concepts you should know about filing tax returns. 

Who Is Exempt From Paying Tax in South Africa?

Who Is Exempt From Paying Tax in South Africa?

Who Is Exempt From Paying Tax in South Africa? This article explains everything you want to know about tax exemptions. 

Who Qualifies for Tax Returns in South Africa?

Who Qualifies for Tax Returns in South Africa?

Not everyone qualifies for tax returns. This article explains everything you want to know about tax returns. 

How to Avoid Paying Dividend Tax in South Africa

How to Avoid Paying Dividend Tax in South Africa

In this guide, we'll delve into the art of sidestepping dividend taxes, probe into whether dividends enjoy a tax-free ride in South Africa

How Are Married Couples Taxed In South Africa?

How Are Married Couples Taxed In South Africa?

This article will explain how married couples are taxed in South Africa, how much money they can gift to a family member tax-free