A Declaration of Residency is a crucial document required in various situations where formal proof of South African residency status is needed. This declaration is commonly used when dealing with tax authorities, financial institutions, employers, or government agencies, both within South Africa and internationally. The document includes detailed personal information, residency claims, and supporting evidence that demonstrate compliance with South African residency requirements under both tax and immigration laws. It must align with the criteria established in the Income Tax Act, particularly regarding the ordinary residence test and physical presence test. The Declaration of Residency is especially important for individuals who need to establish their tax residency status, apply for financial services, or comply with international tax agreements.
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1. Declaration Header: Formal title, date, and declarant's full legal name and identification details
2. Personal Information: Comprehensive personal details including full name, date of birth, passport/ID number, and all current addresses
3. Residency Claim: Clear statement of residency status being claimed (tax resident, permanent resident, or both)
4. Basis for Residency: Detailed explanation of why the declarant qualifies as a resident (physical presence test, ordinary residence test, or permanent residence status)
5. Supporting Facts: Specific facts supporting the residency claim, including dates of presence in South Africa, permanent home details, and personal/economic relations
6. Tax Status Declaration: Statement regarding tax registration status and tax number in South Africa
7. Truth Declaration: Formal statement confirming that all information provided is true and correct
8. Signature Block: Space for signature, date, place of signing, and witness details
1. Foreign Tax Status: Declaration of tax status in other countries, used when the declarant has international tax obligations
2. Employment Details: Information about current employment and business interests, included when relevant to establishing economic ties
3. Family Ties: Details about family connections in South Africa, included when supporting ordinary residence claims
4. Previous Residency History: Historical residency information, used when relevant to establishing pattern of presence
5. Commissioner of Oaths Certification: Section for official certification, required when document needs to be certified
1. Schedule A - Physical Presence Calendar: Detailed calendar showing days present in South Africa over relevant tax years
2. Schedule B - Supporting Documentation List: List of all attached documents supporting the residency claim
3. Appendix 1 - Identity Documentation: Copies of passport, ID, or permanent residence permit
4. Appendix 2 - Proof of Physical Address: Utility bills, lease agreements, or other address verification documents
5. Appendix 3 - Tax Registration Documents: SARS tax registration documents and tax clearance certificates if applicable
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