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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…
ExcellentBased on 192 reviews
Ben Maxton2024-07-15Very impressed with the preparation and turnaround time. Thank you!Olivia Maxton2024-07-15First class services. Extremely knowledgeable staff who are very professional. Helped us in no-time, would recommend to anyone who needs confident decisions regarding their South African tax compliance with SARS while living and working abroad.Shaun Thomas2024-07-09Excellent service I was really impressed how easy it was to sort out my tax residency with SARS. Khomotso and Chavaughn were great to deal with.Revauw Pentz2024-07-04I recently used Financial Emigration's services to obtain my Non-Resident Confirmation Letter, and the experience was excellent. The team demonstrated professionalism and efficiency throughout the process. They guided me clearly, addressing all my questions and concerns promptly. The application procedure was smooth and hassle-free, and I received my confirmation letter much sooner than expected. Financial Emigration made what could have been a complex and stressful process straightforward and manageable. I highly recommend their services to anyone needing assistance with financial emigration.Luther Heys2024-07-03Very easy to work with and helped me successfully navigate my financial emigration.Heinrich Van Der Westhuizen2024-07-02Financial Emigration's service, especially Nikolas Skafidas and his team, has been outstanding. The entire process has been seamless, with prompt responses and excellent follow-up on issues.Isabella Venter2024-06-26Mr Alex Mahundla was excellent in arranging an interview with a SARS agent in order to update my eFiling profile. His communication via email, phone and MSTeams was professional, informative, on time and very detailed. I gladly recommend his polite and friendly service!Karin Remmelzwaal2024-06-21After sending an enquiry via the website I had an intro call set up within hours. Delano was confident and patient, thanks!Johan van Wyk2024-06-10I contacted Financial Emigration soon after I landed overseas. They started the process once I provided the necessary information, and kept me in the loop each step of the process. This was a great experience.
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