How to claim for tax on pension moved to UK

Cape Town - To help make the filing process as seamless as possible, Fin24 has joined forces with the SA Institute of Tax Professionals (SAIT), to answer users' tax questions as far as possible. In the next question a Fin24 user wants to know how to claim for tax on a private pension transferred to the UK.

The user writes: I receive a South African private pension that I transfer to the UK. I hold non-resident status but for some reason this is still taxed in SA before being transferred into to my UK account.

During the 2014/15 SARS were overpaid by the pension administrator, due to a directive issued by SARS. Towards the end of the tax year the directive was then revoked by SARS and the administrator has now issued a letter stating this, explaining I should forward the letter on to SARS to claim a refund.
My problem is that being a non-resident I no longer complete an annual tax return. Emailing SARS has proven unsuccessful and for some reason they are reluctant to recognise the dual taxation agreement that is in place between both SARS and HMRC (Her Majesty's Revenue and Customs) in the UK.

My question is what is the correct form to complete to claim this refund and is this available to download from the SARS website?

Piet Nel, SA Institute of Tax Professionals responds:

The correct form to use is the RST02.  It can be found at the following link: Application by Non-Resident for a Directive for Relief from South African Tax for Pension and Annuities in terms of a Double Taxation Agreement

* Have a question? Send it to us and we will find an expert to answer.

Please note: The important deadline dates in the 2015 tax season are:

September 30 2015: Manual/postal submissions
November 27 2015: At a SARS branch (non-provisional)
November 27 2015: eFiling (non-provisional)
January 29 2016: Provisional taxpayers via eFiling

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