Page 37 - Test 1 Slides - 4. Gross Income
P. 37

GROSS INCOME


            Example – application of order of test for


            residence






            • Mr D who emigrated last year and started living in the UK, was present in SA for 15
                days holiday in the current year. He was a SA resident and stayed in SA for more than
                300 days for each of the five preceding tax years.

            • You are required to determine whether the following taxpayer is classified as a
                resident of South Africa for the current tax year. Assume that there are no double tax
                agreements in place that deal with the residence of Mr D.

            Solution:

            Step 1 – Does a double tax agreement apply? No, go to step 2


            Step 2 – Is Mr D ordinarily resident in SA during the 20X6 tax year? No , go to step 3
            Step 3 – Does the physical presence test apply?


            • When applying the physical presence test, he:
                    • has been in SA for more than 91 days in the previous 5 years of assessment,
                    • has been in SA for more than 915 days in the five previous years of assessment
                    • but has not been present in SA for more than 91 days in the current year of assessment.

            • The terms of the physical presence test are therefore not met. Mr D will not be a SA
                resident during the current year. He will be treated as a non-resident.



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