All 2 rules for South Africa

South Africa tax residency: the physical presence test

You’re a South African tax resident if you’re ordinarily resident there, or meet the physical presence test: more than 91 days in South Africa this tax year and in each of the five tax years before, and more than 915 days in total over those five. Tax years run from 1 March.

South Africa physical presence test calculator

Count every day you were in South Africa for any part of it, in each tax year from 1 March. Leave out days in transit when you didn’t pass through a port of entry.

South Africa tax residency: two ways to be resident

You’re a South African resident for income tax if you’re ordinarily resident in South Africa — a question of fact, which SARS says isn’t clearly defined — or, if you aren’t, you meet the physical presence test. A resident is taxed on worldwide income; a non-resident, on income from a South African source. Under a tax treaty, someone deemed exclusively resident in another country isn’t a South African resident.

The physical presence test needs all three counts, in tax years that run from 1 March to the end of February:

Count Days in South Africa
This tax year more than 91
Each of the five tax years before more than 91 in every one
The five tax years before, together more than 915

You’re resident from 1 March of the tax year in which all three are met.

How the days are counted

  • A part of a day is a day, so the day you arrive and the day you leave both count.
  • Transit doesn’t count: a day passing through between two places outside South Africa, without entering through a port of entry.
  • Leaving: resident under the test, you stop being one after 330 full days in a row outside South Africa — from the day you left. An ordinarily resident person who means to return stays resident however long they’re away.

The 183-day rule: foreign employment income

The “183 days” in South Africa is an exemption, not a residence test. A resident employee who works outside South Africa for more than 183 full days in any 12 months, with more than 60 full days in a row, pays no South African tax on the first R1.25 million of that foreign employment income. Public-sector pay doesn’t qualify.

Worked example

SARS’s own: someone not ordinarily resident spent 95, 110, 115, 92 and 151 days in the five tax years before, and 355 in the year being tested. Every year is over 91 — but 563 in the five years isn’t over 915, so the test isn’t met. Had the five years held 975 days, as in SARS’s next example, they’d be resident from 1 March.

Australia counts more than half its income year instead: Australia’s 183-day test. Other countries, side by side: 183-day rule by country.

How FlySee counts it

FlySee has no South Africa tracker. The calculator takes your days in South Africa in each of six tax years and checks the three counts. SARS counts the day you arrive and the day you leave, so FlySee’s Log, which counts any part of a day, gives the same days; transit without passing through a port of entry is for you to leave out.

South Africa tax residency: questions and answers.

Is there a 183-day rule in South Africa?

Not for residence. The 183 days people mean is the foreign employment income exemption: a resident employee working outside South Africa for more than 183 full days in any 12 months, more than 60 of them in a row, pays no South African tax on the first R1.25 million of that pay.

When does the physical presence test make me resident?

From the first day — 1 March — of the tax year in which all three counts are met: more than 91 days that year, more than 91 in each of the five before, and more than 915 over those five.

How are days counted?

A part of a day is a day, so the days you arrive and leave both count. Days in transit between two places outside South Africa, without entering through a port of entry, don’t.

How do I stop being resident under the test?

By being outside South Africa for a continuous period of at least 330 full days. Your residence ends from the day you left.

What if I’m ordinarily resident?

Then you’re resident without counting days, however long you’re abroad if you mean to return. The physical presence test is only for people who aren’t ordinarily resident.

Can a tax treaty override it?

Yes. Someone who is resident under either test but, under a tax treaty, deemed to be exclusively resident in another country isn’t a South African resident.

Sources

FlySee counts days; it doesn’t give tax advice. Whether you’re resident is for you and your adviser.

Track it in FlySee

Track days in every country and know the date you can stay until.

  • Logs every day you’re in South Africa and abroad, automatically, and rebuilds past years from your photos
  • Shows your days in South Africa for any period — set it to a tax year from 1 March
  • Exports your days by country as PDF, Excel or CSV for your tax practitioner
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