Exchange Control & Tax

Exchange Control

All funds introduced from outside South Africa to acquire fixed property within South Africa may be repatriated together with any profit on resale of the property, after deduction of any capital Gains Tax payable, provided the title deed of the property has been endorsed "non-resident". Similarly, funds introduced to acquire shares in a company / members interest in a close corporation may be repatriated together with any profit on resale, provided the relevant securities have been endorsed "non-resident". Funds introduced into South Africa in the form of foreign loan to find acquisitions of corporate entities which own property in South Africa, may be repatriated in terms of the original loan approval by the Reserve Bank. The profit on resale may also be repatriated, provided the relevant securities have been endorsed "non-resident".

Income Tax

South Africa follows a revenue based income tax system meaning that income earned from a South African source will be subject to ordinary income tax. Accordingly, any rental earned by non-resident in respect of South African properties will be subject to income tax and it is the responsibility of the non-resident to register as a South African tax payer.

Income earned by natural persons below R27 000 per annum (for persons under the age of 65) and R42 640 (for persons above the age of 65) is exempt from income tax, whilst all income earned over and above the aforesaid amounts will be taxed at a marginal rate applicable to that non-resident.

Corporate entities are subject to a tax rate of 30% of each Rand of taxable income whilst the equivalent rate for a trust is 40%. Non-resident companies are taxed at a rate of 35% but are exempt from Secondary tax on companies (STC) in respect of dividends paid.

Capital Gains Tax (CGT) 

Non-residents are only liable to pay CGT on the disposal of the following :

• Immovable property situated in South Africa, including any right or interest in immovable property.
• Assets of a permanent establishment of a non-resident through which trade is carried on in South Africa.

CGT is payable in the year in which the asset is disposed of and is calculated by adding 25% of the capital gain, or profit, to the individuals income for that year and taxing that income that the individuals marginal rate of income tax. The maximum marginal income tax rate for individuals in South Africa is presently 40%. The capital gain is calculated and disclosed in the individual's income tax return for the year in which it is sold. Thus, if a non-resident disposes of an immovable property in any year of assessment and is not already registered as a South African taxpayer, he or she will have to register as such and submit an income tax return reflecting the calculation of the capital gain and will be liable for the payment of CGT on that gain.

South African residents do not pay CGT on the first R1 million of profit made on the disposal of their primary residence. However, non - residents will not qualify for this exemption if there primary residence is not in South Africa.