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TAX3704 Assignment 2 Semester 2 due 17 September 2024

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TAX3704 Assignment 2 Semester 2 2024 - DUE 17 September 2024 ;100 % TRUSTED workings, Expert Solved, Explanations and Solutions. For assistance call or W.h.a.t.s.a.p.p us on ...(.+.2.5.4.7.7.9.5.4.0.1.3.2)........... Question 1: (35 marks) Background information Your best friend Ntato Hill called you and asked for assistance regarding an audit SARS is conducting on her husband, Jack’s business. The following information may or may not be relevant. • Jack Hill is 70 years old and runs a business (as sole proprietor) that manufactures spare parts for industrial machinery. He was in a serious motor vehicle accident in April 2022 and was discharged from the hospital only in March 2023. After his accident, Jack’s wife appointed an accountant to take over Jack’s financial responsibilities and an engineer to assist in the factory. • The newly appointed accountant prepared the financial statements for the 2022 financial year and submitted a return on behalf of Jack before the deadline of 21 January 2023. • The return submitted by the accountant states that the business made a loss of R200 000. In the past 25 years, the business always made taxable profits. The SARS risk engine flagged Jack as a risk case, and the audit commenced after Jack had been given the required notice. Observation You decide to make notes relating to the risks associated with the audit Risks There is a possibility that the newly appointed accountant did not disclose all the income earned by the business. SARS may issue an estimated assessment. Jack may be unable to pay his outstanding tax debt. REQUIRED MARKS (a) Explain to Jack what statutory powers are granted to a senior SARS official under a request for relevant material. Refer to applicable tax legislation. 10 (b) Describe to Jack what the burden of proof means in terms of section 102 of the TAA and who carries the burden, SARS or the taxpayer. 9 (c) Explain whether SARS may issue an estimated assessment for Jack’s taxable income and tax due. Refer to applicable tax legislation. 6 (d) (i) List the criteria for an instalment payment agreement between SARS and the taxpayer (6 marks). (ii) Explain if SARS can terminate the agreement (4 marks).

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TAX3704
ASSIGNMENT 2 SEMESTER 2 2024
UNIQUE NO.
DUE DATE: 17 SEPTEMBER 2024

, TAX3704

Assignment 2 Semester 2 2024

Unique Number:

Due Date: 17 September 2024

Tax Administration

Question 1

(a) Statutory powers granted to a senior SARS official under a request for
relevant material

Under the Tax Administration Act, No. 28 of 2011 (TAA), senior SARS officials have
the authority to request relevant material from taxpayers to ensure compliance and
verify the accuracy of tax returns. According to Section 40 of the TAA, SARS may issue
a request for relevant material, which includes documents and information necessary for
the assessment of a taxpayer’s tax liability. This request can extend to third parties who
may have relevant information about the taxpayer’s financial affairs. Failure to comply
with such a request can lead to penalties or further legal action.

Reference: South Africa. (2011). Tax Administration Act, No. 28 of 2011. Government
Printer. Retrieved from https://www.gov.za/documents/tax-administration-act




(b) Burden of proof according to section 102 of the TAA

Section 102 of the TAA stipulates that the burden of proof in tax disputes generally falls
on the taxpayer. This means that if SARS questions the accuracy of a tax return, it is up
to the taxpayer to provide sufficient evidence to support their claims. SARS must only
bear the burden of proof in cases where there are allegations of fraud or gross
negligence on the part of the taxpayer.

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