• Link to Facebook
  • Link to X
  • Link to LinkedIn
  • Link to Instagram
  • Link to Youtube
  • Link to Mail
Relocation Africa
  • ABOUT US
    • COMPANY INFORMATION
    • SUSTAINABLE DEVELOPMENT
    • BROCHURES
    • UPCOMING EVENTS
    • TESTIMONIALS
  • SERVICES
    • MOBILITY
    • IMMIGRATION
    • RESEARCH
    • REMUNERATION
    • TRAINING
  • KNOWLEDGE CENTRE
    • News Posts
    • Blog
  • RESOURCES
    • Webinars Mobility
    • Webinars Immigration
    • Relocation Africa Coffee Book
    • Relocation Africa Recipe Book
  • LOCATIONS
  • CONTACT US
    • MEET THE TEAM
    • CALL OR CONNECT
    • CAREERS
    • COST REQUEST
  • Menu Menu
Andrew Stegmann
News, South Africa

Financial Emigration: Changes to the Withdrawal of Retirement Funds in South Africa

This information was provided to us courtesy of JJ Accounting Services Mauritius.

The draft Taxation Laws Amendment Bill (“TLAB”) was published on 31 July 2020. As announced in the Budget Speech, any South African leaving in future will be subject to a much stricter process from 1 March 2021 onwards.

The amendment comes as no surprise, as government made its intentions clear in the February 2020 Budget Speech, per Annexure C to the Budget Review: “As a result of the exchange control
announcements in Annexure E, the concept of emigration as recognised by the Reserve Bank will be phased out. It is proposed that the trigger for individuals to withdraw these funds be reviewed”.

Current position

Under the current dispensation, taxpayers may withdraw their retirement funds prior to their retirement date, upon emigration for exchange control purposes, where such emigration is recognised by the South African Reserve Bank. This concession is provided for in the respective definitions of “pension preservation fund”, “provident preservation fund” and “retirement annuity fund” (collectively referred to as “retirement funds”) in section 1 of the Income Tax Act No. 58 of 1962 (“the Act”). Each definition makes provision for withdrawal where a person “is or was a resident who emigrated from the Republic and that emigration is recognised by the South African Reserve Bank for purposes of exchange control”.

In essence, the above proviso permits a person to withdraw his retirement benefit upon completion of a process of emigration through the South African Reserve Bank.

Proposed amendment

The proposed amendment follows the February 2020 Budget Speech, where the government made its intentions clear to overhaul this process as part of the modernisation of its exchange control system, as stated in Annexure C to the Budget Review: “As a result of the exchange control announcements in Annexure E, the concept of emigration as recognised by the Reserve Bank will be phased out. It is proposed that the trigger for individuals to withdraw these funds be reviewed”.

The TLAB, specifically paragraphs (h), (k) and (m) of section 2(1), gives effect to this decision, by amending the proviso to the aforementioned definitions in section 1 as follows: “is a person who is [or was] not a resident [who emigrated from the Republic and that emigration is recognised by the South African Reserve Bank for purposes of exchange control] for an uninterrupted period of three years or longer” (emphasis added).

In other words, reference to the emigration process is substituted with a new test that requires a person to prove they have been non-resident for tax purposes for an unbroken period of at least three years. This new test will apply from 1 March 2021. How this must be proved other than ‘financial emigration’ remains unclear at this stage.

Practically, as from the effective date of 01 March 2021, retirement benefits will be locked in South Africa for at least three years. The proposed amendment signals a big policy shift from a fiscal perspective, but this is one piece to a bigger puzzle that should have those who seek to emigrate on high alert.

 

For information as to how Relocation Africa can help you with your Mobility, Immigration, Research, Remuneration, and Expat Tax needs, email info@relocationafrica.com, or call us on +27 21 763 4240.

Sources: [1], [2]. Image sources: [1], [2].

Share this entry
  • Share on Facebook
  • Share on X
  • Share on LinkedIn
https://www.relocationafrica.com/wp-content/uploads/2020/08/scott-graham-OQMZwNd3ThU-unsplash-scaled.jpg 1709 2560 Andrew Stegmann https://www.relocationafrica.com/wp-content/uploads/2020/09/relocationafricagroup.jpg Andrew Stegmann2020-08-27 11:08:322023-02-21 11:55:21Financial Emigration: Changes to the Withdrawal of Retirement Funds in South Africa
You might also like
South Africa Holds Tax Equalization Payments Taxable
Beautiful South Africa – the expat’s guide:
Who is Patricia de Lille? The Life of an Embattled Cape Town Mayor
Second Covid-19 Wave in Full Swing in South Africa as Hospitals Report Capacity Strain
South African Parental Leave Benefits Amended
SOUTH AFRICA | Major Changes on Visa Validity, Transfers, Rectifications, and Appeals
  • Understanding the State of Global Mobility: An African PerspectiveApril 29, 2025 - 10:00 am
  • Insights on Semigration: A Personal Journey from Durban to Cape TownApril 7, 2025 - 10:18 am
  • The Growing Trend of Semigration in South Africa and Its Impact on the Corporate WorldApril 7, 2025 - 10:09 am
  • Supporting Expatriates’ Mental Health and WellbeingJanuary 22, 2025 - 10:00 am
  • Overcoming the Top 5 Challenges in Global Mobility for 2025 in AfricaJanuary 9, 2025 - 10:00 am
  • Spreading Joy and Hope: Our CSR Initiative with Sisters IncorporatedDecember 19, 2024 - 9:49 am
  • Bridging Generations: Harnessing Intergenerational Teams for Innovation and CollaborationOctober 28, 2024 - 11:04 am
  • Insights from the HR Summit Conference 2024October 15, 2024 - 1:38 pm
  • Kenya Immigration News 7/10/2024October 7, 2024 - 8:38 pm
  • Relocation Africa Appoints René Webster as General ManagerOctober 4, 2024 - 3:46 pm
  • Relocation Africa Appoints René Webster as General ManagerOctober 4, 2024 - 3:21 pm
  • Kenya Immigration News 5/09/2024September 5, 2024 - 4:27 pm
  • Encouraging Empowerment Through Work Shadowing: From A Human Resources ViewpointJuly 26, 2024 - 3:22 pm
  • A Personal Story from Our Marketing Associate – Moving Back Home to South Africa as an ExpatJuly 8, 2024 - 12:14 pm
  • Immigration Update 5/07/2024July 5, 2024 - 10:59 am
  • Mali – Travel GuideJuly 1, 2024 - 9:26 am
  • Relocation Africa’s Sustainability Materiality AssessmentJune 5, 2024 - 3:24 pm
  • Sierra Leone – Travel GuideJune 3, 2024 - 2:23 pm
  • Gambia – Travel GuideMay 6, 2024 - 12:49 pm
  • Niger – Travel GuideApril 18, 2024 - 12:46 pm
© Copyright - Relocation Africa
  • Contact Us
  • Upcoming Conferences
  • Testimonials
  • Newsroom
  • Digital Brochure
  • Privacy Policy
Link to: Expat Nest Podcast: Thriving Abroad Together with Louise Wiles Link to: Expat Nest Podcast: Thriving Abroad Together with Louise Wiles Expat Nest Podcast: Thriving Abroad Together with Louise Wiles Link to: Opinion: African Grid Operators That Don’t Open Up to Solar Risk Being Left Behind Link to: Opinion: African Grid Operators That Don’t Open Up to Solar Risk Being Left Behind Opinion: African Grid Operators That Don’t Open Up to Solar Risk Being Left...
Scroll to top