When you apply for a Tax Compliance Status (TCS) in respect of emigration, you are required to submit the following supporting documents.  

For a new Tax Compliance Status (TCS) application:

• Where the TCS application is for a first time emigrant:
  • Statement of assets and liabilities for the previous three tax years (this should include disclosure of all investments, loan accounts and distributions from local and foreign companies, trusts, etc.)
  • The MP336(b) – ‘Emigration: Application for foreign capital allowance’ that is authenticated by the stamp of the Authorised Dealer (e.g. bank) concerned and the signature of one of its Authorised Officers; or
  • Where the authorised dealer (e.g. bank) informed you not to complete the MP336(b), the authorised dealer must provide a letter stating the reason(s) why the MP336(b) should not be completed.
  • In case where you emigrated without formalising your emigration with South African Reserve Bank (SARB) or have emigrated a very long time ago and as such have no assets and liabilities in South Africa (Nil assets and liabilities declared on the MP336(b)), a Nil Statement of assets and liabilities for the previous three tax years must be submitted.
  • Applicable Power of Attorney where the TCS application is submitted by a person other than the taxpayer.
  • Capital Gains Tax calculation on the deemed disposal of assets on the day before the taxpayer cease to be a resident.
    • This is applicable where amounts are included under listed and unlisted investments as well as other assets (e.g. Kruger Coins).
• Where the applicant is a member of a pension, provident or retirement annuity fund, the following particulars in respect of each fund must be submitted on a separate sheet:
  • Name of fund;
  • Expected lump sum amount to be paid out; and
  • Date of expected payment.
• Where the applicant is a member of a pension, provident or retirement annuity fund, the following particulars in respect of each fund must be submitted on a separate sheet:
  • Name of fund;
  • Expected lump sum amount to be paid out; and
  • Date of expected payment.
• Where the applicant has a South African insurance policy, the following particulars in respect of each South African insurance policy the taxpayer own must be submitted on a separate sheet:
  • Name of insurance company;
  • Address of insurance company;
  • Policy number;
  • Date on which any benefits from the policy are expected; and
  • Particulars of expected future benefits from such policy.
• Where the applicant, wife or minor children are beneficiary of a trust, the following particulars must be submitted on a separate sheet:
  • Name of the trust;
  • Income tax reference number of the trust;
  • Name(s) of the trustee(s);
  • Postal address of the trust;
  • Business address of the trust;
  • Nature of income received from the trust and the annual amount thereof;
  • Date on which you first received income from the trust;
  • Monthly or yearly amount received from the trust.
• Where the applicant, spouse or minor children are the shareholder(s) of a private company or member(s) of a close corporation, the following particulars must be submitted on a separate sheet:
  • Name the private company/close corporation;
  • Income tax reference number of private company/close corporation;
  • Number of shares/percentage of interest;
  • Postal address of private company/close corporation; and
  • Business address of private company/close corporation.
• In case of a family unit, if the spouse wishes to be issued with a separate TCS in order to formalise his/her emigration, then the spouse must do the following:
  • Complete a separate TCR01 – Tax Compliance Request form
  • Submit a certified copy of the final MP336(b) submitted to the authorised dealer (NOT a copy of the MP336(b) submitted by the husband/life partner); and
  • Submit the supporting documents in support of her application. 
    
     Note: The above will not apply where the family unit is emigrating together and the details of the spouse are captured in the TCR01. In this event, the TCS PIN letter for the applicant will include the details of the spouse (that is, names, tax reference number [if applicable] and ID number or passport number).

THE SPECIFIC DOCUMENTS REQUIRED FOR EMIGRATION APPLICATIONS TO DEMONSTRATE THE SOURCE OF CAPITAL

• Loan:
  • Where the parent lends money to the child to invest offshore:
    • Loan agreement; and
    • Bank statement of parent, not older than 3 months.
  • The trust lends money to the trustee or beneficiary to invest offshore:
    • Loan agreement; and
    • Bank statement of trustee or beneficiary, not older than 3 months;
    • Latest Trust Financials;
    •  Bank statement of trust, not older than 3 months; or
    • Trust’s latest share portfolio statement (not older than 3 months). This statement will also include the amount of shares and current market value.
  • The company lends money to a director of the company to invest offshore:
    • Loan agreement between the company and the director;
    • Bank statement of the director, not older than 3 months; and
    • Company’s latest annual financial statements.
• Donation:
  • If the donation is between spouses:
    • A declaration (IT144) ; and
    • Bank statement of donee, not older than 3 months
  • If the donation is not between spouses:
    • A declaration (IT144)
    • Proof (Copy of the receipt) of donations tax paid; and
    • Bank statement of donor and donee, not older than 3 months.
• Inheritance:
  • Letter from the executor of the estate;
  • A copy of the Liquidation & Distribution account; and
  • Bank statement, not older than 3 months.
• Savings / Cash / Bank Account / Fixed Deposits:
  • Bank statement, not older than 3 months; and
  • Proof of source (i.e. where and how the money was obtained).
• Shares:
  • Portfolio statement not older than 3 months. This statement will also include the amount of shares and current market value.
• Sale of property:
  • Original letter of the Conveyancer to confirm the transfer of the property and that the money will be transferred from his/her trust account; or
  • Proof of receipt of the proceeds together with applicant’s bank statement not older than 3 months.
• Royalty Income:
  • Source of royalty income; and
  • Proof of royalty payment.
• Earnings:
  • Where a recurring foreign investment does not exceed R30 000 per annum a copy of a salary slip is needed once a year;
  • The policy number; and
  • It must be noted that the institution (e.g. Sanlam / Old Mutual) will apply on your behalf.
• Distributions from a trust:
  • Resolutions from the Trust making the distributions;
  • Details of the source from the Trust making the distribution;
  • Bank statement of trust, not older than 3 months; or
  • Trust’s latest share portfolio statement (not older than 3 months); this statement will also include the amount of shares and current market value.
  • Copy of trust deed; and
  • Trust’s Annual Financial Statements.
• Other:
  Documentary proof and explanation.
• Where the TCS application is for Emigrant’s remaining Assets (formerly known as “Blocked Funds”):
  • A copy of the Tax Clearance Certificate (TCC) or TCS PIN letter – Emigrant that was previously issued by SARS.
  • A copy of the MP336(b) application previously submitted;
  • Addendum stating the intended amount to be transferred; and
  • A Duly completed Power of Attorney by the taxpayer (only if the application is submitted by the taxpayer’s representative).
  • Taxpayers who already emigrated and who want to transfer ‘Emigrant’s Remaining Assets’ need to request a TCS for FIA via eFiling or at a SARS Branch. When applying for the TCS in respect of FIA, you need to set the ‘Source of capital to be invested‘ to ‘Emigrant’s Remaining Assets’. For more information, see the process for transferring Emigrant’s Remaining Assets (Blocked Funds).

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