Page 42 - Gross Income class slides
P. 42

GROSS INCOME


            Example – application of physical


            presence test




            Solution:

            c) Mr A is not ordinarily resident in SA. Applying the physical presence test:
                    • he was present in SA for more than 91 days in the current of assessment

                    • he was present in SA for more than 91 days in each of the five preceding years of
                       assessment

                    • he was not present in SA for more than 915 days during the preceding five years of
                       assessment (210 + 95 + 185 +175 + 160 = 825 days therefore this requirement is
                       not met.)

            Mr A will not be classified as a resident as he was not present in SA for a period
            exceeding 915 days during the previous five years of assessment.

            d) Mr A is not ordinarily resident in SA. Applying the physical presence test:

                    • he was present in SA for more than 91 days in the current of assessment
                    • he was not present in SA for more than 91 days in each of the five preceding years
                       of assessment. In 20X5, he was only present for 85 days.
                    • he was present in SA for more than 915 days during the preceding five years of
                       assessment (210 + 85 + 320 + 175 + 160 = 950 days therefore this requirement is
                       met.)

            Mr A will not be classified as a resident as he was not present in SA for a period of 91
            days in the 20X5 year.

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