On a daily basis, SARS is issuing garnishee orders against taxpayers bank accounts, to their employers even their customers without issuing a summons, judgement or notification, regardless of whether their assessment is correct or not.
The problem is that as their accountant or tax practitioner, you can’t object or appeal to the tax board or tax court– the taxpayer is basically a prisoner to these deductions.
The recourse would logically be to lodge an application to the High Court – a process which can take years and tax lawyers costs money. Money which SARS has already relieved the taxpayer of, as soon as their bank statement is in the black.
Is it legal? Is it administratively just?
Watch Schalk Pieterse, Tax Attorney Director at Strömbeck Pieterse Attorneys, giving you the low-down on garnishee orders and a suggested remedy to address this.