South Africa Tax Residency
South Africa tax residency: ordinarily resident test, physical presence test, cessation of residency, exit charge on deemed disposal. Trigger on: "South Africa tax resident", "SARS residency", "leaving South Africa taxes", "ordinarily resident South Africa", "physical presence test South Africa",…
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Key facts — South Africa, 2025
| Item | Value |
|---|---|
| Tests | Ordinarily resident OR physical presence test — meet EITHER → resident |
| Exit charge | Deemed disposal of worldwide assets at market value on departure |
| Legislation | Income Tax Act 58 of 1962, §1 (definition of "resident") |
| Tax authority | SARS (sars.gov.za) |
The full rule
Quick reference
| Item | Value |
|---|---|
| Tests | Ordinarily resident OR physical presence test — meet EITHER → resident |
| Exit charge | Deemed disposal of worldwide assets at market value on departure |
| Legislation | Income Tax Act 58 of 1962, §1 (definition of "resident") |
| Tax authority | SARS (sars.gov.za) |
Test 2: Physical Presence Test
Even if NOT ordinarily resident, a person is a SA tax resident if they are physically present in SA for:
- 91 days or more in the current year, AND
- 91 days or more in each of the preceding 5 years, AND
- 915 days or more in total over the preceding 5 years (183 days/year average)
All three conditions must be met simultaneously.
Ceasing South African tax residency
Ordinarily resident individuals: Cease to be SA tax resident when they become ordinarily resident in another country (i.e. establish their "real home" elsewhere).
Physical presence individuals: Cease to be SA tax resident when they are absent from SA for a continuous period of at least 330 days after the day they ceased to meet the physical presence test.
Exit charge: deemed disposal on departure
When a person ceases to be a SA tax resident, they are treated as having disposed of all their worldwide assets (other than SA real property and SA PE assets) at fair market value on the date of cessation.
This triggers CGT on all unrealised capital gains in foreign and South African assets at the date of departure.
Exception: SA immovable property and assets of a SA permanent establishment are not subject to the deemed disposal — SA retains taxing rights on those when actually sold.
Tax emigration process (post-2021)
Since 1 March 2021, the SARB "financial emigration" process through the banking system was abolished. Tax emigration is now a tax process only:
- Cease being ordinarily resident in SA (establish home abroad)
- Inform SARS via your tax return — declare the date of cessation
- Pay the exit CGT on the deemed disposal
- Obtain a SARS compliance certificate
Sources
- Income Tax Act 58 of 1962, §1 (definition of "resident"), §9H (exit charge)
- SARS: sars.gov.za/types-of-tax/income-tax/foreign-income/
Working paper only. The ordinarily resident test is highly fact-specific. The exit CGT can be significant for individuals with large unrealised gains in foreign portfolios. Have a qualified South African CA(SA) or tax practitioner review.
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More South Africa tax skills
Other South Africa computations in the OpenAccountants library.