Relief From South African Tax for Pension, Annuity Income and Savings Withdrawal Benefit

What is it?

Most countries impose tax on the worldwide income earned by a resident of that country as well as on income earned by non-residents on locally earned income. Therefore, someone can be double taxed because they can be taxed in the country of residence as well as in the country of source where the income was earned.  Certain countries have agreements to avoid double taxation. Normally these agreements provide that income of a certain nature will be taxed only in one of the two countries, or may be taxed in both countries and the country of residence will allow a credit for the tax which has been imposed by the source country.  South Africa has agreements with a number of countries to prevent the double taxation of income.

Who is it for?

non-resident, who is not a tax resident of South Africa and receives income from a source in South Africa needs to apply for a directive for the relief from South African tax on pension, annuity income (excluding lump sums) and Savings Withdrawal Benefit or who wants a refund of tax that was withheld in terms of the Income Tax Act No. 58 of 1962 (the Act).  The request should be in terms of the Double Taxation Agreement (DTA) that is in place between South Africa and the non-resident’s country of residence. Effective 1 September 2021 the RST01 application form will be used as an interim measure to allow a non-resident fund member to apply for the relief from South African tax on the Savings Withdrawal Benefit income.

How to apply for a directive?

You can apply for a directive if you qualify as a non-resident.   Follow these steps to apply:

  • You can apply for a directive for the relief of the withholding of Employees’ Tax from your pension, annuity and Savings Withdrawal Benefit by completing the RST01 – Application by Non-Resident for a Directive for Relief from South African Tax for Pension, Annuities and Savings Withdrawal Benefit in terms of a DTA.
  • The tax reference number is mandatory for the Savings Withdrawal Benefit and must be provided on the RST01 application form.
  • The tax office in the country of residence must certify on the RST01 application form that the person is a resident of that country in terms of the DTA between South Africa and the country of residence.
  • The schedules to the RST01application form must be completed in full.
  • Where a DTA allows the source country (in this case South Africa) to exempt the income from tax to the extent the pension and annuity is included as income or taxable income in the country of residence, proof that the income is or was included must be attached to the RST01 application form. The proof can’t be older than a year. An example of proof may be an assessment (in the country of residence) where the income is highlighted.
  • The fully completed and signed RST01 application form must be emailed to [email protected]

Validity of the directive

With effect from the 2024 year of assessment, the period of validity for the relief from South African tax directive has been changed to be valid for a period of three years for the pension and/or annuity income.

The validity of the tax directive for Savings Withdrawal Benefit may not be for a period longer than the end of the year of assessment in which the withdrawal takes place and must be applied for every year in which the taxpayer withdraws from the Savings Component.

Retirement Fund Administrators and / or Long-term Insurers must still ensure that:

  • The taxpayer provides the Retirement Fund Administrators and / or Long-term Insurers a certificate of residence for every year, and
  • that the place of residence remains the same for the duration of the validity of the directive.

Where a taxpayer changed residency to a tax jurisdiction other than the one in respect of which the directive was issued, the directive automatically becomes invalid from the date of the change.

When will a directive application be rejected?

A directive application will be rejected when:

  • The RST01 application form is incomplete.
  • Tax reference number not provided for Savings Withdrawal Benefit.
  • The tax office in the country of residence didn’t sign and stamp the RST01.
  • The date stamp of the tax office is older than one year.
  • The non-resident (who is registered in South Africa for Income Tax purposes) tax affairs aren’t in order.
  • Proof that the pension and annuity income (reflecting as included in income in the assessment of the country of residence), isn’t included.
  • Additional information asked for that wasn’t submitted.
  • If, in terms of South Africa’s domestic law and the DTA; SA had the right to withhold tax.

Top Tip: Where Employees’ Tax was incorrectly withheld from a non-resident’s pension and/or annuity, in terms of the DTA between South Africa and the country of residence, a refund may be requested.

How to request a refund?

Firstly, the non-resident must be registered in South Africa for Income Tax purposes. For more information on how to register as a taxpayer, click here.  Follow these steps to apply for a refund:  

  • An Income Tax Return (ITR12) must be completed and submitted for that relevant year of assessment. This is the first step which allows SARS to refund the Employees’ Tax that was withheld from the pension and/or annuity.
  • A copy of the IRP5 – Employee Tax Certificate, issued by the fund responsible for withholding the Employees’ Tax, must be in your possession.
  • The completed ITR12 may be submitted:
    • Using eFiling, if you are registered. If you aren’t registered, just following these simple steps.
    • Or appoint a representative taxpayer in SA to submit the ITR12 on your behalf. A TPPOA – Special Power of Attorney must be completed to enable the representative to deal with SARS on your behalf.

Top Tip: The Comprehensive Guide to the ITR12 for Individuals is available to assist in completing and submitting your return.  Please note that the submission of the ITR12 doesn’t make provision for creating a refund immediately.  Therefore, the ITR12 may be selected for audit and if it wasn’t, on receipt of the Notice of Assessment (ITA34) an objection must be lodged within 80 business days of the date of the assessment.

  • To enable SARS to revise your assessment and to create a credit (refund) on your account, submit the following relevant documents when lodging your objection or if you have been selected for audit:

When will a refund be rejected?

An application for a refund may be rejected where:

  • In terms of South Africa’s domestic law and the DTA, South Africa has the right to withhold tax.
  • The RST02 is incomplete.
  • The documents needed to complete the request, is not provided. The documents as listed on the RST02 are:
    • Stamped copy of bank statement (1st page only) – must reflect the account details
    • Proof of residential address; and
    • Copy of client’s ID/Passport
  • The tax office in the country of residence didn’t sign and stamp the RST02.
  • The date stamp of the tax office is older than one year.
  • The non-resident’s tax affairs aren’t in order.
  • Proof that the pension and annuity income (reflecting as included in income in the assessment of the country of residence), isn’t included.
  • Any other additional information asked for wasn’t submitted.

How to apply for Savings Withdrawal Benefit tax directive?

  • The fully completed and signed IRP3(a) and RST01 directive must be emailed to [email protected].
  • SARS to issue a manual tax directive (IRP3(e)) to the fund based on the tax rate received on RST01 application.

Frequently Asked Questions

Table of Contents

Last Updated:

Facebook
Twitter
LinkedIn
Email
Print