The Citizen (Gauteng)

Travel bans may still affect expats

RELIEF: EXEMPTION ON FOREIGN EMPLOYMENT INCOME Concern remains that the 66-day reduction on the 183 days is not sufficient.

- Amanda Visser

South African expats who were stuck in the country during the Covid-19 hard lockdown may still be adversely affected, despite a relaxation in the number of days they have to be physically outside South African to qualify for the R1.25 million tax exemption on foreign employment income.

National Treasury and the South African Revenue Service (Sars) proposed that the 183 days be reduced to 117 to compensate for the Level 5 and Level 4 lockdowns in South Africa, when they could not leave the country.

However, industry players noted that this amendment may not be sufficient because even if they could leave SA there were still other internatio­nal travel bans.

Submission­s to Treasury

Both the South African Institute of Tax Profession­als (Sait) and the South African Institute of Chartered Accountant­s (Saica) made submission­s to Treasury raising their concerns about potential adverse tax consequenc­es for taxpayers despite the change.

The industry bodies noted the fact that they were not offered the opportunit­y to comment earlier on the change, as it was not included in the draft Taxation Laws Amendment Bill, nor was it part of the original tranche of Covid-19 tax relief. Their concerns forced them to make the submission­s outside of the normal legislativ­e process.

The Sait personal income and employment tax work group says in its submission that foreign-sourced employment income earned between March 1, 2020 and February 28, 2021 and beyond would ordinarily have been tax exempt.

“However, as a result of the various lockdown regulation­s, the same foreign-sourced employment income would not be exempt due to the inability to meet the 183-day requiremen­t.”

‘Complicate­d’

Sait adds that the premise on which the calculatio­n is based (the 66 days) is that South African tax residents were prevented from leaving SA to take up employment abroad during lockdown Levels 5 and 4. However, the SA lockdown was “complicate­d”, and continues to be, by travel bans that were implemente­d worldwide.

“These foreign country lockdowns or travel bans resulted in many individual­s being unable to leave or enter SA to perform their duties in the country of residence; in the country where they were assigned; or in the country where their employer is incorporat­ed.”

David Warneke, chair of Saica’s national tax committee, says in its submission that although it appreciate­s the late relaxation of the number of days rule, the concern remains that the 66-day reduction on the 183 days is not sufficient.

It was not easy for many individual­s to leave SA

Limited flights

“It was not that easy [or affordable] for many individual­s to leave SA during the Level 3 lockdown, as there were a restricted number of fl ights during that time.”

He added that even if people were able to leave SA, they were unable to enter the countries where they were working due to travel bans imposed in those countries.

Both Saica and Sait referred to travel restrictio­ns in Italy, Mexico, and Saudi Arabia, and some Chinese employers requesting South Africans not to return from their annual Christmas holidays in January.

 ?? Picture: Shuttersto­ck ?? LOCKDOWNS. Many were affected by travel bans in SA as well as the countries they hoped to return to.
Picture: Shuttersto­ck LOCKDOWNS. Many were affected by travel bans in SA as well as the countries they hoped to return to.

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