
Can a tax deduction be claimed a decade late?
A fuel exporter lost a R38.8-million deduction claim, but the Tax Court ruling may open a fresh battle over whether the correct tax years can still be re-opened.

A fuel exporter lost a R38.8-million deduction claim, but the Tax Court ruling may open a fresh battle over whether the correct tax years can still be re-opened.

SARS cannot fundamentally alter the factual basis or remedy of an assessment issued under the general anti-avoidance rule provisions through a Rule 31 statement.

The judgment clarifies that when a taxpayer offers over-collateralised security and SARS cannot explain real risk, suspension should follow.