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

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

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.

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 Is the Securities Transfer Tax (STT) in South Africa?

What Is the Securities Transfer Tax (STT) in South Africa?

Today we will be exploring one of these- the Securities Transfer Tax, or STT. If you regularly interact with financial markets or investments, this is one you should properly understand.

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 Work From Home Tax Credit In South Africa

How to Claim Work From Home Tax Credit In South Africa

This handbook will guide you through claiming the work-from-home tax-related credit in South Africa.

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 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.

Why Do We Pay Tax in South Africa?

Why Do We Pay Tax in South Africa?

Why Do We Pay Tax in South Africa? Are you wondering why taxes are mandatory payments levied on individuals and more

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.

How to Submit An Income Tax Return (ITR12)

How to Submit An Income Tax Return (ITR12)

Income Tax Return (ITR12. Ensuring your income tax return is accurate is critical- and today we have the tips you need to help you.

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

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

Must-Know Income Tax Penalties In South Africa

Must-Know Income Tax Penalties In South Africa

Today we’re looking at some of the most common income tax penalties in South Africa, as well as how you can avoid triggering them and save yourself some cash.

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.