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

Reasons Why Tax Returns Get Rejected After Filing

Reasons Why Tax Returns Get Rejected After Filing

Today we will be looking at this situation in more detail, including why it happens and what you can do about it.

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.

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 Reconciliation to Taxable Income?

What Is Reconciliation to Taxable Income?

In this blog post, our focus will be on taxable income. We will give you insight on reconciliation to taxable income

What Is SARS Tax Credit?

What Is SARS Tax Credit?

These include the property rates tax credit, the investment tax credit, the tax credit for medical scheme fees, and the credit for economic development.

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.

Tax on Winnings of Game Shows And Lottery

Tax on Winnings of Game Shows And Lottery

We’ll delve into how much tax is slapped on lottery winnings, whether online gambling platforms like Betway are taxable

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

Reasons You Still Need to File Your Tax Return 

Reasons You Still Need to File Your Tax Return 

Reasons You Still Need to File Your Tax Return. Here are some good reasons why you should file your tax return

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

Are SARS Penalties Tax Deductible?

Are SARS Penalties Tax Deductible?

This article delves into whether SARS penalties hold tax-deductible status, elucidates their functioning, and expounds on their consequences for taxpayers

IT14SD – Company Income Tax Supplementary Declaration

IT14SD – Company Income Tax Supplementary Declaration

IT14SD – Company Income Tax Supplementary Declaration. Read on to learn about IT14SD Company Income Tax Supplementary Declaration.    

How to Activate Tax Types on eFiling

How to Activate Tax Types on eFiling

This comprehensive guide navigates through the intricacies of tax types, explaining how to activate them on the eFiling platform

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 Deal With Income Tax Notices?

How to Deal With Income Tax Notices?

It is important to stay on top of them and respond timeously to requests to make sure they don’t have knock-on effects on the tax you owe.