South Africans planning to relocate abroad or formalise their non-resident taxpayer status are operating in a significantly changed regulatory environment. Over the past few years, the process of ceasing tax residency has shifted from a largely bank-driven exercise to a compliance-focused under the South African Revenue Service (SARS).
Vivian Cox
Expatriate Tax Consultant
This transition has fundamentally changed how taxpayers prove they have ceased South African tax residency. More importantly, individuals who earlier followed the old financial emigration process should not assume that those historical approvals automatically satisfy today’s SARS requirements.
The Old Regime: A Banking-Centric Framework
Prior to March 2021, ceasing tax residency was largely managed through South African banks under the exchange control system.
The process began with the completion of the MP336(b) form, which was submitted through an authorised dealer. The taxpayer would then apply to SARS for an Emigration Tax Clearance Certificate (ETCC), confirming that their tax affairs were in order before the bank sought approval from the South African Reserve Bank (SARB) for the transfer of funds offshore in accordance with South African exchange control requirements.
A key component of the process was the application of “exit tax” under Section 9H of the Income Tax Act. Individuals ceasing tax residency are deemed to have disposed of their worldwide assets immediately before becoming non-resident, potentially triggering capital gains tax that had to be declared on their tax return.
Once the tax clearance was issued, the individual’s South African bank account was converted into a Blocked Asset Account. Following SARB approval, financial emigration was regarded as complete.
The New Regime: A SARS-Led Compliance Process
The requirement to follow a formal process with the South African government remains. What has changed is the sequence of approvals, which is now SARS-centric, rather than a process initiated through the SARB prior to 1 March 2021.
Under the current process, taxpayers update their residency status via the RAV01 form on SARS eFiling. This typically triggers a verification process during which SARS may request extensive supporting documentation to demonstrate that the individual has genuinely ceased South African tax residency.
Remember, the exit tax under Section 9H still applies. Although the administrative process has changed, the tax consequences of ceasing residency remain unchanged and must still be correctly declared.
If SARS is satisfied with the application and supporting evidence, it issues the Confirmation of Non-Residency Letter, which has become the primary document used to demonstrate that an individual is no longer a South African tax resident.
What About People Who Followed the Old Process?
One of the biggest misconceptions is that individuals who financially emigrated before March 2021 automatically meet today’s SARS requirements.
While the old financial emigration process may have successfully concluded under the exchange control system, it did not result in the issuance of a SARS Confirmation of Non-Residency Letter because that document did not exist at the time.
This letter has become increasingly relevant as taxpayers seek to transfer funds offshore, withdraw South African retirement interests following the required non-residency period, or simply prove their tax residency status to financial institutions or foreign tax authorities.
In many cases, taxpayers who completed financial emigration under the old regime may need to formally regularise their tax residency status with SARS under the current process to obtain official confirmation of non-residency. Each case should, however, be assessed on its own facts and supporting documentation.
Why the New Approach Matters
The move to a SARS-led process reflects a broader trend toward enhanced compliance measures, international transparency, and greater information sharing between tax authorities.
Physically leaving South Africa or transferring assets offshore no longer establishes non-resident status on its own. Without SARS formally recognising the cessation of tax residency, individuals may continue to be regarded as South African tax residents and remain liable for tax on their worldwide income.
This can create unintended double taxation, particularly where individuals have also become tax residents elsewhere. Although Double Taxation Agreements may provide relief, relying on treaty provisions without having properly regularised one’s South African tax residency can create complexity and increase the likelihood of disputes with SARS.
Failure to correctly declare exit tax may also result in penalties, interest, and additional verification by SARS. As compliance standards continue to evolve, taxpayers should ensure that both their historical and current tax positions accurately reflect their residency status.
For expatriates, internationally mobile professionals, and high-net-worth individuals, the importance of maintaining a properly documented tax residency status has never been greater.
A New Benchmark in Tax Residency
South Africa’s transition away from the SARB focused regime marks more than a procedural change. It represents a shift from an exchange control process administered by banks to a formal tax compliance process administered by SARS.
For taxpayers who ceased residency under the previous regime, the introduction of the Confirmation of Non-Residency Letter raises an important question: does your historical financial emigration still provide the evidence you need today? In many cases, the answer may be no.
Ultimately, following the current SARS process is not optional for taxpayers who require formal recognition of their non-resident status. Obtaining the appropriate SARS confirmation helps protect against future disputes, facilitates international fund transfers where required, and provides certainty in an increasingly regulated global tax environment.
Do not rely on relocation—or even historical financial emigration—alone. Where formal proof of non-resident tax status is required today, SARS confirmation has become the benchmark.
