“In terms of the Tax Administration Act, the accused is obliged to submit tax returns for assessment by a specific return date. The accused failed to submit 4 Personal Income Tax returns. Now, therefore the accused is guilty on 4 counts of failure to submit a Personal Income Tax return.”
Mbalenhle Mahlaba
Expatriate Tax Specialist
Alex Mahundla
SARS Compliance Specialist
Junaid Bhayla
Tax Attorney
This is the criminal summons from the South African Revenue Service’s (SARS) you want to avoid at all costs, because the tax man has wide powers and discretion to impose administrative penalties or pursue criminal prosecution, depending on the gravity and intent of the contravention of the Tax Administration Act (TAA).
South Africans living abroad should note that being outside the country offers no automatic protection for non-compliance. In fact, expatriates may be particularly vulnerable if the income they declare is not aligned to their tax residency status as per SARS’s records.
The Expat Trap: Misunderstanding Tax Residency
Many expats fall into non-compliance unknowingly due to misconceptions or being ill-informed about South Africa’s residency-based tax system.
Unless you have ceased tax residency through a structured cessation process, SARS still considers you a South African tax resident, legally required to declare your worldwide income – including foreign employment earnings, consulting fees, dividends & interest, rental income, or capital gains.
Expatriates who have not formally changed their status to that of non-resident taxpayer, run the risk of under-declaring their income by only declaring South African-sourced income. Even when unintentional, it is classified as non-compliance and carries substantial financial and legal risks.
Penalties for Non-Compliance: It Adds Up Quickly
Failure to declare your full income according to your tax residency status, can lead to:
Behaviour-Based Penalties
SARS evaluates a taxpayer’s conduct to determine the level of penalty imposed. According to the section 223 of the TAA, penalties for understatement, in a standard case, range from 10% to 150%:
| Behaviour | Penalty (% of Shortfall) | Explanation |
| Substantial understatement | 10% | Large omission but possibly unintentional. |
| Reasonable care not taken | 25% | Carelessness or lack of due diligence. |
| No reasonable grounds | 50% | Aware of obligations but failed to comply. |
| Gross negligence | 100% | Reckless disregard of tax duties. |
| Intentional tax evasion | 150% | Deliberate concealment of income. |
Interest on unpaid taxes is also levied under Section 187 of the TAA and Section 89quat of the Income Tax Act, escalating liabilities over time.
Compliance Is Non-Negotiable
Section 234 of the TAA makes express provision for criminal offences arising from non-compliance with tax Acts. The rationale is to enforce taxpayer compliance and deter wilful or negligent conduct that could undermine the integrity of the tax system and the administration of revenue collection.
The inclusion of criminal sanctions within the TAA underscores the seriousness with which SARS and the legislature regard accurate reporting, timely disclosure, and voluntary compliance in tax administration.
Why Expats Are at High Risk
South Africans living and working overseas face heightened exposure for several reasons:
These behaviours are risky because SARS has visibility into foreign income, and in many cases, already knows more than you think.
SARS’s Global Reach in Tracking Expats
The tax authority’s reach is not limited to domestic data. It receives financial and personal information through the Common Reporting Standard (CRS) and other international agreements. This includes data from foreign banks and financial institutions, property deeds offices, retirement fund administrators, and investment platforms.
Using advanced data analytics and machine learning, SARS cross-checks this information with declared tax returns to detect discrepancies.
SARS also has a Foreign Employment Income Unit, responsible for monitoring expatriates (particularly those earning above R1.25 million annually), ensuring they remain tax compliant, issuing Non-Resident Tax Status Confirmation Letters to those who have formally ceased residency, and leveraging international data-sharing mechanisms to verify foreign-earned income.
These tools mean SARS is proactively identifying non-compliant taxpayers.
The Crucial Step of Ceasing Tax Residency
Ceasing South African tax residency is essential for individuals who have relocated abroad. Without formally applying to SARS, you remain liable for tax on worldwide income and assets.
Once approved, non-resident status changes how your global income is taxed and helps prevent double taxation. Given SARS’ use of global data-sharing and AI audits, prompt compliance is vital, as the cost of inaction far exceeds any short-term benefit of avoiding disclosure.
