Residency Recommencement Considerations – What South Africans Returning Home Need to Know
Tax Consulting South Africa
On the frontiers of tax technical expertise & optimal compliance assurance
Historically, hundreds of thousands of South Africans have relocated to various foreign countries seeking greener pastures. Officially, Stats SA’s March 2024 Migration Profile Report recorded that almost a million South Africans were living and working abroad by 2020. This number increased from more than 743?000 expatriates residing abroad in 2010.
Whether pursuing lucrative career development opportunities in the Middle East, utilising a safer environment in Australasia to build their families, or claiming the benefits of European social and healthcare systems, South Africans continue to emigrate in droves.
Curiously, and notwithstanding the various well-documented socio-economic challenges in South Africa, some of these South Africans do elect to return home every year. In such cases, these inbound Saffas may find themselves re-appearing on the radar of the South African Revenue Service (SARS).
Breaking tax residency
Whilst living and working abroad, many expatriates mistakenly believe that they don’t need to file tax returns or declare their foreign-sourced income to SARS. Many expatriates erroneously adopt a ‘head-in-the-sand’ approach, simply neglecting their tax affairs whilst living and working abroad. In contrast, by obtaining formal confirmation that they have become tax non-residents, many conscientious expatriates may lawfully protect their foreign-sourced income from being taxed by SARS.
Depending on their circumstances and how long they intend to reside abroad, expatriates may elect to either cease their tax residency temporarily or permanently. A temporary cessation of tax residency is achieved in terms of the relevant Double Taxation Agreement, while a more long-term cessation is achieved by means of the so-called financial emigration process.
However, where expatriates choose to return to South Africa, it is crucial that they proactively secure expert tax advice regarding tax residency, exchange control and estate planning considerations before touching down.