Tax lawyers work in conventional law firms and other practices. A tax lawyer’s role is to advise both individuals and businesses regarding complex tax legislation and apply it to their circumstances. Tax lawyers render advisory and dispute management services to a range of clients.
Tax lawyers will advise clients regarding the tax implications of transactions concluded and, where necessary, apply for a ruling from the South African Revenue Service (“SARS”) where clarification is required on the interpretation of the tax laws. Insofar as dispute management is concerned, tax lawyers assist clients when they are subject to an audit by SARS and will draft the necessary objection and appeal should a dispute arise. Tax lawyers advise clients regarding the settlement of disputes, including the appropriateness or otherwise of alternative dispute resolution and litigation.
Experienced tax lawyers will comment on draft fiscal legislation and make representations to the authorities regarding changes to tax law. In addition, where the law does not cater for a client’s specific circumstances, tax lawyers will often recommend amendments to the National Treasury regarding the tax laws to cater for the problems encountered by a client.
In developed markets such as South Africa, major tax litigation is principally run by law firms. This is because it is necessary to combine the skills of tax professionals and tax litigators in order to manage the tax dispute process. Dispute resolution is what law firms do and the law grants legal privilege to lawyers, which is fundamental to any dispute resolution process. It is important to realise that a tax dispute resolution process starts with the first query from SARS and the first response needs to be drafted in a manner that considers the possibility of the end game being witnesses giving evidence under cross-examination in court. ","DefinitionIsActive":true,"DefinitionCanDisplay":true,"DefinitionAuthorHtml":"Dr Beric Croome, Executive ","DefinitionAuthorFirmId":43972,"DefinitionAuthorFirmName":"ENSafrica","DefinitionAuthorFirmHasProfile":false,"DefinitionAuthorFirmHasBlfProfile":false,"DefinitionAuthorFirmProfileImageUrl":"https://cdn.blrankings.com/best-lawyers/firm-profile-images/ensafrica-za-43972?t=2021021117570724","DefinitionAuthorFirmBlfProfileUrl":null,"DefinitionAuthorFirmProfileUrl":null,"OverviewHtml":"","OverviewCanDisplay":false,"OverviewAuthorHtml":"","OverviewViewUrl":"https://www.bestlawyers.com/south-africa/tax-law","OverviewIsActive":false,"OverviewAuthorFirmId":null,"OverviewAuthorFirmName":null,"OverviewAuthorFirmHasProfile":false,"OverviewAuthorFirmHasBlfProfile":false,"OverviewAuthorFirmProfileImageUrl":null,"OverviewAuthorFirmProfileUrl":null,"DefinitionViewUrl":"https://www.bestlawyers.com/methodology/practice-areas/south-africa/tax-law","OverviewAuthorFirmBlfProfileUrl":null,"LexicographicSortName":"15904","SearchItemType":1048576,"SearchItemTypeName":"PracticeAreaDefinition","SearchSortOrder":16,"SortTitle":"15904","HideFromSearch":false}};