She has built a life abroad, works there, earns her salary and pays tax there. Why then did her friends say she may still have to declare her foreign salary to SARS?
Does it matter? In short: Yes.
These are common questions. Many South Africans living overseas eventually find themselves asking them. And those who have not, may well need to — irrespective of whether they have been outside of South Africa for five, ten or more years.
With the deadline for filing annual tax returns fast approaching on 23 October 2026, expatriates who are uncertain about their South African tax position should seek professional advice sooner rather than later.
Why All the Talk About Tax Residency Status with SARS?
If SARS still regards you as a South African tax resident, you will be subject to South African tax on your worldwide income. This means that your foreign income remains declarable in South Africa and that your tax affairs may require review to ensure compliance. If you have ceased to be a tax resident, you will generally only be taxed on South African-sourced income, such as rental income from property in South Africa.
This is an important distinction as many South Africans who relocated abroad never formally addressed their tax residency status when they left the country. They established lives overseas and continued managing their affairs without considering whether their South African tax position had changed.
As more expatriates across popular expatriate destinations such as the United Kingdom, United Arab Emirates, Australia, Canada and China, recognise the importance of getting their tax affairs in order, they are proactively reviewing their South African tax residency status and ensuring that their SARS records accurately reflect their circumstances.
Establishing Your Tax Position Is Only the First Step
Determining whether you remain a South African tax resident is an important starting point, but it is not the end of the story. If you remain tax resident in South Africa, various forms of tax relief may be available to reduce or eliminate South African tax on qualifying foreign income, depending on your circumstances and the applicable requirements.
It all comes down to the tax return submitted.
Regardless of whether any South African tax is ultimately payable, filing obligations remain an important part of maintaining compliance with SARS.
Many expatriates are surprised to learn that tax relief provisions do not remove the need to engage with SARS. Instead, they typically require the relevant disclosure through a tax return or a formal application process.
What Are Your Options?
For South Africans expatriates, the appropriate approach to tax relief will depend on their tax residency status and their individual circumstances. The main options to consider are:
- The Foreign Employment Income Exemption, available to South African tax residents who earn remuneration from foreign employment and meet the prescribed requirements. To qualify, the individual must be employed under a contract of employment and meet the test of days spent outside of South Africa. Where these requirements are met, the first R1.25 million of qualifying foreign employment income may be exempt from South African income tax. This exemption applies only to employment income and does not extend to self-employed individuals or independent contractors.
- Where an individual does not qualify for the Expat Exemption mentioned above and does not wish to permanently cease their South African tax residency, relief may be available under the applicable Double Taxation Agreement (DTA) between South Africa and the foreign country in which they are living and working. DTAs are designed to prevent the same income from being taxed in both jurisdictions by allocating taxing rights between the two countries. However, the application of a DTA is highly dependent on an individual’s specific circumstances. As a result, it is advisable to obtain professional tax advice.
- For expatriates who are certain that they do not intend to return to South Africa, and no longer consider it to be home, the once-and-for-all application of Financial Emigration to permanently cease tax residency could be the best bet.
Irrespective of which tax relief option might best apply to your circumstances, all require a formal submission to SARS, in the form of a tax return, or application to cease tax residency.
Your Roadmap to Tax Tranquillity
With the assistance of an experienced cross-border tax professional, it is rarely too late to correct past non-compliance and bring your affairs up to date.
The starting point is to ensure that:
- Historic tax returns are accurate and up to date;
- Foreign income has been correctly disclosed where required;
- SARS records reflect current circumstances; and
- Any change in tax residency status has been properly addressed.
Depending on the facts of each case, relief may be available through the Foreign Employment Income Exemption, a Double Taxation Agreement, or a backdated application to cease South African tax residency.
Taking the appropriate steps now can provide certainty, restore compliance and ensure that the most suitable tax relief option is applied.
