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All South African residents are taxed on their world-wide income regardless of its source.

If the income is also taxed in a foreign country then reference must be made to the Double Taxation Agreement between South Africa and that country to determine how the resident will be taxed.

Exemptions

Payment for services rendered outside South Africa if such a person was outside South Africa for at least a total of 183 days of which 60 days were continuous.

Non-South African pension and social security payments.

Who is a South African resident?

A natural person who is ordinarily resident in South Africa. Ordinarily resident is not defined but can (sometimes with great difficulty) be determined from case law. Broadly speaking the place of ordinary residence is the place to which the taxpayer will return at the end of his or her wanderings.

A natural person who is physically present in South Africa for at least 91 days in the current and each of the preceding 5 tax years and at least 915 days in aggregate during the five preceding tax years.

A Company or trust that is incorporated, established or formed in South Africa or which has its place of effective management in South Africa. Place of effective management is not defined and reference must be made to case law.

Who is excluded as a South African resident?

A natural person who was previously deemed to be a resident if physically absent from South Africa for a continuous period of at least 330 days from the date of departure.

A person who is deemed to be exclusively a resident of another country in terms of a Double Taxation Agreement.

Should you wish to make an appointment, please feel free to visit Derek’s diary and book a time that suits you.

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Need a shelf company or CC, a tax clearance, VAT registration or B-BBEE certificate? We offer a wide range of such services.

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