I AM STILL IN SOUTH AFRICA
WHAT IS MY EXIT STRATEGY?
If one plans to relocate from South Africa then tax planning is necessary to ensure that one does not get caught in the pitfalls of moving abroad, whether this is from the perspective of possible double taxation, a too-high tax burden or as a consequence of the exit tax. There are certain tax obligations that need to be met when one exits South Africa.
Depending on each taxpayer’s circumstances, a strategy can be put in place to minimize their tax obligations and ensure full compliance. As a first step, it is best to begin with a tax diagnostic of your tax profile and, from there, consider one’s tax residency status and how your banking will be affected as an expat.
I AM ALREADY ABROAD
LET’S CEASE MY TAX RESIDENCY
Upon emigration, one of the most pertinent issues to be addressed is whether a taxpayer will still be considered a “resident” for tax purposes in South Africa.
Expatriates whose intention is to remain abroad permanently, will qualify for the Financial Emigration (FE) process. This should be considered by South Africans who have departed with a permanent intent to reside abroad.
The FE process is once-off and will enable expatriates to permanently break their status as South African tax residents. This will also enable them to encash their retirement fund interests in South Africa, sans apportionment for an annuity, after three years following their residency cessation date.
If the taxpayer intends on returning to reside in SA again one day, then they may consider a temporary cessation of their tax residency via the DTA (if there is one in place), should the country they are in have a DTA treaty with SA. However, ceasing tax residency does not automatically happen – this must be formalized with SARS in every case.
I AM STILL UNDECIDED
WHAT DOES THE FORMAL PROCESS ENTAIL?
Deciding on whether to break one’s tax residency or not, is a complex matter. It also is a question of whether one actually qualifies to cease their tax residency or not. There are many factors to consider in each individual taxpayer’s situation, such as their intentions for the future, type of employment or other income earned, as well as foreign and local assets. All of these factors, and others, would have an impact on what the individual will qualify for in terms of tax relief. The formal process of changing one’s tax residency status is a legal process that is undertaken with SARS and the authorized dealers (banks) in South Africa. It is, unfortunately, not a simple application – it must be considered in detail and submitted correctly, to ensure full compliance.
FINANCIAL EMIGRATION:THE SARS CONFIRMED PROCESS TO CEASE TAX RESIDENCY
Financial emigration is the process used by many South Africans abroad to formalise their non-resident tax status for both tax and exchange control purposes.
The process has been extremely successful for South Africans to cut tax ties, and as such, SARS has made it more difficult to cease tax residency by amending the process effective 1 March 2021.
We have an in-depth understanding of the complex process and can help you complete your Financial Emigration and guarantee non-tax residency through SARS. This will provide you with protection whilst ensuring your foreign earned income remains tax-exempt in South Africa.
“Therefore, if one financially emigrates (taking into consideration the tax residency tests) that would then indicate that the taxpayer ceased to be a tax resident.”
SARS, Foreign Employment Income Team
HERE’S WHAT OUR CLIENTS HAVE TO SAY…
EXCELLENT Based on 228 reviews Neema Onsongo2024-12-17 Financial immigration is a complex daunting task; I am grateful for the professional expertise and guidance provided. Not sure how I would have navigated all the steps required by myself. Thank you for your help! Helena du Toit2024-12-11 Five Star Experience! I approached Financial Emigration to assist me with the process of obtaining a Letter of Non-Tax Residence from SARS. I had been trying to complete this process on my own for nearly 2 years, and constantly came up against obstructions, non-replies to my emails and other barriers put in place by SARS. Living in the UK, it was also very difficult to do from abroad. The whole team at Financial Emigration was great! They are extremely knowledgeable about the process and knew exactly what documents were needed and how to complete them to get the desired response. They were able to access my eFiling profile (which meant they could see what was happening 'on the ground') and were able to keep the pressure on SARS. They were also extremely polite and professional. The whole process was completed in less than 2 months! Thank you team! Jacques2024-12-03 The company assisted me in going through the financial emigration procedure in 2020, even though in my case there were some complications that fell outside the normal requirements. Then, after SARS moved the goal posts and annulled the benefit of "financial emigration", the company assisted me in obtaining the "Notice of non-resident tax" letter that is now essential for transferring funds. In an efficient democracy, it should be possible to complete these procedures by yourself. But my experience, trying to do so, is that the easiest way for a SARS official to complete your case is to refuse your application and to say that more (unspecified) information is required. You land up in a cycle where it is impossible to progress and because you are abroad, you cannot to go to a SARS office and discuss your case with a real person. Financial Emigration has the ability to overcome these hurdles, so I will also use this company for overcoming further hurdles (like when selling a property and transferring the funds). Stewart Bartlett2024-11-27 Professional, responsive and a quality service. A pleasure to deal with! Pranesh Parasam2024-11-26 This has been a very long process and needed a lot of patience on my part. The team at Tax Consulting SA were superb, with their regular follow-ups, sharing of updates, communication with SARS, etc. A job well done by Shaunita de Wet and her team. Receiving the Non-Tax Resident letter at the end was a bittersweet moment, a culmination of many months of to-ing and fro-ing, requests for further documents, providing them and waiting. But well worth it at the end. Thank you, Tax Consulting SA. Shaun McCann2024-11-19 I had an exceptionally positive experience with this company. The service I received was professional at all times. I was continually updated, and even when there was a delay, I was provided with correct and accurate information. Their commitment to transparency and effective communication was truly impressive. I highly recommend this company to all prospective clients considering financial immigration. They truly stand out for their helpfulness and professionalism. Sean Leas2024-11-19 My experience working with Financial Emigration as a company has been good. My interactions with Mr. Lovemore Ndlovu have been excellent. His knowledge, process walk though and then constant feedback is commendable. I would have no hesitation recommending Lovemore and his team. Tamsin Bosch2024-11-18 Really helpful team. Took me through the whole process, explained everything well, they were really friendly and efficient. I would highly recommend!
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Find Us
Johannesburg
17 Eaton Avenue
Bryanston
Gauteng, 2191
South Africa
George
55 York Street
Dormehls Drift
George, 6529
South Africa
Contact Details
Telephone:
South Africa: 011 467 0810
International: +27 11 782 5289
Email:
contact@financialemigration.co.za
In the News
- Worried about your assets when you break tax ties with South Africa, here are some tips.13/12/2024 - 09:15
- Understanding and Changing Your Tax Residency Status in South Africa02/12/2024 - 14:00
- Avoid nasty tax surprises by checking your tax residency status with SARS26/11/2024 - 12:23
- Reporting Requirements for Ceasing South African Tax Residency20/11/2024 - 07:53
- Financial Emigration: Legal and Compliance Considerations13/11/2024 - 08:55