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Law firm encourages miners to apply for diesel rebates, despite red tape

19th September 2024

By: Marleny Arnoldi

Deputy Editor Online

     

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Law firm Webber Wentzel tax attorney Carryn Alexander says the South African Revenue Service (Sars) has no legal basis to withhold diesel rebates to mining companies while audits are under way.

She points out that clients in the mining sector sometimes struggle with cash flow problems as they await rebates on diesel, sometimes for multiple financial years.

Alexander cites Section 75 of the Customs and Excise Act which mandates provisional payments before verification. She says Sars’ reliance on the Tax Administration Act is inappropriate as it does not apply to Customs and Excise legislation.

She encourages mining companies to demand payment and continue claiming rebates – since some have opted not to claim owing to the arduous processes involved.

Alexander affirms that Webber Wentzel has achieved successful outcomes for clients having asserted their legal rights in this regard.

Edited by Chanel de Bruyn
Creamer Media Senior Deputy Editor Online

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