koffiejunkie
Executive Member
- Joined
- Aug 23, 2004
- Messages
- 9,588
A lot of people think simply doing financial immigration is the fix, but that's only part of the story. From what I understand, SARS uses a number of factors - six or seven but I don't remember them all - to determine if you are resident for tax purposes. One is where your assets are held. Another is where your income is derived. Another is where you spend your time[*] - if you spend more than a certain number of days in SA, you are likely resident for tax purposes. There are a few more, but as I say I don't remember all of them. Anyway, all of this is taken to account and the determination is made at SARS' discretion. Being FE doesn't guarantee you're not considered resident. Financial Emmigration is a Reserve Bank process, nothing much to do with SARS.This is a really good point - do you know what would put you out of SARS reach?
[*] As I understand it, the main reason the law was introduced was to go after South Africans doing 6-months on, 6-months off contracting in low- or no-tax places like Dubai, and spend the remainder of the year in SA. Often they are people with a spouse and children here, so they're technically living in SA, and just working away for extended periods. This, to me seems reasonable, but as usual the law is overly broad and vague so it catches a lot of people like me who work and live permanently in a place with low tax and ass-impalingly expensive rent. My rent for a 1-bedroom flat in a fairly old building is double my teacher-mother's salary in SA. It's simply not comparable and not really comprehensible to anyone not living and earning here. Sure, I earn decent but paying 45% to ZA would completely wipe out any advantage for me to be here. In fact, it might make it completely unaffordable.