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South Africans in Germany

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SARS Income Tax

Some basic information

First I have to state that we are not tax consultants and by German law are not allowed to give any tax advice. Please speak to a professional tax consultant if you have any questions regarding your taxes in South Africa. 

  • The SARS tax year is named by the year in which it ends e.g. the 2024 tax year runs from 1 March 2023 to the end of February 2024
  • South Africa uses a Residence base tax system and Germany a Source base system.
  • If you are still a tax resident in South Africa you have to declare your overseas income on your tax return. Even if you did not receive any income in South Africa. See detailed info on the SARS website
  • South Africa and Germany have a double taxation treaty which means your taxes in Germany is taken into consideration. Also see  the Foreign Employment Income Exemption information on the SARS website.
  • SARS is now using a system to reduce workload. Personal Income Taxpayers who qualify will receive Auto-Assessments.  You can check via this Tool on SARS if you have auto-assessed.  If you do not agree with the auto-assessment, please act on it immediately. All info about auto assessments can be found on the SARS website

Tax Residence in South Africa

Information from SARS on who is regarded as a non-resident

Who is a tax resident in South Africa – Reference SARS

An individual is a resident for tax purposes in South Africa either by way of ordinarily residence or by way of physical presence. The concept of “ordinarily residence” is not clearly defined and the determination of whether or not an individual is an ordinarily resident for tax purposes must be done on a case-by-case basis. A number of factors must be taken into account to make such a determination. Interpretation Note 3 (Issue 2): Resident: Definition in relation to a natural person – ordinarily resident sets out the list of factors that will be taken into account to determine whether an individual is ordinarily resident for tax purposes in South Africa.  

An individual can also become a tax resident by way of physical presence. For more details in this regard, refer to Interpretation Note 4 (Issue 5): Resident: Definition in relation to a natural person – physical presence test.  

An individual who is deemed to be exclusively a resident of another country for purposes of a tax treaty is excluded from the definition of “resident”. It follows that while an individual may qualify as a resident under the ordinarily resident or physical presence tests, that individual will not be regarded as a resident for South African tax purposes if that person is a resident of another country when applying for a tax treaty.

Procedure to cease tax residency with SARS

Disclaimer:We are not tax consultants, always refer to a professional Tax consultant concerning your taxes. The Term Financial immigration is not being used anymore. The new concept for tax liability in South Africa is being a tax residence or not. Before considering ceasing your tax residency in South Africa, make sure that you need to do it. South Africa and Germany have a double taxation treaty, see more on our Income Tax page.  When you are earning your salary in Germany, and you are still a tax resident in South Africa, you need to declare your foreign income to SARS

South African Inheritance

When you are a South African citizen, living outside of South Africa, there are special rules when inheriting from a South African Estate.
Important is whether you still have a SA ID document, whether you are still a Tax resident and how much the inheritance will be. Sable International shared the following article to help you understand better

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