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!

Nov 02 2026

No. 276 – Protecting your family finances while freelancing

Question After I was retrenched, I have started life as a freelancer. I am enjoying the independence, but I am concerned about losing the benefits that I previously...
Nov 02 2026

No. 275 – Money in the bank could cost you more in tax

Question I recently got a shock from my tax advisor and was told I have to pay SARS over R100 000 this year.  My advisor said it was because I have too much money in my...
Nov 02 2026

No. 274 – Weighing up rental income against long-term investment growth

Question I have a rental property worth R5.5 million that generates an income of R46,000 a month. After expenses, I am left with R32,650. As I don't need the income, I...
Nov 02 2026

No. 273 – Three effective ways for passing wealth to grandchildren

Question I have R10 million that I would like to use to provide my grandchildren with an ongoing income. What is the best way to structure this?Answer There are a few...
Oct 05 2026

No. 272 – Plan ahead for business ownership after death

Question My husband owns a business with two partners. If my husband dies what happens to his shares and how do I make sure I receive the value of his share of the...
Oct 05 2026

No. 271 – Planning for living and having money left to leave after your death

Question I am 65 and have a retirement fund worth R5 million. I want an income, but I also want to leave something to my son when I die. What should I do?Answer...
Sep 21 2026

No. 270 – Making sure that where there is a will, there is clarity, not chaos

In South Africa, if you die without a valid will, the law decides who inherits your assets. In other words, everyone has an estate plan – the question is whether it is...
Sep 21 2026

No. 269 – Preserving property while treating children fairly

Question My wife and I are 55 and in good health. We have two adult children, one of whom lives overseas and is unlikely to return. We own a family holiday home worth...
Sep 21 2026

No. 268 – Access bonds can boost emergency savings, but discipline is vital

Question Is it prudent to put your emergency fund into your access bond, where it reduces the interest on your home loan but remains available if you need it?Answer...
Sep 02 2026

No. 267 – The case for giving children an early inheritance

Question My wife and I are in our seventies and have considerably more money than we are likely to spend. Our children are in their forties and could use the money now....

Download the Life File