When would I be breaking tax residence?
The determination of whether an individual breaks his or her tax residence is a factual enquiry on whether or not that person ceases to be ordinarily resident in South Africa. An individual, who is resident by virtue of the physical presence test, ceases to be a resident when that person is physically outside the Republic for a continuous period of at least 330 full days. A deemed disposal for capital gains tax purposes takes place at the time when an individual breaks his or her tax residence. The individual will be deemed to dispose of his or her worldwide assets, excluding immovable property situated in South Africa.
Breaking tax residency does not depend on your residency status with the Department of Home Affairs nor your status with the South African Reserve Bank.
Do I need to pay tax on crypto assets?
Yes, normal income tax rules apply to crypto assets and affected taxpayers need to declare crypto assets’ gains or losses as part of their taxable income. The onus is on taxpayers to declare all crypto assets-related taxable income in the tax year in which it is received or accrued.
The South African Revenue Service has been consulting with trading platforms and we expect that they will soon institute a reporting requirement for these entities.