TAX2601 Assignment 2 Semester 2023 ACCURATE ANSWERS
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Question 3
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How should a provision in the the Income Tax Act be interpreted, if the meaning is not clear?
a.
The contra fiscum rule is applied first and ...
Question text
How should a provision in the the Income Tax Act be interpreted, if the meaning is not clear?
a.
The contra fiscum rule is applied first and thereafter the literal meaning.
b.
The Act should not be interpreted; it is a set of rules not open for discussion.
c.
The intention of the legislator is the only applied principle (purposive interpretation).
d.
First consider the literal meaning of the words. Note must also be taken of the of the intention of the legislature. If there is more
than one meaning, the contra fiscum rule is applied.
Question 4
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Which of the following statements is correct?
a.
A taxpayer is not obliged to keep supporting records for five years from the date of submission of a tax return.
b.
A taxpayer is obliged to keep supporting records for 6 years from the date of submission of a tax return.
c.
A registered taxpayer can submit his or her tax return via SARS efiling.
d.
SARS must make an estimated assessment if the taxpayer fails to submit a return.
Question 5
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Which of the following is incorrect:
a.
There is no burden of proof on the taxpayer.
b.
When determining if the onus has been discharged, the courts assess the balance of probability.
c.
The onus is on the taxpayer to show that an amount is not taxable.
,d.
A taxpayer may request SARS to provide reasons for the assessment.
Question 6
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Which one of the following statements is correct with respect to refunds due to taxpayers?
a.
SARS may set off refunds on a taxpayer’s income tax against other outstanding taxes owing.
b.
The refund has to be claimed within three years of a self assessment.
c.
The refund has to be claimed within five years of a SARS assessment.
d.
SARS may only make a refund to a taxpayer after such a refund has been audited.
Question 7
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With regards to the objection procedure a taxpayer must follow, when can a notice of appeal be made by a taxpayer?
a.
After the matter has gone to the Tax Court
b.
After an objection has been disallowed by SARS
c.
After the due date per the assessment
d.
After reasons of a particular assessment have been provided by SARS to the taxpayer
Question 8
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Which of the following statements is incorrect?
a.
SARS can report a tax practitioner to his or her controlling body for negligent misconduct resulting in avoidance of tax
obligations.
b.
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