Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors

I am an SFP affiliated Financial Advisor

No. 163 – Beware of the tax implications of living overseas

by | Nov 20, 2024 | Financial Planning, Investment, Offshore, Tax

Question

I have R3 million in retirement savings and am looking for an income of R25 000 a month.  Should I pass away, I would like my wife to receive the same pension that I received.  

I would also like my children to receive an inheritance from the retirement savings.  What would be the best option to receive this?

Answer

Many people leave South Africa to go and work abroad. What was originally an adventure to get some offshore experience often becomes a permanent arrangement.  As they did not intend formally emigrating when they initially left the country, they are still registered with SARS.  

If you never informed the authorities of your intention to live elsewhere, SARS will still regard you as a South African taxpayer even though you have been in Canada for 10 years. 

 

If you are a South African taxpayer, you will be taxed on your worldwide income, regardless of where you live. This is important to bear in mind, especially of there is no double taxation agreement in place between South Africa and the country you are currently residing in. 

 

Now in the past, there was a formal process called financial emigration.  This was replaced a couple of years ago, a new concept of being “ordinarily resident”.  SARS takes various factors into account when it comes to determining if you are ordinarily resident in a country.  These would include:

  • Where you work
  • Where you stay
  • Where your family and social relationships are based.

 In essence it is the place that you call home. In your instance, it would be Canada. You would need to notify SARS that you are no longer ordinarily resident in South Africa and that you should be deregistered as a taxpayer.  This will have consequences.

 

You will need to bring your tax returns up to date 

I suspect that you have not submitted any income tax returns over the past 10 years. These may be required in order to bring your tax affairs up to date. Under normal circumstances, if you have been paying taxes in your new country, there’s a good possibility that you will just have to submit null returns via efiling as there is probably a double taxation agreement in place with South Africa. 

 

You will be liable for CGT on your assets 

Breaking your SA residency will trigger CGT on the day before you cease to become ordinarily resident.  You will have to pay capital gains tax on all your assets excluding immovable property on the day before you broke your SA residency.  They will treat you as having sold all your assets and levy CGT as if you had sold all your assets.  Your worldwide assets excluding immovable property could also fall into this net so it would be advisable that you speak to a tax lawyer before taking this step.  

 

Once this has been done, you will cease to be a South African taxpayer and will no longer be liable for South African taxes or estate duties.

 

KENNY MEIRING IS AN INDEPENDENT FINANCIAL ADVISER

Contact him via phone, email or via contact phone on the financialwellnesscoach.co.za website

Read more of our articles on the Daily Maverick website or newspaper weekly!

May 04 2026

No. 252 – A late-life divorce settlement must still work after the dust settles

Question My husband and I are divorcing after a long marriage.   I took time out of the workforce to raise our now adult children, so my retirement savings are much...
May 03 2026

No. 251 – Paying off credit card debt with a bond only works with discipline

Question I built up R80,000 of credit card debt during a difficult period. Things are now more stable, but the debt is expensive at 20.6%. I also have available credit...
May 03 2026

No. 250 – How to prepare your investment portfolio for retirement income

Question I will be retiring in three years. Should I be moving my money into the money market fund?Answer As retirement approaches, it is important to reassess your...
May 03 2026

No. 249 – How to manage retirement income in a falling investment market

Question I will be retiring at the end of June and I am horrified by what has happened to my retirement funds. They have dropped significantly since the beginning of...
Mar 29 2026

No. 248 – Savvy divorce planning starts with seeing whole financial picture

Question I am getting divorced. Everyone talks about the house, the pension and maintenance, but I do not even know where to begin. From a financial planning...
Mar 29 2026

No. 247 – Balancing care, finances and dignity for a parent with dementia

Question My mother is a widow and has been diagnosed with early-onset dementia. She owns several rental properties that provide her with income. She now needs to move...
Mar 29 2026

No. 246 – The case for not making hasty decisions in times of uncertainty

Question I am really worried about what is happening in Iran.  Should I move my investments into gold or the money market until things settle down?Answer The current...
Mar 29 2026

No. 245 – Think twice before establishing a trust to fund future education

Question I’d like to set up a trust for my five-year-old daughter’s education. Is that the right move?Answer A trust can be an excellent vehicle for providing for your...
Mar 02 2026

No. 244 – How modern endowment policies can make tax and estate sense

Question My financial adviser recommended that I invest in an endowment. Is this advisable? I’ve heard bad things about it.Answer For many South Africans, endowments...
Mar 02 2026

No. 243 – The right questions you should be asking about a living annuity

Question I will be retiring shortly and am looking at buying a living annuity.  I was told that the main item to look at would be costs.  The plan that I am looking at...

Download the Life File