Page 22 - Test 1 Slides - 1. Introduction & Application Of Legislation
P. 22

INTRODUCTION & APPLICATION OF LEGISLATION




            Onus of proof









            • In terms of section 102 of the Tax Administration Act, the

                burden of proof that an amount


                    • is exempt from or not liable to any tax,

                    • or is subject to any deduction, abatement or set-off,

                    • or that a valuation is correct,


                    • or that a particular tax rate applies to a transaction, event, item or
                       class of taxpayer,


                    • or whether a decision that is subject to objection and appeal, is
                       incorrect,


            • rests on the taxpayer claiming such exemption, non-liability,


                et cetera.






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