SARS Debt Compromise

SARS Debt Compromise: Legally Reduce Your Tax Debt

When your tax debt has become so large that paying it in full is impossible, a SARS Debt Compromise is the most powerful solution available. This formal, legal process, also known as an “Offer in Compromise,” allows you to negotiate a settlement with SARS for a significantly lower amount. Achieving a successful compromise provides a permanent resolution and a true financial fresh start.

Understanding the Offer in Compromise

A SARS Debt Compromise is not an informal negotiation; it is a binding agreement governed by Section 200 of the Tax Administration Act. Under this provision, SARS can agree to “compromise” a portion of a tax debt if a taxpayer meets specific and stringent criteria.

The fundamental principle is that it is more beneficial for SARS to collect a reduced amount than to receive nothing at all through costly and lengthy recovery actions like sequestration (for an individual) or liquidation (for a company). Once the compromised amount is paid, SARS writes off the remaining liability, and the debt is considered permanently settled.

Who Qualifies for a Tax Compromise?

SARS does not grant compromises easily. An application will only be considered if it meets strict conditions. Generally, you must be able to prove the following:
✅ Inability to Pay: You must demonstrate, with extensive financial evidence, that you lack the assets and income to pay the full amount, both now and in the foreseeable future.
✅ A “Better” Offer: The amount you offer must be greater than what SARS could reasonably expect to recover through forced collection actions.
✅ Full Compliance: You must have all your tax returns submitted and be up-to-date with your current tax obligations before an offer can be considered.
✅ No Prejudice to Tax Collection: The compromise must not endanger the integrity of the tax system.

Why Professional Representation is Critical

The Offer in Compromise application (OIC) is a complex legal and financial submission. A minor error or omission can lead to immediate rejection. Our multidisciplinary approach is designed to build the strongest possible case for acceptance.

  • Financial Substantiation: Our Chartered Accountants meticulously prepare the required financial statements and projections to build a credible and compelling case for your inability to pay.
  • Legal Framing: Our tax lawyers structure the entire application within the strict legal framework of the Tax Administration Act, ensuring every legal point is addressed and defensible.
  • Strategic Negotiation: We have extensive experience dealing directly with the specialised SARS compromise committee. We handle all queries and negotiations, protecting you from the pressure of the process.
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Find Out if a SARS Debt Compromise is Right for You

Don’t let an impossible tax debt control your future. The first step is to determine if you are a viable candidate for this powerful solution. Contact us for a free, confidential assessment with a specialist who can analyse your situation.

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