Time Bars Taxpayers From Correcting Readily Apparent Undisputed Errors

There are provisions within the Tax Administration Act, 2011 (the "TAA") that allow taxpayers to request assessment corrections without having to rely on the often protracted dispute resolution procedures provided for in the TAA, read together with the Tax Court Rules. In particular, section 93 of the TAA deals with "Reduced Assessments" and provides (with our emphasis) as follows:

"(1) SARS may make a reduced assessment if—

(a) the taxpayer successfully disputed the assessment under Chapter 9;

(b) necessary to give effect to a settlement under Part F of Chapter 9;

(c) necessary to give effect to a judgment pursuant to an appeal under Part E of Chapter 9 and there is no right of further appeal;