TREASURY AND SARS OUTLINE NEW TAX CHANGES FOR SOUTH AFRICA

National Treasury has responded to some of the key changes proposed in its Draft Tax Law Amendment Bill (TLAB) and Draft Tax Administration Laws Amendment Bill (Draft TALAB) – including questions around emigration and harsher punishments for taxpayers. Treasury was responding to submissions on the new bills alongside the South African Revenue Service (SARS) in…

UNEXPECTED TAX RELIEF FOR EXPATRIATES “STUCK” IN SOUTH AFRICA

South African expatriates who were unable to leave South Africa on account of the lockdown will be relieved to learn that the requirements of the foreign employment exemption (Section10(1)(o)(ii)) will be relaxed. On 13 October 2020, National Treasury and SARS published their draft Response Document on the latest tax Bills, wherein the unexpected proposal was…

NATIONAL TREASURY CONFIRMS EMIGRANT RETIREMENT 3 YEAR CAPTURE

South Africans who have emigrated or plan to permanently leave South Africa have until 28 February 2021, just over four months from now, to effect financial emigration. National Treasury has laid down the new law and made it clear – the consequence otherwise is your retirement money will be locked in for three years, you…

ON A KNIFE-EDGE: SARS’ FOCUS ON EXPATRIATES THIS FILING SEASON

This year has been a journey into unchartered waters for us all, and a particularly tense time as far as South African expatriates are concerned. For many expats, more and more questions have been left unanswered as this filing season, and the current tax year begins to draw to a close. One thing, however, is…

VERDICT ON RETIREMENT FUND WITHDRAWAL COMING SOON

The time for South Africans who consider emigrating to learn their fate around their pensions is drawing closer. We have come a long way since publication of the draft tax Bills on 31 July this year, and on 7 October 2020, the Standing Committee on Finance (“the Committee”) heard oral submissions on the proposed tax…

WARNING OVER GOVERNMENT’S PLANS TO CHANGE SOUTH AFRICA’S EMIGRATION RULES

A number of tax and financial groups have issued warnings over a new draft bill which will introduce changes for South Africans looking to take their retirement funds out of the country. Under the current system, members of preservation funds and retirement annuity funds may withdraw from such funds if they formally emigrate from South…

EXPATS WHO DEREGISTER TO AVOID TAX WILL PAY MORE IN THE END

“Expats who follow shady advice to deregister as taxpayers with SARS will suffer in the long run,” says Jonty Leon, Legal Manager (Expatriate Tax) at Tax Consulting SA. This follows reports that some tax advisors are directing their expatriate clients to deregister with SARS to avoid paying tax on their non-exempt foreign income. According to…

NEW TAX BILLS – A STEP CLOSER TO RETIREMENT REFORM IN SA AND IMMEDIATE 3-YEAR LOCKUP

A STEP CLOSER TO RETIREMENT REFORM IN SA AND IMMEDIATE 3-YEAR LOCKUP The draft Taxation Laws Amendment Bill (“TLAB”) was published on 31 July 2020. As announced in the Budget Speech, any South African leaving in future will be subject to a much stricter process from 1 March 2021 onwards. But there was also a…

THINK TWICE BEFORE ACCEPTING YOUR SARS AUTO-ASSESSMENT

SARS’ announcement that it has started auto-assessing certain taxpayers may lead some people to believe they no longer need to worry about their tax submissions. This is not the case, according to Thamsanqa Msiza, Head of Individual Tax Returns at Tax Consulting South Africa. “The onus still lies with the taxpayer to ensure all information…

NEW TAX BILLS IMPOSE STRICTER RULES TO TAKE RETIREMENT FUNDS ABROAD

The draft Taxation Laws Amendment Bill (“TLAB”) was published on 31 July 2020 and with it comes an overhaul of the regime for taking your retirement funds abroad. In terms of the proposed amendments, expatriation of these benefits will be subject to a much stricter process from 1 March 2021 onwards. Current position Under the…