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The Act provides for a series of steps to be followed in arriving at the taxpayer's taxable income. The starting point is to determine the taxpayer's gross income [as defined in s 8 (1)]
Gross Income means - the total amount of income, in cash or otherwise, received by or accrued to or in favour of such person from a source within or deemed to be within Zimbabwe during the year of assessment.
Receipts or accruals of a capital nature are generally excluded from gross income. However, certain amounts, irrespective of their nature, are specifically included in the definition of gross income under specific subparagraphs (a) to (s) in (s 8) regardless of whether they might be of a capital nature or not.
The next step to be taken is to arrive at income, which is the result of deducting all receipts and accruals that are exempt from tax under the Act from Gross Income in terms of (s 14) as read with the 3rd Schedule of the Income Tax Act.
Finally, taxable income; is arrived at by deducting all the amounts allowed to be deducted in terms of (s 15) as read with the 4th and the 6th Schedule of the Income Tax Act from income;.
(Taxable capital gains are calculated and taxed separate from other income - See Section I, below)
The steps to be followed in determining taxable income are thus:
Gross Income
Minus Exempt Income
= Income
Minus Deductions
= Taxable Income/Assessed Loss
Zimbabwe Revenue Authority (hereinafter referred to as (ZIMRA).
Exemptions are provided for by Section 14 as read in conjunction with the Third Schedule of the Income Tax Act (Chapter 23:06).Exemptions are classified either by the identity of the recipient or by nature of a receipt and accrual.
Para 10
Amounts accruing by way of interest paid on:
(a) any savings certificate issued in terms of any law;
(b) a sum deposited in the Post Office Savings Bank of Zimbabwe;
(c) any tax reserve certificate issued in terms of the tax Reserve Certificates Act [Chapter 23:10];(d) A
loan raised by the state subject to the condition that interest on the loan shall be exempt from
income tax;
(e) any loan made by the European Investment Bank established by Article 129 of the treaty
establishing the European Economic Community;
(f) any loan to the Zimbabwe Development Bank established by Section 3 of the Zimbabwe
Development Bank Act [Chapter 24:14] made by an institutional shareholder as defined in that Act
who is not ordinarily resident in Zimbabwe;
(g) any so called “agricultural bond” issued by the Agricultural Finance Corporation and a consortium of
commercial banks; and
(h) any bond issued by the Reserve Bank of Zimbabwe on behalf of the National Fuel Investment
Company P/L.
Para 10A.
Any amount accruing by way of interest as defined in the 21st Schedule.
Para 11
Interest received by or accrued to a person who at the time of accrual is not ordinarily resident or does not carry on business in Zimbabwe, is exempt for taxation if it accrues on loans:
(a) made to miners or prospectors and the loan is used by them for mining operations in Zimbabwe;
(b) made to the state or any company wholly owned by the state, and for the purpose of this
subparagraph, loan includes any form of indebtedness known as acceptance or standby credit
facility;
(c) to local authorities;
(d) to statutory corporations, and for the purpose of this subparagraph, loan includes any form of
indebtedness known as acceptance or standby credit facility;
(e) made before the 16th July 1976, to a Building Society.
The above exemptions do not apply where:
i. if the country of ordinary residence of the person receiving the interest will tax the interest
merely because it is exempt from tax in Zimbabwe.
ii. the person, either ordinarily resident or carrying on a trade in Zimbabwe causes such interest
to accrue to a company under his control.
iii. the interest is from a subsidiary company in Zimbabwe to a foreign holding company and
taxable in another country in which Zimbabwean tax is allowable as a credit.
Para 13
Amounts derived from the sale of traditional beer if such beer is sold in terms of the Traditional Beer Act (Chapter 14:24), are exempt from taxation to the extent that such profits are used in the manner in which the person licensed to sell the beer uses them as required by the said Act.
Para 14
An amount paid by the state to an exporter of goods in terms of a scheme for the development of export trade, excluding the amount of any duty refunded in terms of the Customs and Excise Act [Chapter 23:02]
Para 16
The receipts and accruals of a licensed investor from the investment to which his investment licence relates in the year of assessment in which he first commences operations in an export processing zone and in each of the following four years of assessment.
Para 17
The receipts and accruals of an industrial pack developer to the event that they accrue directly from the operations of an industrial park (as defined) in the earlier of the year of assessment in which the industrial park is established or is approved by the Minister and in each of the next four following years.
Para 18
An amount received by way of the sale, disposal or transfer of any duty free certificate issued by the Reserve Bank of Zimbabwe to exporters qualifying for a rebate of duty on imports in terms of Section 128C of the Customs and Excise (General) Regulations 1997.
In terms of Section 14(1) as read with the Third Schedule receipts and accruals of the following organization are exempt.
Para 1:
(a) Local Authorities;
(b) The Reserve Bank of Zimbabwe;
(c) The Zambezi River Authority;
(d) The National Resources Board; and
(e) The Post Office Savings Bank.
Amounts paid to individuals employed by those organisations by way of salaries, wages, allowances, etc from the receipts and accruals of those organisations are not exempt from taxation in the hands of such individuals.
Para 2:
The receipts and accruals of –
(a) agricultural, mining and commercial institutions or societies not operating for the private pecuniary
profit or gain of the members;
(b) Benefit funds;
(c) Building societies;
(d) Clubs, societies, institutes, associations and organizations operated solely for the social welfare,
civic improvement, pleasure, recreation or the advancement or control of any profession or trade
other similar purpose. If such receipts or accruals, whether current or accumulated may not be
divided amongst or credited to the benefit of any member or shareholder other than by way of
remuneration for services rendered;
(e) Ecclesiastical, charitable and educational institutions of a public character;
(f) Employee saving schemes or funds approved by the Commissioner;
(g) Friendly, benefit or medical aid societies;
(h) Funds established by the Treasury in terms of section 30 of the Audit and Exchequer Act [Chapter
22:03];
(i) Pension funds until such date as the Minister may specify by notice 17 of Gazette;
(j) Any statutory corporation which is declared by the Minister by notice 17 the Gazette to be exempt
from income tax. Provided that the Minister may limit any such declarations to such of the statutory
corporation’s receipts and accruals as he may specify in the notice;
(k) Trade unions; and
(l) Trusts of a public character.
Para 3:
The receipts and accruals of:-
(a) Any agency of any government other than the Government of Zimbabwe approved by the Minister
by notice in a statutory instrument;
(b) Any international organization specified in terms of Section 7 of the privileges and immunities Act
which has been approved by the Minister by notice in a statutory instrument [Chapter 3:03];
(c) The organization referred to in the International Finance Organisation Act [Chapter 22:09];
(d) The African Development Bank referred to in the African Development Bank (Membership of
Zimbabwe) Act [Chapter 22:01];
(e) The African Development Fund referred to in the African Development Fund (Zimbabwe) Act
[Chapter 22:02];
(f) Any foreign organization that provides finance for development in Zimbabwe, to the extent that its
receipts and accruals are from a project approved for the purpose of this subparagraph by the
Minister;
(g) Any bank or other financial institution outside Zimbabwe in connection with a loan or other facility
granted to the Reserve Bank of Zimbabwe in terms of paragraph (m) of subsection (1) of Section of
the Reserve Bank of Zimbabwe Act [Chapter 22:10]; and
(h) Any company which has as its principal object the provision of venture capital for development
purposes and which is approved by the Minister by statutory instrument.
General Deduction formula (Section 15(2)(a))
Deductions shall be allowed in respect of expenditure and losses to the extent to which they are incurred for the purposes of trade or in the production of income, except to the extent to which they are expenditure or losses of a capital nature.
Capital Allowances (Section 15(2)(c))
This section allows for the deduction of Capital Allowance in respect of both movable and immovable assets as detailed in the Fourth Schedule.
Lease Premiums (Section 15(2)(d))
An allowance in respect of any premium or consideration for the use of movable and immovable assets, and intellectual property shall be allowed as a deduction.Lease improvements (Section 15(2)(e))An allowance of the value of improvements effected in terms of a lease agreement granting the right of use of land or buildings.
Bad Debts (Section 15(2)(g))
Amounts of bad debts due to a taxpayer that became bad during the year of assessment is deductible provided that the amount was included in the taxpayer’s income in either the current or any previous year of assessment.
Expenses on Experiments and Research (Section 15(2)(m))
This section allows for the deduction of expenditure incurred in respect of experiments and research related to the trade of the taxpayer during the year of assessment. The research must be carried out by the taxpayer and payment to another is not sufficient unless the taxpayer has full control and direction of the research.
Grants, Scholarships or Bursaries (Section 15(2)(p))
Any sum contributed by the taxpayer during the year of assessment in the form of a grant, bursary or scholarship to enable any person not connected with the taxpayer to take a course of technical education related to the trade of such taxpayer at any educational institution is deductible.
Annuity, Allowance or Pension (Section 15(2)(q))
This section provides for the deduction of annuities, allowances and pensions paid to former employees or partners who have retired and also to dependants of deceased former employees or partners.
Donations to certain funds or charitable trust (Section 15(2)(r))
This section provides for the deduction of amounts donated to the National Scholarship fund or the National Bursary Fund which are set up through an Act of Parliament or to a charitable trust administered by the Minister of Health or Social Welfare.
Export Market Development Expenditure (Section 15(2)(gg))
A deduction is allowed of any export-market development expenditure incurred by the taxpayer during the year of assessment.
The section dealing with branch profit tax was repealed by section 12 of Act 29 of 1998 with effect from 1st January 1999.However, tax is payable at the rate of 20% on remittances to headquarters by Zimbabwean branches of foreign corporations in respect of foreign expenses allocated to the branch operation.
14(2)(c) Taxable Income of a company or Trust 25%
14(2)(d) Taxable Income of Pension Fund from Trade or Investment 15%
(Paragraph 2 (i) of the 3rd Schedule exempts the taxability of pension funds at the moment. This exemption will last until such date as the Minister may specify that such income is now taxable, by notice in the Government Gazette).
14(2)(e) Taxable Income of a licensed investor (After the 5th year of operation) 15%
14(2)(f) Taxable Income of holder of a special mining lease. 15%
14(2)(f1) Taxable Income of company or trust derived from mining operations. 25%
14(2)(g) Taxable Income of a person engaged in approved Boot arrangement :-
Same as for bodies corporate. In addition section 14 as read with the 3rd Schedule of the Income Tax Act (Chapter 23:06)) provides for an exemption in respect of:
Section 7 (b) read with S 14(2)(b) of the Finance Act (Chapter 23:04)
Taxable Income of individual from trade or investment 25%
Other rates, please see rates for bodies corporate above.
Section 7 (b) read with S 14(5) of the Finance Act (Chapter 23:04)
Tax Table Per Month (US$)
|
Taxable Income (US$)
|
Tax Rate (%)
|
|
0 to 160
|
0
|
|
161 to 500
|
20
|
|
501 to 1000
|
25
|
|
1001 to 1500
|
30
|
|
1501 and above
|
35
|
The following credits are applicable to individuals:
a. Disabled persons credit of US$900 p.a.
b. Blind persons credit of US$900 p.a.
c. Medical expenses credit of 50% of cost of medical expenses and contributions. There is no limit on
the amount claimed as a credit.
Credits are deducted from the income tax with which a person is chargeable in terms of Section 5 of the Finance Act (Chapter 23:04).
Any advantage or benefit in respect of employment is included in an employees gross income in terms of the definition of gross income whether paid in cash or in kind.
Specific provisions provide the basis of arriving at the value that must be placed upon each benefit. The major valuation methods are value to the employee or cost to the employer.Benefits that constitute taxable free benefits include:
i. Asset acquired at less than actual/market value
ii. Right to use of an asset (other than a motor vehicle or residential accommodation)
iii.An allowance.
A taxable benefit arises whenever an employee is granted the use of an asset either free of charge or for consideration which is lower than the open market value of the asset.
|
Deemed Benefit (US$)
|
Engine Capacity
|
|
1 800
|
Up to 1500 cc
|
|
2 400
|
1 501 cc to 2 000 cc
|
|
3 600
|
2 001 cc to 3 000 cc
|
|
4 800
|
Exceeding 3000 cc
|
“Mining operations” is defined in Section 2 of the Act as:
(i) any operation for the direct mining of minerals form the earth; and
(ii) any operation for the winning a mineral from any substance carried;
(iii) on in conjunction with the direct operations referred to in (i) above; and
(iv) operation for the winning a mineral from any substance or constituent of the earth.
Section 8 (1).
Income from mining operations by a company or trust is 25% . Mining operators enjoy special allowances detailed in the 5th Schedule and section 15(2)(f).
Section 15 (2)(f).
i. In lieu of capital allowances, lease premiums, lease improvements and pre production expenses, a deduction is allowed in respect of allowances detailed in the 5th Schedule provided that such allowances are claimable in respect of expenditure or losses attributable to particular mining locations.
3 (1) (a)
A company which works a mine which is not its property is entitled to deduct, for each year of assessment, an allowance based the estimated life of the mine or the period of the tribute whichever is lesser as fixed by the Commissioner.
PAYMENT PERIODS - Section 71.
The Commissioner is empowered to fix the date, time and place where tax is to be paid, failure of which, interest is chargeable at a specified rate.
Section 72
Taxpayers whose taxable income has not been subject to employees tax in terms of the 13th Schedule, shall be liable to pay provisional tax on that amount in three installments. The provisional installments called Qurterly payment dates (QPDs) are paid as follows:
(a) 1st QPD, 10% of the provisional tax payable, to be paid on or before 25th March of therelevant year of assessment;
(b) 2nd QPD, 25% of the provisional tax payable, to be paid on or before 25th Juneof the relevant year of assessment;
(c) 3rdQPD, 30% of the provisional tax payable, to be paid on or before 25th Septemberof the relevant year of assessment and
(d) 4th and lastQPD, 35% of the provisional tax payable, to be paid on or before 20th of Decemberof the relevant year of assessment.
The Commissioner may, by written notice prescribe different dates from those specified above.
Section 73 read with the 13th Schedule.
Paragraph 3 (1).
Every employer who or becomes liable to pay remuneration to an employee shall withhold from that amount employees tax (PAYE) and shall pay the withheld amount to the Commissioner within 15 days or any extended period not exceeding 21 days after the end of the month during which the amount was withheld.
Paragraph 20A
The Commissioner may direct any employer to deduct employees tax from the remuneration of his employees in such a way that the amount so withheld in any one year is equal or nearly equal to the income tax payable by the employees in that particular year of assessment.
Section 71(2)
Where tax is not paid on or before the date fixed by the Commissioner, interest calculated at 35% per annum shall be payable on the tax or installment of the tax that remain unpaid during the period from the date fixed up to the time when the tax is fully paid.
Section 46.
The penalty for an offence under this section is an amount equal to double the normal tax applicable to the default or omission.
Section 81
The penalty for offences under this section are a fine not exceeding $XXXX or an imprisonment term for a period not exceeding 3 months.
Section 82
Penalties under this section amount to a fine of $XXXX or a jail period not exceeding 6 months or to both such fine and jail term.
Section 83
People previously convicted under sections 81 and 82 the penalty shall be, in addition to any punishment be liable to a fine not exceeding $500.00 a day for each day that he is in default or to imprisonment for a period not exceeding 12 months.
Section 84
Penalty same as section 81 except for the imprisonment which is for a period not exceeding 12 months.
Section 85
A fine not exceeding $XXX or imprisonment for a period not exceeding 18 months or both.
Section 86
A fine not exceeding $XXXX or jail term not exceeding 3 years or both.
9th Schedule paragraph 6.
100% of such non-resident shareholders tax.
13th Schedule paragraph 22
A fine not exceeding $XXXX or a jail term not exceeding 6 months or both.
Paragraph 23
A fine not exceeding $XXX for each day that he is in default or to imprisonment for a period not exceeding 12 months.
The Commissioner may reduce the penalty as he sees fit, if he is satisfied that failure to pay was not motivated by intention to evade tax.
Section 11.
(a) Expenditure incurred in the acquisition or construction of the specified asset and on improvements
additions or alterations of these assets;
(b) 30% inflation allowance is allowed on the costs of acquisition or construction, additions,
improvement or alterations of the specified assets;
(c) Expenditure directly incurred in connection with the sale of the specified asset;
(d) Bad debts if amount was included in the current year of assessment or was included in any
previous year of assessment in the taxpayers capital amount;
(e) Costs incurred and taxed by the Registrars in connection with an appeal to the High Court or
Supreme Court;
(f) If amount of capital gain is $XXXX or less then an amount equal to that total amount is deductible;
(g) From the amount of the capital amount remaining after deducting the above deductions these shall
be deducted an assessed capital loss carried forward from the previous year;
Section 11 of the Capital Gains Tax Act Chapter 23.01
(h) Expenditure incurred in the acquisition or construction of the specified asset and on improvements
additions or alterations of the said the specified asset.
(i) 30% inflation allowance is allowed on the costs of acquisition or construction, additions,
improvement or alterations of the specified assets.
(j) Expenditure directly incurred in connection with the sale of the specified asset.
(k) Bad debts if amount was included in the current year of assessment or was included in any
previous year of assessment in the Taxpayers capital amount.
(l) Costs incurred and taxed by the Registrars in connection with an appeal to the High Court or
Supreme Court.
(m)If amount of capital gain is $XXX or less then an amount equal to that total amount is deductible.
(n) From the amount of the capital amount remaining after deducting the above deductions these shall
be deducted an assessed capital loss carried from forward from the previous year.
a. Tobacco levy: 11/2% of the selling price of the auctioned tobacco to both the seller and buyer.
b. Automated Financial Transactions Tax: $XXX for each transaction for which tax is payable.
c. Informal Traders Tax: 10% of each dollar of the rent upon which the tax is chargeable.
d. Demutualisation levy: 21/2% of the amount on which the levy is payable.
e. Banking Institution levy: 5% of each dollar of the net profit upon which the tax is chargeable.
f. Carbon Tax:
1. $XXXX in the case of a motor vehicle whose engine capacity does not exceed 1500cc;
2. $XXXX in the case of a motor vehicle whose engine capacity exceeds 1500cc but does not exceed
2000cc.
3. $XXXX in the case of a motor vehicle whose engine capacity exceeds 2000cc but does not exceed
3000cc.
4. $XXXX in the case of a motor vehicle whose engine capacity exceeds 3000cc.
Comprehensive agreements for the avoidance of double taxation on the same Income are in force with -
United Kingdom
Sweden
Netherlands
Norway
South Africa
Bulgaria
Federal Republic of Germany
Germany Democratic Republic
Mauritius
Canada
Poland
France
Malaysia
Section 93 provides for relief from double taxation where no Double Taxation Agreements exist