Offshore Guidebook | Real Estate Investor Magazine Offshore Guidebook 2016 | Page 27

African tax residents that are ‘temporarily abroad’. It is here that these South Africans abroad, who have invariably not kept their South African tax submissions up to date, run into trouble. At this point, there are two options to successfully unlock capital: 1. To retain their SA tax residency, submit all outstanding South African tax returns and payments to date, and then only apply for annual FIA clearance through SARS and the Reserve Bank. 2. To formally emigrate. Emigration Unlocking SA capital though formal emigration (also referred to as financial emigration) effectively allows South Africans unlimited access to their SA capital, with certain conditions and consequences. As the SA tax system is based on worldwide income and assets, those seeking to emigrate after having left the country will need to consider the potential Capital Gains Tax (CGT) implications on all global assets, as they become a non-tax resident in SA. On settling SA taxes and receiving tax clearance and emigration approval through the SARB, applicants are able to transfer assets to the same value as through the regular allowance channels (R11 million per individual) but are able to make a further special application to the SARB for greater amounts. www.reimag.co.za What about Pension Assets? Prior to 2008, South African’s abroad could not access capital tied up in many South Africa retirement funds. Retirement Annuities and pensions have long been viewed by expats as ‘dead capital’. However, subsequent changes to legislation have resulted in these assets being recoverable through application to the SARB and financial emigration. Although the doors to access capital in SA have largely been opened, it is by no means a simple process. Money Migrate offers the ability for South African expats to access a dedicated South African-based service designed to assist individuals in transferring capital from South Africa to any destination worldwide including: • South African Tax administration service to deal with all SARS requirements • Application for a Emigration/Foreign Investment Allowance • Recovery of South African pensions and Retirement Annuities • Opening a non-resident bank account • Forex transfers • Holistic global structuring advice. RESOURCES Money Migrate, Sable Forex Offshore Handbook 2016 25