Page 40 - Test 1 Slides - 4. Gross Income
P. 40

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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