South African Tax Emigration

Living abroad is one thing.
Ending South African tax residency is another.

With SARS applying a lot more scrutiny to the tax compliance of South African expats, ensuring that your tax affairs are in order and that you have formally ceased tax residency is now more important than ever.

FREE

Initial consultation

R30,000

Tax Emigration service

Ref · TE / SARS

Status record

Your South African tax status

Physical presence abroad is not the same as cessation of tax residency.

Living overseas

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Tax residency assessed

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SARS record aligned

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Retirement fund encashment

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The core misconception

Leaving South Africa does not automatically end South African tax residency.

Whether you have ceased to be a South African tax resident depends on your circumstances.

Financial Emigration is not a single event

The physical move, informing SARS you have ceased residency and eligibility to cash certain components of your Retirement funds can occur at different points in time. The key is to place each in the right order.

01

You move overseas

Your physical move does not necessarily determine your South African tax status.

02

Your Money moves

Practically it can make sense to externalise your (liquid) SA asset base around the time you make the move itself.

03

SARS is aligned

Bring your tax affairs into compliance, and update your tax status with SARS.

04

The three-year period matters

Certain components of your Retirement funds may require you to remain Non-SA resident for three years before becoming eligible to take a Cessation of tax residency lump sum withdrawal.

05

Funds can be accessed

Once the relevant requirements are met, retirement fund withdrawal and the associated tax / FX process can be coordinated.

Your situation determines the process.

01

When did you leave South Africa?

02

Have you already informed SARS?

03

Have you continued filing South African tax returns?

04

Do you still receive South African-source income?

05

Do you own South African assets?

06

Do you have a retirement annuity or preservation fund?

What actually changes when you cease South African tax residency?

01

Your SARS status

Once you formalise the cessation of your South African tax residency, you no longer subject to tax in South Africa on your worldwide income.

02

Your tax obligations

Determine what still needs to be declared in South Africa after you become Non-SA tax resident. You may still need to disclose SA source (e.g. rental) income, and you may still need to lodge returns in the year(s) you encash Retirement funds.

03

Your Exit tax position

Upon ceasing tax residence, a deemed disposal of worldwide assets may be triggered which can result in a CGT liability to SARS. This is deemed to take place the day before your change in status, and is based on the market value of certain asset classes as if they were disposed of on that day.

04

Your retirement funds

The three-year clock starts which determines your eligibility to avail of a Cessation of tax residency withdrawal on certain components of your Retirement funds.

One multi-disciplinary team to manage the transition.

MyGlobalCFO has expertise across the key elements of Forex, Tax and Exchange control.

Our credentials give us the ability to assist more holistically in ways that a traditional bank or stand alone tax practice can’t –

  • MyGlobalCFO (Pty) Ltd [South Africa] is an Authorised South African financial services provider (FSP 49859).
  • MyGlobalCFO Pty Ltd [Australia] is the holder of an Australian Financial Services Licence (AFSL 700155).
  • In-house Tax Practitioners to facilitate Cessation of residency and AIT applications.
  • In-house exchange control expertise to navigate both Resident and Emigrant/Non Res forex transfer.

Your tax emigration file – A work in progress example

Prepared by MyGlobalCFO

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Plan the optimal approach (while still in South Africa)

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Resident Forex and exchange control (to move liquid assets)

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Ceasing tax residency

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What our clients say

5.0 · + 360 reviews

I have recently used MyGlobalCFO services again, this time to financially emigrate and transfer my funds with excellent service dealing with SARS, communication and explanation break-downs.

Highly recommended.

Johan Du Toit

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Kyle and Trevor have been a huge help with my financial emigration process. They are very knowledgeable and made the whole process a stress free one. I would highly recommend their services.

Victoria Taylor

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Kyle, Trevor and the MyGlobalCFO team were honestly the most on-it company I’ve ever dealt with, even internationally.

The were super quick to respond, always one step ahead of the game in what we needed to provide them which meant our money transfer went seamlessly.

They dealt with SARS on our behalf, our insurance and investment providers all without hiccups, keeping us updated every step of the way.

Robyn Duarte

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Tax Emigration FAQs

What is financial emigration, and how has it changed?

Previously, financial emigration meant formally changing your status with the South African Reserve Bank. That process has been abolished.

Now, financial emigration means ceasing your South African tax residency with SARS, either because you no longer ordinarily reside in South Africa or because a double tax agreement makes you tax resident in Australia (for example).

It’s a once-off change of status that doesn’t expire, and the onus is on the taxpayer to inform SARS of this cessation.

Do I need to financially emigrate, and what happens if I don’t?

If you’ve moved abroad permanently, SARS may still regard you as tax resident until you formally cease residency.

Until such time you denote yourself as Non resident, SARS would still expect you to lodge returns to declare worldwide income, including your Australian employment income.

Denoting yourself as Non resident means you declare only SA-source income, and it can enable access to your retirement savings and the transfer of your wealth offshore.

Can I access my Retirement Annuity, Preservation or Pension fund?

Yes. Once you’ve been non-SA tax resident for at least three consecutive years, you can avail of what is called a Cessation (of tax residency) withdrawal to access your full retirement annuity and/or preservation fund holding as a lump sum, and transfer the proceeds to Australia.

Why would I want to encash my South African Retirement fund?

If you’ve decided to make Australia your permanent home, you may want to align your asset base there.

Generally South African Retirement funds can be an important part of this process, therefore a key consideration is how best to externalise them and put the proceeds to work to build your retirement base in Australia.

Encashing your South African Retirement funds and investing the proceeds in Australia (through Superannuation, or discretionary investments) will mitigate the risk of Rand depreciation, and will help you avoid a mismatched core exposure to South African risk-assets.

Retirement fund encashment is more complicated than simply selling down a discretionary investment, and often it will require you to cease tax residency and support the fact that you have been Non-SA resident for three years to avail of a full lump sum withdrawal.

Once encashed via this process, there aren’t any restrictions on what you use this money for in Australia.

So while some make Concessional and/or Non concessional contributions to their Superannation fund, others opt to use the proceeds to set up discretionary investments or enter the Australian property market.

Why use MyGlobalCFO to financially emigrate, and not my normal practitioner?

MyGlobalCFO brings a very unique combination of Forex, Tax, Exchange control and Retirement fund encashment expertise which we tailor to your specific Australian migration needs.

We are one of the only (if not the only) financial emigration providers in existence that is a registered financial services provider in both South Africa and Australia.

We can therefore partner with you to provide holistic expertise that is relevant to your new life in Australia while other providers may focus on only one or two pieces of the puzzle.

With over a decade of experience in Retirement fund encashment, we have very good working relationships with all the big policy providers to bridge the gap between the tax process of ceasing residency to facilitating the actual Retirement fund encashments on your behalf – and remitting the proceeds to Australia for onward investment.

Will I lose my South African citizenship or passport?

No. Ceasing tax residency is a tax matter, and does not impact your eligibility to remain a citizen.

You can keep your South African citizenship and your South African passport.

If you later decide to return to South Africa permanently, you will likely become tax resident again.

What happens to my South African assets, bank accounts and property?

You don’t necessarily have to sell all your South African assets, and you don’t necessarily need to close out all South African bank accounts.

You can keep South African property and investments, and you can still hold a South African bank account, which you would denote as a non-resident one.

Will SARS still tax me after I’ve financially emigrated?

Only on South African-source income, such as rental income.

Your Australian employment income is no longer taxed in South Africa.

You may still need to file South African tax returns if you earn local income or own local assets, but once you have wound down your SA asset base you may then be able to deregister your income tax type.

What is ‘Exit tax’?

Also known as a ‘Deemed disposal for CGT purposes’, this may apply when an individual ceases to be a tax resident

Governed by Section 9H of the Income Tax Act, a deemed disposal of certain worldwide assets may be triggered upon cessation of your residency – even though no actual sale takes place.

This is deemed to take place the day before your change in status, and is based on the market value of certain asset classes as if they were disposed of on that day – and can result in a CGT liability to SARS

SARS would generally lose taxing rights over future capital gains pertaining to the relevant asset, which is then taxed in your new country of residence.