Avoiding understatement penalties remains tricky despite recent case law

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Avoiding understatement penalties remains tricky despite recent case law
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Sars asks ConCourt for guidance on interpretation.

In terms of the Tax Administration Act, the South African Revenue Service must impose a penalty when there is an understatement that prejudices the fiscus – unless the understatement was the result of a “bona fide inadvertent error”.

Although the SCA found in favour of Sars in the Thistle Trust and Coronation Investment Management SA cases, it set aside the understatement penalties imposed on the taxpayers. Cimsa successfully appealed the SCA judgment to the Constitutional Court.Coronation aims for the highest court about its tax bill Coronation wins protracted tax battle against Sars The Thistle Trust has also approached the Constitutional Court to appeal the SCA judgment.

“An opinion of senior counsel quite obviously constitutes reasonable grounds for taking a particular position,” it says. Thistle argues that if the opinion was wrong and Thistle erred, the error was a bona fide inadvertent error, and no understatement penalty should have been imposed by Sars.

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