Hi there, I have a client with this scen...

Asked by Debra on 23-08-2019 05:49:58
Question posted in the General Law category relating to Gauteng

Hi there, I have a client with this scenario and I need to know if it’s worth taking up legally or not:

taxpayer A closed her bank account with standard bank

Standard Bank reallocated the account to my client in 2016

Taxpayer A completed tax submissions and ticked a block on the tax form that stated that the bank details were correct- this constitutes a declaration in my view

Consequently the refund was paid to my client R51k. The same day the bank reversed R28k. 

SARS is now claiming R51k from my client. 

I understand that there was unjustified enrichment but I just feel that Taxpayer A was negligent and should be also responsible fir that negligence in some way. 

Also I feel that there a was compliance risk and SARS should have flagged the refund since the Taxpayer A clearly had not received any refund since 2016. 

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