If you’ve ever had to deal with the South African Revenue Service (SARS), you’ll know it’s not always a quick and easy process, especially when there’s a dispute involved. Whether you’re questioning a tax assessment, querying an unexpected penalty, or simply trying to claim back what’s rightfully yours, the wait can feel endless.

As a South African expat trying to manage your tax obligations from abroad, it can be even more frustrating when you’re not sure what the timelines are—or where to even start. You’re probably wondering things like, “How long does a dispute take with SARS?” or “What’s the turnaround time for a SARS notice of objection?”

This guide is here to help. Below, we’ll walk you through what counts as a dispute, how long SARS takes to resolve disputes, how to submit supporting documents, and even how to claim tax back from SARS – all in a way that makes sense, wherever you are in the world.

What does a dispute with SARS mean?

A dispute with SARS happens when you don’t agree with something on your tax return or assessment—like a calculation, a penalty, or a decision not to refund you. You have the legal right to raise your concerns through a formal notice of objection or notice of appeal.

Disputes commonly arise from:

• Tax return assessments (personal income tax, VAT, PAYE, etc.)
• Late payment penalties
• Interest charges
• Audits or verifications

You can lodge a dispute online via SARS eFiling, or manually by submitting the correct forms (more on those below). Just be sure to do it within the prescribed timelines to avoid your objection being invalid.

Read more: SARS related queries 101 – your guide to contacting SARS from overseas.

How long does SARS take to respond to a dispute?

Now to the burning question: how long does SARS take to resolve disputes? Once you submit your notice of objection, SARS has 60 business days to respond.

However, there are a few things to keep in mind:

• If SARS needs additional information or documents, they may pause the clock and request more from you.
• The quality and completeness of the evidence you submit can significantly impact the speed of their response.
• SARS may extend the period if your dispute is complex or if their office is experiencing a backlog.

If your objection is disallowed, you can escalate the matter by submitting a Notice of Appeal using the ADR1 form. SARS will then have 45 business days to respond. If the dispute is not resolved, an ADR2 form may be used to take the matter further through the Alternative Dispute Resolution process.

So, while SARS gives official timeframes, a tax dispute can take anywhere from two months to over a year, depending on its complexity and your responsiveness.

Read more: Looking into compromise of tax debt – the only way to cut SARS tax debt, without cutting corners.

How to claim tax back from SARS

If you’ve paid too much tax—or you’re eligible for deductions you didn’t know about—you may be entitled to a refund. As a South African expat, the most efficient way to claim tax back from SARS is through the online eFiling system.

Here’s how to do it:

1. Register for SARS eFiling: If you haven’t already, sign up on the SARS eFiling website. You’ll need your South African ID or passport, tax reference number, and email address.
2. Log in and complete your return: Once logged in, navigate to the “Returns” section. Select the relevant tax year and complete your income tax return (ITR12) accurately. Make sure to declare all income, including South African and foreign-sourced income where applicable.
3. Upload supporting documents: SARS may require supporting documents to verify your deductions and claims. This can include IRP5s, medical aid certificates, investment statements, or proof of retirement annuity contributions.
4. Submit your return: After completing your return and attaching all relevant documents, hit “Submit.” SARS will issue an assessment (ITA34), usually within a few days.
5. Receive your refund: If you’re owed a refund and your bank details are verified, SARS will process the payment typically within 7 to 21 business days, depending on whether additional verification is needed.

Be sure to check the assessment carefully. If SARS doesn’t grant your refund and you believe it’s an error, you have the right to dispute the decision using a notice of objection—which we cover below. If SARS issues an unexpected penalty or underpayment, and you believe it’s incorrect, that’s when you move into dispute territory.

What forms are used in a SARS dispute?

There’s a specific flow when it comes to disputing a SARS assessment, and it involves several important documents:

• RFR1 Form: Used to request reasons for an assessment before you lodge an objection. This helps you understand the basis of SARS’ decision.
• DISP01 Form: The official Notice of Objection form that you use to formally dispute an assessment.
• ADR1 Form: Filed when you want to appeal a disallowed objection. This form sets out the grounds of your appeal.
• ADR2 Form: Used if your matter proceeds into alternative dispute resolution (ADR). It’s a more formalised way to negotiate a resolution without going to court.

All these forms can be submitted via eFiling, which is especially helpful for expats who can’t easily visit a SARS branch.

How long does SARS take to review supporting documents?

Once you submit your tax return (or a dispute), SARS may ask for supporting documents to validate your claims. These may include:

• Proof of income and expenses
• Capital gains schedules
• Medical and travel claims
• Investment income statements

The question now becomes: how long does SARS take to review supporting documents? Typically, SARS will evaluate your documents within 21 business days. However, if the documents are incomplete, unclear, or require further investigation, this timeframe may be extended. Always ensure your documents are accurate, well-organised, and complete to avoid unnecessary delays.

How long does a SARS investigation take?

In some cases, your return or objection might trigger a deeper investigation or audit. If SARS suspects discrepancies, they may open a case to verify your tax position. This can include:

• Reviewing your income and expense history
• Checking international financial assets
• Cross-referencing your filings with third-party data

So, how long does a SARS investigation take? It can range from 30 business days to 12 months, depending on the complexity of the case and how quickly you respond to information requests. A cooperative, transparent approach can help speed things up.

Read more: Top tips for staying under the radar with SARS.

What if SARS doesn’t respond on time?

If SARS fails to respond to your objection or appeal within the prescribed timeframes, their silence may be treated as a deemed disallowance. This allows you to escalate the matter further—even to the Tax Board or Tax Court in some instances.

You can also write a dispute letter to SARS, especially if your eFiling status remains unchanged. This formal communication outlines your position and can be accompanied by supporting documents.

How to write a dispute letter to SARS

If you’re filing a manual objection or want to supplement your eFiling submission, you might need to write a letter explaining your dispute.

Here’s how to write a dispute letter to SARS:

1. Use clear, professional language
2. Include your tax reference number, contact details, and relevant dates
3. Explain why you disagree with SARS’s decision
4. Reference the specific assessment you’re disputing
5. Attach relevant supporting documentation

Your letter can be submitted with your RFR1 or DISP01 forms, depending on the stage of the dispute.

So, how long does SARS take to respond to disputes? It depends.

• Objection: Up to 60 business days
• Appeal: Up to 45 business days
• Document review: Around 21 business days
• Investigation: Between 30 days and 12 months

If you’re a South African expat and feel you’ve been unfairly assessed, don’t panic. SARS provides clear processes to claim tax back, raise disputes, and request appeals. Just be sure to use the right forms, keep your documents in order, and use SARS eFiling whenever possible. And remember timeframes can vary, but your best chance at a quick resolution is accurate paperwork and patience.

FinGlobal: your cross-border tax specialist partner

Need help finding your way when handling SARS disputes from abroad? FinGlobal offers expert tax services for South African expats (including tax clearance, tax refunds and expat tax compliance) so you don’t have to go it alone.

Get in touch with FinGlobal today to simplify your tax journey. We’re ready to answer all your questions. Your personal consultation is 100% free and without obligation.