Professional Documents
Culture Documents
Introduction
Syllabus
Recent Amendments
Taxation of Farmers
-
Prohibited Deductions
Special Initial
Wear and Tear
Scrapping
Growth Point Investment
Recoupments
Special Deductions
Valuation of Stock
Drought Sales and Restocking
Sales due to Land Acquisitions
Taxation of Miners
-
Prospecting Expenditure
Capital Redemption Allowances
Sale of Mining Claims
10
Specified Assets
Exemptions
Deductions
Suspensive Sales and Roll Overs
Withholding Taxes & Tax on Shares
Deceased Estates
11
Tax Planning
12
Practice Questions
1.
INTRODUCTION
The Advanced Taxation module has been prepared to meet the requirements of the
UNISA B Compt Honours degree. The study pack contains summaries of the
relevant tax legislation and practical tax questions.
The professional accountant is normally expected to understand taxation legislation,
to interpret it, and to be able to give professional advice in the business world. The
taxation questions in the examination require candidates to demonstrate awareness
of current taxation practices as well as ability to derive important facts and figures
from given sets data. The taxation syllabus is fairly wide, and candidates must be
well prepared, as an approach based on spotting can be an expensive exercise in
self-deception.
It is possible to score high marks in tax examination questions. In order to score
these high marks, one needs to demonstrate their tax knowledge, appropriate
interpretation, application and production of well crafted solutions presented in a
professionally acceptable format.
Examination technique, approach, clarity of
expression and readable presentations are important aspects, which should not be
ignored.
Best wishes, and may you succeed in your endeavours.
2.
SYLLABUS
The following statutes embrace the main areas of the tax law and practice syllabus in
Zimbabwe. The provisions of the statutes are augmented, expanded and explained
in detail in legal precedents embodied in the South African Tax Cases Reports.
STATUTES
Although the statutes mentioned above are the main sources of tax legislation in
Zimbabwe, legal precedents (case law) form an integral part of tax law and practice
in Zimbabwe. The case summaries contain some useful analogies, interpretations
and clarifications.
4 000
25
1 000
1 544
8 001
12
000
12 001 and
above
4 000
30
1 200
2 744
35
4 000
2 000
25
500
760
4 001
6 000
6 001 and
above
2 000
30
35
600
1 360
With effect from 1 November 2009, a bonus tax free threshold of US$400 per
annum will be applicable.
The tax free threshold is further increased to US$500 per annum with effect
from 1 November 2010.
RETRENCHMENT PACKAGES
With effect from 1st January 2010, the tax-free portion of a retrenchment
package is pegged at the greater of US$5,000 or one third of the retrenchment
package provided it does not exceed US$15,000.
PENSION CONTRIBUTIONS
With effect from 1st January 2010, the monthly maximum amount allowable for
employer and employee pension fund contributions is US$450 per month.
TAX RATES
The age for eligibility for the elderly persons credit is reduced from 59 years
to 55 years with effect from 1 January 2010.
%
14(2)(b)
25
14(2)(d)
15
14(2)(e)
25
14(2)(f)
14(2)(g)
25
14(2)(h)
14(2)(i)
14(2)(j)
15
15
25
14(3)
20
20
The rate of income tax that generally applies to companies is 25% of taxable
income and an AIDS levy of 3% of tax payable, giving an effective rate of
25.75%.
MOTOR VEHICLE BENEFITS
With effect from 1st January 2010, the deemed motoring benefit is revised as
follows:Engine Capacity
2010
US$
1 500cc or less
1 501cc to 2 000cc
2 000cc to 3 000cc
Above 3 000cc
SIA will be limited to 50% of the cost of fiscalised electronic registers, the other
50% is allowed as VAT input. The 14th Schedule, capital allowances in growth
point areas is repealed with effect from 1 September 2010.
CONTRIBUTIONS TO SCIENTIFIC AND EDUCATIONAL SOCIETY
With effect from 1 January 2010, the double deduction on contributions to a
scientific and educational society or institution is removed and only the actual
amount contributed is allowed.
PROVISIONS FOR DOUBTFUL DEBTS
With effect from 1 January 2010, the provision for the deduction
debts is repealed.
The allowance for actual bad debts incurred is still claimable.
of doubtful
With effect from 1 January 2010, R.S.T. is payable by the 10th day of the month
following date of distribution.
NON-RESIDENT SHAREHOLDERS TAX [N.R.S.T.]
The rates of non-resident shareholders tax on dividends paid by Zimbabwean
resident companies non resident shareholders are reduced as follows with
effect from 1 January 2010: Payable by companies listed on the Zimbabwe Stock Exchange, from
15% to 10%
Payable by non listed entities, from 20% to 15%.
With effect from 1 January 2010, N.S.R.T. is payable by 10th day of the month
following date of distribution.
RESIDENTS TAX ON INTEREST (R.T.I.)
With effect from 1 January 2010, residents tax on Interest has been reduced
from 20% to 15%.
With effect from 1 January 2010, RTI is payable by the 10th day of the month
following date of payment.
NON-RESIDENTS TAX ON INTEREST (NRTI)
The 10% NRTI was repealed with effect from 1st August 2009.
10
Current fees
US$
200
400
650
Proposed fees
US$
175
300
450
Metal fabrication
11
4.6
12
Revenue Head
Vat
Presumptive tax
Small Scale Miners
Proposed
Payment
Date
5th day of the following 10th day of the following
month.
month
20th day of the following 10th day of the following
month in which payment month
was made.
13
Residents tax on
interest
Tobacco Levy
Automated
Financial
Transactions Tax
Informal Traders
Presumptive tax
Intermediated
money transfer tax
Non-Executive
Directors Fees
Property for
Insurance omission
Tax
4.7
ESTATE DUTY
Estate duty is chargeable on the net value of a deceased persons estate. The
applicable rates vary on a sliding scale from 1.02% per $100 or part thereof,
up to a maximum of 5% where the dutiable amount is USD$50,000 or above.
EXEMPTIONS
14
Where there is a surviving spouse or minor child the value of a family home as
defined is not subject to estate duty.
Transfer duty is not chargeable where a property is transferred to a beneficiary
who is a spouse or blood-relative or adopted child of the deceased or to a
trustee.
Donations may be exempt if they were made 5 years or more prior to death.
Payments from policies specifically taken out to pay estate duty are not
taxable only to the extent of the duty payable.
STAMP DUTY
Stamp duty is imposed on bonds, brokers notes, cheques, policies of
insurance and registration in a Deeds Registry on the acquisition of
immovable property.
CUSTOMS DUTY
Customs duty is levied on all goods imported. The effective rates of duty
range from 0% to 100%.Import tax is levied on most goods at the VAT
standard rate of 15%. In general, Zimbabwe imposes restrictions on the
importations of a range of goods which require import permits or licences e.g.
agricultural products and explosives.
CONVERSION OF SPECIFIED AMOUNTS INTO FOREIGN
CURRENCY
Description of Item
Proposed
amounts
allowable
annually
(US$)
1.
Arrear pension contributions: as a deduction
1 800
500
Annuity, allowance or pension paid to former employee
200
Annuity, allowance of pension paid to former partner
Annuity, allowance or pension paid to a dependent of a former
employee or partner
200
2.
50 000
3.
50 000
4.
5.
15
500
50 000
6.
7.1
0.50
7.2
0.50
10.
11.
12.
1 800
10 000
150
10 000
and Expenditure
incurred
10 000
works or
10 000
4 000
1 500
5 400
14.3
5 400
15.
150
16.
600
17.
480
18.
19.
20.
21
16
6 000
100
1 800
50
of Statutory Proposed
Proposed Statutory Rate
Interest
Threshold where
Rate
no interest is
Charged (US$)
$100
$100
17
5.
ADMINISTRATIVE FRAMEWORK
(All references to sections and schedules in this section are in relation to the
Income Tax Act [Chapter 23:06]).
5.1.1 Administration
The administration of all taxation (Value Added Tax, Capital Gains Tax,
Income Tax, e.t.c) now fall under the responsibility of the National
Revenue Authority of Zimbabwe (ZIMRA), which Authority came into being
with effect from 19 January 2001. The Commissioner-General of Taxes is
vested with the power and responsibility of administering the tax statutes.
He does this through regional offices and ports established across the
country.
5.1.2 Returns and Assessments
Every year, three to four months after the end of a tax year the
Commissioner publishes a notice in the most commonly read press inviting
taxpayers to obtain tax returns from their nearest tax office; truthfully
complete them and return them to the respective offices for assessment.
Although Tax Offices may post some tax returns to taxpayers (on their
records), the duty to obtain a tax return rests with each individual taxpayer
who falls within the specifications outlined in The Commissioners public
notice. Tax returns for the year ended 31 December 2010 will be due by
30 April 2011.
Self assessment legislation was introduced with effect from 1 January
2007. Taxpayers, so specified by the Commissioner General as being
those registered or required to have registered under Category C for
Value Added Tax (VAT) in terms of the VAT Act as at 31st December 2007
and thereafter or registered under the Banking Act or registered under the
Insurance Act, are required to furnish self assessment returns within four
months from the end of the tax year. Employees paying PAYE under the
FDS are not liable to furnish self assessment returns unless specifically
requested to do so. Under the self assessment legislation, the return will
constitute an assessment on either the due date of furnishing the return or
on the date that it is actually furnished.
Notwithstanding the lodgment of the self assessment return, the
Commissioner General is still empowered to raise an assessment where
he has justifiable reasons for doing so.
All employers have been placed on the Final Deduction System (FDS).
Under the FDS, any employee who receives employment income only (i.e.
has no source of income other than remuneration), does not need to
submit a tax return. The employer is responsible for deducting the correct
amount of PAYE for the year, and no further return needs to be made to
the tax department by the employee.
The Commissioner of Taxes is empowered to estimate any taxpayers
taxable income if one fails to submit a return. In addition to the tax
payable the Commissioner is also empowered to impose penalties for any
18
default. These penalties are 100% of the basic tax chargeable. Section
46 outlines some grounds for penalties.
It is a legal requirement for Pay As You Earn (P.A.Y.E.) to be deducted
from all emoluments payable to employees on a monthly basis. The
P.A.Y.E. withheld has to be remitted to the Commissioner within 15 days
from the end of the month to which such P.A.Y.E. refers. The penalty for
late payment of PAYE is 100% of the tax payable, and interest is also
charged on late payment at a rate prescribed by statutory instrument. (See
sections 73 and 74 as read together with schedule 13.)
Taxpayers who are not employees, but are in receipt of other income, (e.g.
sole traders, consultants and companies), are required to be on Quarterly
Payment Dates (Section 72). Under this scheme the taxpayers pay their
estimated tax liabilities, for the current tax year in which they are trading, in
four instalments on dates allocated throughout the year, as follows:
25 March
25 June
25 September
20 December
19
Gross Income
(section 8)
(section 14 and 3rd schedule)
less Exemptions
Income
Taxable Income
20
21
The following quotations are from celebrated tax cases on source of income :(a)
Lord Atkin, Privy Council, UK :- in Rhodesia Metals (in liquidation) v COT :. As a hard matter of fact the only proper conclusion appears to
be that the company received the sum in question from a source
within the territory (Rhodesia), viz the claims they had acquired
and developed there for the very purpose of obtaining the
particular receipt.
. Source means .. not a legal concept but something which the
practical man would regard as the real originating cause of the
income..
(b)
AD 441 :-
The following are some important legal precedents :Directors fees - ITC 235 (1932) 6 SATC 262 :- It is quite clear that the
directors fees are derived from the fact that the appellant is a director of
the company, and therefore must be assumed to have earned the fees at
the headquarters of the company. It is there only that he can make his
voice heard as a director.
Interest - .. Provision of credit is the originating cause hence the place
where exercised is the source . This was the majority
decision in CIR v Lever Bros and Unilever Ltd 1946, 14 SATC1.
Sale of mineral rights/immovable property - Some mining claims were
bought and sold in the Territory in a profit making scheme .. source is
the Territory . (where the immovable property was situated).
International Trade - Transvaal Association Hide & Skin Merchants v
COT Botswana Court of Appeal (May 1962 SATC 97). Company bought
hides from a Botswana Abattoir via Botswana subsidiary, treated them with
salt and bound them into bales in Botswana. The company headquarters
in Johannesburg marketed the hides and gave delivery instructions to the
Botswana subsidiary to deliver direct to customers, whether in Botswana
or outside Botswana.
22
The decision was that there was two activities :- curing and marketing.
Curing was the dominant activity, hence the source was deemed to be
Botswana. However, it appears from ITC 1103 (1967) 29 SATC 35, that it
is possible for the source of income to be found partly in one country and
partly in another. (See Hill textbook for details of this case.)
Gains on Stock Market - CIR v Black 1957 (3) SA 536 (A) 21 SATC 244.
Important factors identified in this case were the employment of capital and
the undertaking of business. It was ruled that the dominant factor was the
carrying on of transactions hence the source was deemed to be London,
where shares were bought and sold ., though under instruction from
South Africa.
23
25.00
0.75
_____
Tax liability
25.75
_____
Individuals
Tax rates on taxable income
Less credits
$
$
__
Less :
PAYE
Double taxation relief
Any applicable tax withheld
in advance
$
$
$
__
$
__
Payable/(Refund)
24
Please take care and internalise the chronology of the above steps and make sure you
follow them exactly. A lot of students have come short because they rewrote the law
relating to the above steps.
25
NB :- All amounts received after the expiry of the N years are taxable
in full.
26
Engine Capacity
Deemed monthly
benefit
up
to
1 500cc
150
1 501
to
2 000cc
200
2 001
to
3 000cc
300
3 001
and
above
400
27
Definition
A premium
Or like consideration
Or consideration in the nature of a premium
Paid for
Taxation(Income)
Tax in full in the year of accrual
28
Deduction (Expense)
Yearly allowance:- premium
divided by period of lease,
or 10 years, whichever lesser.
Notes :
(a)
(b)
(c)
(d)
(e)
The characteristics of a premium were laid out in the tax case : CIR v
Butcher Bros (Pty) (1945) 13 SATC 21 as follows :consideration must have an ascertainable money value
must pass from lessee to lessor
whether in cash or otherwise
distinct from and in addition to, or in lieu of rent.
(f)
(ii)
The lessor can claim SIA or wear and tear on the full cost of
the assets purchased for leasing, under both financial and
29
(iv)
(v)
(vi)
30
5.2.5.2
Lease Improvements
Definition
An obligation to
effect improvements
31
Notes :
(a)
32
Question:
Tourism P/L entered into a lease agreement with the Masvingo Municipality effective
from 1st July 2010. The agreement in part stated that the lease was for a piece of
land in Masvingo extending to 5 acres. The lease would commence on 1st July 2010
and would be for a period of 99 years. The lessee was obliged to erect a hotel
building to the value of not less than $2 000 000. The lessee was also obliged to pay
a premium of $50 000 up front and monthly rentals of $10 000 until the end of the
lease.
On the piece of land let there was a municipal hostel which Tourism used as a
boarding house for its benefit until the completion of construction of the hotel, when
the hostel building was to be demolished. Construction of the hotel commenced on
15th July 2010. In April 2011 when $1 500 000 had been expended on the
construction Tourism approached the Masvingo municipality with a proposal to change
the building clause from $2 000 000 to $5 000 000. The municipality concurred and
the hotel was completed in September 2011 at a total cost of $5 200 000. The hotel
opened for business with effect from 1st October 2011.
Required:
Set out the income tax deductions available to Tourism (Pvt) Ltd for the tax years
ended
31st December 2010 and 31st December 2011.
Suggested solution:
Tourism (Pvt)Ltd
Income Tax Deductions for 2010 and 2011 tax years
US$
2010 tax year:
Lease premium : (50 000 / 120) * 6 months
2 500
60 000
Lease improvements :
nil
33
____________________________________________________________________
_
2011 tax year :
Lease premiums : (50 0000 / 120) * 12 months
Rent : 10 0000 * 12 months
5 000
120 000
13 000
____________________________________________________________________
Notes :
Dividing by 120 is simply establishing the monthly allowance over 10 years.
$5 200 000 is accepted by the Commissioner for allowance calculation purposes
because the variation to building clause was entered into before completion of
construction.
5.2.6 Hire purchase and credit sales in general
Section 17 and section 18 of the Income Tax Act outline the basis of taxation of
amounts accruing under hire purchase and under credit sales. Under these
agreements the full amount of sale is receivable in instalments, which may
stretch into years. For tax purposes the full sale price is deemed to accrue on
the date of signing of the sale agreement. This would mean that taxpayers are
taxable on amounts not yet received.
However, sections 17 and 18 provide deductions which enable taxpayers to be
taxable on profit which relate to amounts which have become due and payable
in each tax year. A calculation of the profit relating to amounts which are not yet
due is made and deducted. This amount is added back to gross income in the
subsequent year when a fresh calculation is then made.
In the case of hire purchase sales (section 17) the calculation is made in
accordance with the following formula :
D * (E - F+G)
_____________
E
In which :
D = represents that portion of the amount accrued which is not due
or receivable at the end of the current accounting year/(tax
year).
E=
F=
34
5.3
EXEMPTIONS
Section 14 as read together with the third schedule outlines receipts and
accruals which are exempt from taxation. Please refer to the schedule and the
Students Guide to Tax in Zimbabwe book for detailed reading.
It is important to be familiar with the following :- Receipts of statutory corporations such as the Reserve Bank and POSB
are not taxable.
- The emoluments of the President, and any allowances paid to a spouse
of a President or a Vice President for duties performed on behalf of the
State.
- allowances to civil servants.
- bonus not exceeding 10% of ones remuneration or $400 (with effect
from 01/11/09) whichever is lesser.
- bank interest.
- the first $5 000 or one third of approved retrenchment package
whichever greater, subject to a maximum exemption of $15 000.
- value of medical treatment and medical contributions paid by the
employer etc.
Please refer to the Third Schedule for more details.
35
5.4
36
(i)
(ii)
(iii)
(iv)
(v)
Expenditure and losses does not refer to net loss as reflected in the Profit
& Loss Account of the taxpayer. Is not limited to cash outlays but would
include losses such as pilferage (theft), breakages, destruction etc.
To the extent to which gives room for apportionment. Where expenditure
and losses are incurred partly for business and partly for private or partly
capital and partly revenue, apportionment arises. The apportionment must
be fair and reasonable.
Incurred means that there is a legal liability to pay. Such expenditure is
deductible from income even if payment occurs only at some later date.
For the purposes of trade means for the purposes of enabling a person to
carry on and earn profits in the trade. The ordinarily recurrent expenses of
business, such as trading licence fees, audit fees, rates, secretarial fees,
insurance premiums, business subscriptions and advertising costs will
usually pass the test. Expenditure for the purposes of trade may be
categorised in 2 ways:
Designed expenditure is money voluntarily and designedly spent by
the taxpayer for the purpose of this trade.
Fortuitous expenditure is money involuntarily spent because of
some mischance or misfortune, which has overtaken the taxpayer.
A deduction is not allowable where the expenditure, which though
arising out of the manner in which a taxpayer conducts his trade,
falls upon him in his capacity as a law-breaker rather than as a
businessman, e.g. traffic fines, customs fines or parking fines.
Capital Nature In the same way as accruals of a capital nature are
generally not subject to income tax, expenditure and losses to the extent
that they are of a capital nature are not deductible from income. In trying
to draw a distinction between revenue and capital expenditure Judge Innes
CJ brought up the following valuable dictum in C.I.R. v. George Forest
Timber Co. Ltd. 1 S.A.T.C. 20:
Money spent in creating or acquiring an income-producing concern must
be capital expenditure. It was invested to yield future profit and while the
outlay did not recur, the income did. There was a great difference
between money spent in creating or acquiring a source of profit, and
money spent in working it. The one was capital expenditure, the other was
not...
Revenue Expenditure is the cost of performing the income earning
operations and costs of merely maintaining the operating income earning
structure. Expenses which are necessary for the performance of the
business operation, or expenses which are attached to the performance of
the business operation by chance or expenses which are in good faith
incurred for the more efficient performance of such business operations,
are all deductible provided they are so closely connected with the
performance of the business operation that it would be proper, natural or
reasonable to regard them as part of the cost of performing the operation.
Section 15(2)(b) Repairs to articles, implements, machinery and
utensils used, and to property occupied for the purpose of trade and
repairs resulting from the letting of property.
Repair is restoration by renewal or replacement of subsidiary parts of the
whole i.e. restoring an asset to its original state at the time it was first
owned by the taxpayer. It is not necessary, however that the materials
used should be identical with the materials replaced. Repairs are to be
37
38
C.
39
40
41
any allowance granted is brought back into income in the following tax
year.
5.5
42
xxxx
xxxx
xxxx
Gross Profit x 100
Gross HP sales
xxxx
Variation where there are bad and doubtful debts forming part of both instalment
debtors receivable and not yet receivable:
43
Allow bad and doubtful debts (subject to normal tests) on both instalment
debtors receivable and not receivable under section 15 (2) (g)(i) and (ii) in the
profit and loss account; and
Then calculate the allowance as follows:
Gross HP sales
xxxxxx
Less: Cost of sales
Gross profit
Less: Section 17 allowances:
Instalments not yet receivable
Less: Bad debts forming part thereof xxxx
Doubtful thereof
xxxxxx
xxxxxx
xxxxxx
xxxxxx
xxxx
xxxxxx
Xxxxxx @ GP%
Taxable income
xxxxxx
xxxxxx
Note:
When gross profit percentage is determined in the trading account, the cost of sales
will have been allowed. Thus by allowing for the profit relating to, instalment not
receivable by the year end, the instalments receivable is taxed.
a) The allowance granted in one year must be included in the taxpayers income in
the following year. Treatment is similar to that of doubtful debts.
b) If the agreement is ceded or otherwise disposed of for valuable consideration
then the allowance ceases in such year of session etc.
c) The allowance for credit sales in section 18 is calculated in a similar manner.
Example 1
Gross H/P Sales during the year
600,000
Cost of sales
Outstanding H/P debtors at end of year
400,000
450,000
Solution:
Gross H/P Sales during the year
600,000
Cost of sales
450,000
150,000
.
. . Gross profit % = Gross profit x 100
Gross Sales
.
. . Section 17 allowance [$400,000 x 25%]
Taxable income
44
100,000
50,000
Example 2
Suppose the outstanding debtors of $400,000 included doubtful debts of $20,000
which is for specific debtors what effect would this have on your taxable income.
Solution:
Gross H/P Sales during the year
600,000
Cost of sales
450,000
150,000
.
. . Gross profit % = Gross profit x 100
Gross Sales
150,000 x 100
600,000
= 25%
.
. . Section 17 allowance [($400,000 20,000) x 25%
Doubtful debts
Taxable income
35,000
Example 3
Gross H/P Sales Year 1
800,000
Cost of sales
Outstanding H/P debtors at year 1
20,000
95,000
115,000
500,000
450,000
Calculate taxable income after allowing section17 allowance. The allowance under
this section in the previous year was $100,000.
Solution:
Gross H/P/ Sales during the year
800,000
Cost of sales
500,000
300,000
100,000
400,000
.
. . Gross profit % = Gross profit x 100
Gross Sales
300,000 x 100
800,000
= 37%
.
. . Section 17 allowance [$450,000 x 37%]
168,750
Taxable income
45
321,250
(a)
(b)
i.e. Instalments not yet due and payable x (Selling price Cost of sales)
Selling price
Section 18 - CREDIT SALES
This section relates to the taxation of income accruing from sales made on credit
with the price being paid in instalments. It removes the doubt of the date of accrual
of such income by bringing the full selling price to account at the date of the
agreement.
Proviso (i) enables the Commissioner to make any allowance that he considers
reasonable. The allowance to be granted will be the same as that given in respect of
movables sold under hire purchase agreements.
Proviso (ii) ensures that the allowance granted is brought in as income in the
following year of assessment.
46
5.6
Special initial
Wear and tear
Scrapping
Training Investment
Allowable Cost
10 000
10 000
Schools/clinics
Tax Year
Allowable Cost
$10,000
$10,000
NOTE
47
(i)
Allowable
Actual cost
Cost
$10,000
$25 000
$10,000
$25 000
2010
From 1 January 2010 to 31 December
2011
It should be noted that if the cost of staff housing exceeds $25,000 then no
allowances are granted.
5.6.1 Special Initial Allowance (S.I.A) - paragraph 2 of 4th schedule
- With effect from 1 January 2010, SIA is 25% of cost followed by 25%
accelerated wear and tear allowance for the following 3 years (was
50% followed by 25% accelerated wear and tear for the following 2
years).
- taxpayer must make an election for it to be granted
- it is claimable on capital expenditure incurred on the
(a)
(b)
(c)
48
line
except
for
Where S.I.A. has been granted in the first year of use, then
accelerated wear and tear (at 25% on cost) is granted in the
subsequent three years.
5.6.6 Recoupments
Training Investment and Growth Point Investment Allowances are not
subject to recoupment.
Recoupments arise when assets which were being used for business are
sold for proceeds in excess of the income tax value. The formulae for
calculating recoupment are as follows:(i)
49
(ii)
Proceeds
(iv)
Recoupments are generally set off against capital allowances for all other
businesses except miners. For miners the recoupment established is first
set off against the unredeemed capital expenditure before calculation of
the years redemption allowances.
entertainment expenses
Section 16 While the general deduction formula contains its own restrictions
further restrictions on deductibility arise under this section, parts of which forbid
a deduction despite the expense passing the tests of purposes of trade, noncapital nature, etc.. Other parts merely ensure a disallowance of certain items of
expenditure, the deductibility of which might be in doubt.
It is for this reason that no deduction shall be allowed in respect of the following
expenditures:a) The cost incurred in the maintenance of the taxpayer, his family or
establishment.
50
The rent of, or cost of repairs to, or expenses incurred on, any premises not
occupied for trade, or of any dwelling or domestic premises except in
respect of such part as may be occupied for the purposes of trade.
j)
The cost of securing sole selling rights. An example is the cost as might be
incurred by a petrol company in payment to a service station which then
sells only that companys brand of petrol.
51
clearly precluded in respect of the cost of, for example, a lunch for business
associates, despite the hosts purpose being the furtherance of trade
relationships.
n) Expenditure incurred in the production of any income arising from stocks or
shares of any company. Dividends from foreign companies, which are liable
to income tax in the hands of a taxpayer ordinarily resident in Zimbabwe, aer
taxable (at a flat rate; without any deduction for related expenditure. The
latter could be a minor matter such as bank charges, or more substantial
such as interest payable on monies borrowed to purchase the shares.
o) Expenditure incurred in the production of interest on any loan or deposit with
local financial institution.
52
6.
53
EXAMPLE
David and Samuel practise as Quantity Surveyors in Harare. Samuel joined the
practice when he qualified in July 2006. David has practised here for seven years.
They submit the following profit and loss account in support of income returns for the
tax year ended 31 December 2010.
For the purposes of the question, the following amounts are stipulated at;
Passenger motor vehicle cost for capital allowances purposes- $10 000
Blind, disabled, elderly persons credits - $900 p.a.
Maximum annual deduction for contributions to approved pension fund - $5 400
US$
US$
Insurance premiums:
- loss of profit
20 000
- fire
9 000
- partnership joint life policy
38 000
- life policies for benefit of :
Samuel
16 000
David
10 000
26 000
Medical aid contributions:
David
5 200
Samuel
3 200
Staff
11 000
19 400
Staff salaries
680 000
Annuity to widow of
deceased employee
21 000
Interest on capital : David
48 000
Samuel
44 000
Bad debts
97 000
Trade subscriptions
1 000
Legal expenses : debt collection 6 000
Attendance at approved post
graduate course
90 000
Depreciation
86 000
Net Profit :
David 60%
1 798 560
Samuel 40% 1 199 040
________
2 997 600
________
Fees accrued
3 985 000
Bad debts recovered
84 000
Bank interest
75 000
Debenture interest
29 000
Dividends Delta Corp Ltd 10 000
4 183 000
________
4 183 000
________
________
1. Partners drawings were Samuel US$800 000 and David US$900 000.
2. Bad debts recovered include an amount of US$6 000 on account of a loan
previously written off as bad and not allowed as a deduction for tax purposes.
3. Residents tax on bank interest US$11,250 withheld. The debentures were in a
farming company.
4. The gross dividend from Delta Corporation Ltd is US$12 500 from which US$1,250
resident shareholders tax has been deducted at source.
54
43 000
26 000
28 000
______
97 000
______
6.
Samuel
David
US$
30 000
60 000
This represented the cost of lectures including travelling and hotel bills.
7.
(a)
Fixed Assets in the hands of the partnership at the beginning of the year
are as follows :
Date
Acquired
Description of Asset
______________________
_________
Jan 2004
Jan 2009
Jun 2005
Original
Cost
$
__________
Zim15 000
US70 000
Zim70 000
(b)
During the year the truck was traded in for a second-hand land cruiser. A
trade in value of US$40 000 was given on the truck and the cost of the
land cruiser was US$500 000.
(c)
(d)
8.
9.
David and Samuel paid $30 000 and $55 000 respectively to approved
retirement annuity funds.
10.
Samuel travels extensively for the practice and provides his own transport. He
rented a car for $9 000 a month for six (6) months from 1 January 2010 and on 1
July 2010 purchased a Mazda seda vehicle car for US$50 000. His running
expenses for six months to 31 December 2010 were US$100 000. It has been
established that his non-business travel has at all times been 10% of the total.
11.
Samuel is unmarried but has a disabled child aged 5. In addition to his income
from the partnership, he had the following income :
55
US$
Dividends from companies registered in Zimbabwe
40 000
Interest on tax reserve certificates fully utilised in payment on tax2 400
Rents from UK property
72 000
12.
David is married with two children, and during the year his medical aid shortfalls
were $6 000.
REQUIRED :
Calculate the tax payable by David and Samuel in respect of the tax year ended
31st December 2010.
56
SUGGESTED SOLUTION
Partnership David and Samuel
$
Profit per accounts
Add :
Less :
SIA
2 997 600
depreciation
86 000
bad debts : general provision
43 000
: loan
28 000
annuity excess (S 15 (2) of (c) (21,000-200)20 800
joint life insurance (capital)
38 000
recoupment
bad debt recovered
Bank interest
5 000
Wear and tear
Scrapping allowance
215 800
3 213 400
6 000
75 000
17 400
200
(113 600
3 099 800
David 60%
Samuel 40%
1 859 880
1 239 920
________
3 099 800
_________
Capital Allowances
Asset
______
Cost
US$
____
Office Furniture
& Equipment
2004 additions NIL
Surgery
Equipment
2009 additions 70 000
2010 additions
Motor
Vehicles
2007 additions 70 000
2009 additions
ITV
31/12/09
US$
_______
Cost
Add
(Disp)
US$
_______
Wear
and
tear
US$
_______
SIA
US$
_____
NIL
35 000
NIL
80 000
(1)
(Scrap)
Recoup
US$
______
2 500
(3)
2 500
NIL
(200)
-
NIL
ITV
31/12/10
US$
_______
(1)
(2)
17 400
7 500
NIL
7 500
_____________________________________________________________________
TOTAL
89 600
(17 400)
5 000
(200) 32 400
_____________________________________________________________________
57
1.
Sterilizer scrapped
Cost of asset scrapped
ITV asset scrapped
US$
400
200
Proceeds
nil
Scrapping allowance
(200)
70 000
(400)
______
69 600
ITV
34 800
Therefore accelerated
wear and tear @ 25%
ITV at 31/12/2010
2. Truck trade-in
ITV
Proceeds
Recoup
(17 400)
17 400
______
6 000
______
______
58
Individual Computations
David
Samuel
60%
40%
1 859 880
1 239 920
16 000
5 200
48 000
________
10 000
3 200
44 000
________
1 929 080
1 297 120
Less :
12
000
RAF contribution limited to $3 600
car rental 90% of $54 000
SIA on $250 000 restricted to
$10 000 at 50%
Running costs 90% of $100 000
Taxable Income
5 400
2 500
________
90 000
1 923 680
________
1 138 620
________
480 920
284 655
_______
(900)
(3 000)
_______
480 920
14 428
_______
495 348
280 755
8 422
_______
289 177
_______
_______
Less : Credits
Disabled child
Medical shortfall 50% x 6 000
Tax Chargeable
Add 3% Aids Levy
Tax Payable
59
5 400
48 600
7.
TAXATION OF FARMERS
7.1 SUMMARY OF RELEVANT SECTIONS :Section 2 :
definition
Section 8(1)(I) :
Taxation of closing stock.
Section 15(2)(u) :
Deduction for stock.
2nd schedule :
Valuation of farm trading stock.
The valuation of farm trading stock is based on Fixed Standard Values
(FSVs) that are set by the Commissioner from time to time.
7th schedule :
Special deductions for farmers, drought induced relief, and restocking allowance.
Finance Act: s 14(3)(c) :
Special rate for taxation of drought sales.
4th schedule :
Capital allowances.
Section 15(2)(y) :
Special deductions for agricultural co-operatives.
The establishment of taxable income for all taxpayers is virtually the
same. Farmers have some extra deductions outlined in the 7th schedule
and the valuation of a farmers stock is also peculiar with regard to
livestock valuations. This valuation is by reference to fixed standard
values as outlined in the second schedule. A farmer should normally
come up with his standard values which must then be approved by the
Commissioner. Once approved, they must be used consistently for
subsequent years.
Crops are valued at what the Commissioner
considers fair and reasonable.
60
The 7th schedule provides for the following :Para 2 : Special deductions for farmers as follows :(This expenditure is not subject to recoupment.)
(a)
(b)
(c)
(d)
(e)
(f)
New Fencing
XX
Less :
(a)
XX
(b)
XX
___
XX
farm
necessitates sale of livestock.
61
62
EXAMPLE
Longhorn Ranches (Pvt) Limited was incorporated on the 1st January 2010 to acquire
in the Belingwe district from that date the farm Cowhaven together with
improvements thereon, for the sum of $1 810 000. According to the agreement of
sale, the terms of which are acceptable to the Commissioner of Taxes, the purchase
price was made up as follows :
Land
Fencing
Farm dwelling
Staff housing
$
970 000
101 000
200 000
334 000
(erected 01/05/2004)
(2 units of $62 000 each and 1 unit
of $210 000 all erected on
01/06/2003)
205 000
________
1 810 000
________
During the year ended 31st December 2010 the company expanded and incurred the
following capital expenditure:
$
Erection of fencing
60 000
Sinking of boreholes
24 000
Purchase of 2 new tractors on 31st October 2010 48 000
Purchase of 2 cattle transportation lorries on
240 000
31st November 2000
Addition to farm dwelling
200 000
REQUIRED :
To calculate the maximum amount of deductions to which the company is entitled for
the year ended 31st December 2010.
63
SUGGESTED SOLUTION
Longhorn Ranches (Pvt) Ltd
Para 2
7 Schedule
$
__________
th
Ranking
Wear & tear
SIA
$
$
_____________________
Total
Allowance
$
________
60 000
60 000
Staff Housing
Farm dwelling
Staff housing
205 000
51 250
2 new tractors
48 000
1 2 000
2 cattle Lorries
240 000
60 000
Sinking of boreholes
24 000
24 000
________
207 250
________
** NOTES
1.
2.
3.
SIA is 25%
Purchased fencing does not rank for 7th schedules
Farm dwelling and staff housing exceed $25,000
64
8.
TAXATION OF MINERS
8.1
The computation of taxable income for miners is basically the same as any other
class of taxpayer. The determination of allowances on capital expenditure for
miners are outlined in the 5th schedule.
Definitions - section 2
Life of mine
Mixed method
65
With effect from the year of assessment beginning on 1 January 2001 the
computed taxable income or loss for the year from each mine location of a
particular operator must be separately calculated. Thus a loss on
operations in one mine would not be available for set off against taxable
income from another but would be carried forward.
66
b)
c)
d)
8.6 Expenditure
The restrictions refer to :
i) A local branch of a foreign company
ii) A local subsidiary of a foreign company
a)
b)
c)
67
Maximum estimate
10 years
Iron
5 years
20 years
Section 9 of the Act :- Income emanating from sale of mining claims can be
spread over four years for taxation purposes if taxpayer makes the election.
68
9.
Capital gains arising from the disposal of immovable property and marketable
securities, acquired after 1st February 2009 are taxed at a flat rate of 20%.
- Capital gains arising from the sale of marketable securities are exempt from tax
up to $1,800 if the seller is fifty-five years or over on the date of sale.
- The disposal of listed marketable securities that were acquired before 1 February
2009 is subject to capital gains tax at 5% of the gross capital proceeds.
- The disposal of marketable securities listed on the Zimbabwe Stock Exchange
that were acquired after 1 February 2009 is exempt from capital gains tax but
subject to a capital gains withholding tax of 1% of the gross capital proceeds.
- The disposal of marketable securities that are not listed and were acquired after 1
February 2009 is subject to capital gains tax at 20% (and capital gains
withholding tax of 10%).
- Marketable security is a defined term, which includes shares in private
companies. To be taxable, the proceeds must be from a source within
Zimbabwe.
- The disposal of immovable property that was acquired before 1 February 2009 is
subject to capital gains tax at 5% of the gross capital proceeds.
The disposal of immovable property that was acquired after 1 February 2009 is
subject to capital gains tax at 20% of the gross capital proceeds (and capital
gains withholding tax of 15%).
- The main deductions which are allowed in the determination of a capital gain are
the cost of the asset together with any additions after acquisition and an inflation
allowance of 2% per annum.
69
==
==
Capital Amount
Less
Allowable Deductions (section 11 of CGT Act)
==
CAPITAL GAIN
If the total computed aggregate gain in a year of assessment is $50 of less no tax is
payable. A computed loss may generally be carried forward against future gains.
9.2
(b)
(c)
70
(d)
(e)
(f)
(a)
(b)
building societies
(f)
employees savings
Commissioner.
schemes
or
funds
approved
by
the
(b)
(c)
any loan to the state, or any company all the shares of which are
owned by the state,
local authority
a statutory corporation
(d)
(e)
(f)
(g)
(h)
(i)
(j)
71
(k)
(l)
(m)
Amounts accruing from listed shares which are subject to the 10%
withholding tax.
DEDUCTIONS
Section 11(1) :
Where amount of liability incurred and amount actually paid differ due to exchange
rate variation, then effect shall be made of the amount actually paid in Zimbabwe
currency.
Section 11(2)(a) :
Costs of acquisition of specified asset which has been sold, excluding amounts
allowable as deductions for income tax purposes.
NB :Asset acquired by inheritance - taxpayer deemed to have incurred cost
equal to estate valuation.
Asset acquired otherwise than by way of purchase of inheritance - if acquired prior to
1st August 1981, taxpayer deemed to have incurred cost equal to market value at time
of acquisition, if acquired after 1st August 1981, cost is the gross capital amount as
established in the hands of person from whom acquired.
Section 11(2)(b) :
Expenditure on additions, alterations or improvement of specified asset, excluding
deductions allowable for income tax purposes.
NB : In the case of capital amount arising from the sale of shares in a company which
owns immovable property, any expenditure incurred by seller on additions or
alteration to the property shall be deemed to be expenditure incurred on addition
to shares.
Section 11(2)(c) :
An amount determined by applying the Consumer Price Index at the times of sale and
purchase on;
1)
2)
72
Section 11(2)(g) :
Supreme Court costs where appeal fully or substantially successful.
Section 11(2)(h) :
After above deductions, where profit is $50 (the effective amount is nil and the
paragraph is merely academic) or less, an amount equal to such amount shall be
allowed as a deduction.
Section 11(3) :
Taxpayers shall be allowed to deduct any assessed capital loss brought forward ; but
not those declared insolvent or had their property or estate assigned for the benefit of
creditors.
A company registered under the Companies Act, which converts into a private
business corporation can carry forward its loss ; and vice versa.
Section 11(4) :
A taxpayer shall claim a deduction only under one provision of the Act.
Section 11(5) :
Owners of immovable property who have been taxed on value of improvements in
terms of section 8(1)(e) of the income tax act, shall be deemed to have incurred a cost
equal to such amounts as have been taxed.
Section 11(6) :
73
The following elections must be made by the time the returns for assessment are
submitted.
Election available (notwithstanding the terms of the sale) to transfer specified asset at
the amount equal to the deductions established in the hands of the seller. If asset
eventually sold to someone outside the group then recoupment calculated as it the
original seller was selling.
Section16 :
Transfer between spouses - election to transfer at amount equal to deductions
available.
Section 17 :
Transfer of specified asset by individual to company under his control - same election
as above available.
A*(B-C)
_______
74
D
where :
15%
1%
10%
The responsibility for withholding such amount rests primarily with the depositary.
Should the depositary fail to withhold the amount, responsibility passes to the agent
and lastly the seller. In certain circumstances, taxpayers may apply for capital gains
withholding tax clearance certificates in order to eliminate their liability. What this
amounts to is the submission of the Capital Gains Tax liability together with the
application form for the capital gains withholding tax clearance certificates.
75
INTRODUCTION
The provisions of the Income Tax Act in relation to estates and trusts contain
important but sometimes convoluted definitions to which reference may in specific
cases be necessary. These include, in Section 2, beneficiary with a vested right,
and income the subject of a trust to which no beneficiary is entitled, and in
Section 11 (1) in relation to deceased estates only, ascertained beneficiary.
a)
b)
A trust on the other hand is not generally a persona though, in the present
context, it may be a person for tax purposes, as will be seen below. It is
commonly formed either:
i)
by an existing person (not necessarily an individual) who, by a written
trust deed, names persons as trustees and hands over to them
various assets as the initial capital of the trust. The trustees then
administer this capital and deal with the income thereon in
accordance with the conditions set out in the trust deed; or
ii)
by the will of a deceased individual who does not wish all or part of his
estate to be handed over immediately to his heirs. Instead of keeping
the deceased estate open for possibly a long time, the will may
nominate trustees to whom the executors are to hand over the assets
in trust, to be dealt with in accordance with the conditions set out in
the will. The estate can then be wound up and the Masters file
closed.
76
10.2
DECEASED ESTATES
GENERAL
On the death of a taxpayer an assessment is raised on the deceaseds taxable
income accruing to date of death. A new taxpayer, the deceased estate, then
comes into being and there arises the question of determining in which partys
hands the income accruing in the post-death period should be taxed (the bequest of
the asset itself never giving rise to liability). Such parties are (1) the beneficiaries of
the deceased. (2) the deceased estate itself or (3) any trust created in terms of the
deceaseds will.
The terms of the will are crucial, the basic rules as to who is taxable on income
subsequently derived from assets in the estate being as follows:
i)
Where a specific asset is left to a specific individual (e.g. my
debentures to my son Sam) the son is taxable on the income earned
by that asset from the day after the date of death of the deceased.
The son is in this respect an ascertained beneficiary i.e. a person
named or identified in the will who acquires an immediate certain right
to claim the present or future enjoyment of the income arising from a
particular asset in the estate.
ii)
iii)
Where the will does neither of the above but provides for the whole
estate to go to a specific individual it appears to be the
Commissioners practice to treat the position as being the same as in
(ii), i.e. to tax the estate on the income in the period prior to
distribution and the beneficiary only thereafter e.g. My assets to my
children Sam and Daisy.
77
In cases of intestacy (i.e. where there is no will) the treatment is the same as
that for a residue under a will.
10.3
Assessed losses
Any assessed loss incurred by a deceased falls away, upon his death, and
cannot be carried forward against the income of the estate or any other
taxpayer. Similarly any assessed loss incurred by the estate in operations
during the post-death falls away upon the winding up of the estate.
b)
c)
d)
Ordinary residence
An estate is deemed by Section 2 (3) (a) of the Act, to be ordinarily resident
in Zimbabwe if the deceased was ordinarily resident in Zimbabwe at the time
of his death. This can be important in the case of, for example, the receipt of
foreign interest (Section 12(2)).
e)
Annuities
Where a will imposes the duty to pay an annuity in such a way that it
constitutes a bequest price; although the beneficiary is burdened by the
condition the annuity is not linked to the income resources. In these
circumstances his income is not reduced for tax purposes, despite the
annuitant also being taxable on the annuity.
f)
78
Any amount which accrues during the pre-death period is taxable in the
assessment to date of death. This includes salary earned, a bonus already
voted, and contractual commissions due at that stage.
Amounts accruing after death and which are taxable in the assessment for
the post-death period are those to which the deceased had a right, and which
would have been taxable in his hands, had they accrued during his lifetime.
These include cash in lieu of leave under a contract of employment, and
contractual commissions falling due after date of death.
Amounts accruing after death which are not taxable (in either period) are
those to which the deceased had no right, such as non-contractual cash in
lieu of leave (in the case of, for example, civil servants), a bonus voted after
death and directors fees as are not fixed in the companys Articles of
Association.
g)
ii) Additionally a new taxpayer, the insolvent estate, comes into being from
the date of insolvency to the date of rehabilitation. It is taxable on, for
example, any income earned for the continuation by the trustee, for the
benefit of creditors, of any business previously carried on by the
insolvent.
(This applies also to statutory, though not voluntary,
assignments.) The estate is not entitled to any personal credits.
iii) In no case is any assessed loss, incurred prior to insolvency, carried
forward against subsequent income, i.e. of the insolvent personally, or of
the estate during the insolvency period, or later after his rehabilitation.
(This applies also to both statutory and voluntary, assignments.)
iv) The rules for ordinary residence of insolvent estates are the same as
those for deceased estates, referred to above. See Section 2 (3)(b).
79
80
was to avoid paying tax. He can for instance invoke what he deems to be the fair
market price in any transaction if he is persuaded to do so by the facts of the case.
Please refer to the avoidance provisions in section 98 of the Act. (Refer to some
questions on next page).
The managing director of a large company comes to you and asks whether it is
advisable to form a consultancy company for purposes of limiting his personal tax. He
earns well in excess of $15 000 per year, and he says that a friend he met at the golf
course advised him that he should form a consultancy company to which his salary
would be paid without P.A.Y.E. being deducted.
REQUIRED: What are the tax issues in the above scenario ?
(2)
A owns the majority of shares in a company which owns the house he is residing in.
He wants to know whether he can invoke the roll over provisions with regard to capital
gains tax, if the company sold the house and constructed another one in a more
affluent suburb.
REQUIRED: Advise the taxpayer.
(3)
An independent contractor whose income is on the rise would like to know his position
with regard to pay as you earn, or any other tax obligation.
REQUIRED: Advise him.
(4)
A taxpayer has in the past operated the business of a general dealer at a growth point.
He was operating from a building that he owns on which he had been claiming capital
allowances. He has now formed a company in which the shareholding is spread
equally between himself, his wife and his two children. The market value of the
building is several million although it had originally cost about $50 000 to construct, ten
years previously.
REQUIRED: What are the tax consequences of transferring the building to the
company ?
(5)
Mrs D is a widow who has been operating a furniture shop on a cash basis in Harare
for many years. Due to the increases in supplier prices she has now decided to start
selling the furniture on credit terms extending over two to three years. She has now
made sales amounting to $10 000 and she estimates her profit to be more than
$5 000. She vaguely remembers that she is taxable on all profit made in any year.
She wants to know whether or not there is tax relief available since she will only
receive the bulk of her income in future tax years.
REQUIRED: Advise
(6)
81
managing director is uneasy with the visit of the tax officials and he wants you to be
present in the meeting.
REQUIRED: Advise the possible tax implications and suggest any strategy to deal
with the situation.
(i)
Business income is subjected to tax at a flat rate of 30% (plus 3% AIDS levy) on
assessment. Tax, based on estimates if necessary, will however still need to be
paid on quarterly payment dates, during the year following the year of
assessment, as follows :
10% of (estimated) tax
25% of (estimated) tax
30% of (estimated) tax 35% of (estimated) tax
(ii)
10 February
25 June
25 September
20 December
You will be required to register for Valued Added Tax should your turnover be
within the registration threshold and the services are taxable.
(iii) Business expenses are claimable provided they pass the test as laid out in
section 15(2)(a), the general deduction formula.
As an employee (which includes a director) salaries, including benefits, are subject to
P.A.Y.E, which is normally deducted every month. The calculation of P.A.Y.E is based
on the tax rates applicable to individuals according to the various bands.
Although the tax situation of the consultancy company / independent contractor may
be advantageous, as opposed to that of an employee, before the choice is made
section 98, which is an anti-avoidance section, must be taken into account. This
section may be invoked by the Commissioner where it is evident that the only reason
for making the choice is solely and mainly because there is a lower tax regime
pertaining, and that, in reality, an employer/employee relationship still exists.
Penalties, and interest, may therefore arise.
In order to avoid the invocation of s98, a written contract should be concluded
between the company / independent contractor and the customer (your previous
employer). This contract must be normal, and be in line with prevailing practice, and
should steer clear of any wording which may indicate that you are still an employee of
the company.
(2)
The roll over provisions with regard to capital gains tax can only be elected in the
following scenarios :
(i)
Where an individual sells his sole or main residence i.e. his principal private
residence, and purchases or constructs a replacement residence before the end
of the next assessment year ;
82
(ii)
Where a taxpayer (including a company) sells immovable property used for the
purposes of his trade, and expenditure on a replacement property is incurred
within the time limit as in (i).
In this case, the taxpayer is a company, so (i) does not apply, and, as the house is not
used for the purposes of the companys trade, (ii) will also not apply. The roll over
provisions can therefore not be invoked.
(3)
(4)
The relevant provision, in this case, is section 17 of the Capital Gains Tax Act. Where
an individual transfers any immovable property to a company controlled by him,
through holding a majority of its shares or otherwise, the parties may elect, under this
section, to transfer the property at a value, for tax purposes, the effect of which is that
no capital gains tax arises. Full liability is swept up on any resale to a purchaser other
than a company under the same control.
In this case, although the shareholding of the company will be spread equally between
the taxpayer, his wife and his 2 children i.e he will hold only 25% of the shares (not the
majority), it may still be shown that the taxpayer will have control of the company (by
way of voting powers etc). The section does state that the taxpayer may control the
company by holding the majority of the shares, or otherwise.
In addition, this section can only be invoked where the individual used the property for
the purposes of his trade, and where the company will continue to use it for the
purposes of its trade. In this case, these conditions are fulfilled.
(5)
Sections 17 and 18 of the Income Tax Act are relevant under Mrs Ds scenario. In the
case of instalment-credit sales (where transfer of ownership is immediate but payment
is by instalments), the whole of the amount payable is deemed to have accrued to the
vendor at the date on which the agreement was entered into. To prevent hardship to
the vendor, however, an allowance, in respect of payments not yet received, may be
deducted, in addition to the normal deduction for bad and doubtful debts.
The allowance is determined by the Commissioner. In the case of movable property
the method of calculation is set out in departmental practice 33. (See example in
prescribed textbook Students Guide to Tax in Zimbabwe 2006) The allowance
granted must be brought in as income in the following year and, at that year end, a
new allowance calculated.
(6)
When dealing with investigating tax officials, always provide them with the information
and documents that they request. Do not be aggressive.
In this case, the following issues could be raised :
(i)
83
(ii)
PRACTICE QUESTIONS
84
QUESTION 1
On 30th June 2010,Mr Jones who was 66 years old, retired from employment after 25 years of service
with a pharmaceutical company.
His remuneration in respect of the period 1st January 2010 to 30th June 2010 was:
US $
Gross salary
18,000
Bonus
1,500
Gratuity
36,000
Housing allowance
1,200
Entertainment allowance
1,000
9,000
40,000
(1,080)
(1,200)
(22,500)
During the period 1 January 2010 to 30th June 2010, Mr Jones was entitled to the free use of a company
vehicle a Toyota Vigo Twin cab with an engine capacity of 3 000 c.c.
In addition, Mr Jones purchased the following assets from the company as part of his retirement package:
Original
Cost
US $
Laptop
800
85
Date
purchased
by company
July 2009
Market
value at
th
30
June
2010
US $
Disposal
Value
to Mr
Jones
US $
2.
200
50,000
May 2009
30,000
20,000
1,000
June 2009
800
500
Office furniture
Notes
1.
500
800
(120)
680
1,000
(150)
850
50,000
(12,500)
37,500
12,000
REQUIRED
1.
2.
Calculate the minimum tax payable by Mr Jones from investment income in respect
of the tax years ended 31st December 2010.
29 MARKS
86
QUESTION 2
The income statement of G.Tours (Pvt) Ltd, a travel agency and trading company for the year ended
31st December 2010 was:
$
Gross profit
$
7,032,000
2,000
Interest received
14,500
150,000
7,198,500
Less:
Agents commission
200,000
50,000
Bad debts
120,000
Bursary
25,000
Depreciation
240,000
Donations
60,000
General expenses
82,000
Interest payable
7,000
Rent
123,000
Salaries \ Wages
2,355,000
(3,262,000)
3,936,500
NOTES
Profit on sale of motor vehicle
87
5,000
Overdue debtors
9,500
14,500
Agents Commission
This was paid to sub-agents in South Africa who arranged package tours for tourists to Zimbabwe
95,000
25,000
120,000
Bursary
The bursary of $25,000 is for a technical course closely related to the company's trade.
The course was undertaken by the controlling shareholder's son who is not employed by the company.
Donations
Zimbabwe Tourism Council
40,000
20,000
60,000
General expenses
2,500
3,500
7,500
68,500
82,000
88
Interest payable
The interest related to a loan used to buy shares in OK Zimbabwe Ltd.
FIXED ASSETS
The motor vehicle sold at a profit of $2,000 was a Mazda 3 sedan which had been acquired in
December 2009 for $18 000 for a sales rep. It was sold in the current year for $20,000.
A replacement Mazda BT50 sedan was acquired for $30,000.
Other assets acquired during the year were:
Computers
Mercedes benz for director
12,000
120,000
REQUIRED
Calculate the minimum taxable income or loss of the company for the year ended
31st December 2010.
26 MARKS
89
QUESTION 3
Peachy Mines (Private) Limited is a 70% subsidiary of an Australian mining conglomerate Peach
Holdings Limited Headquartered in Sidney, Australia. Peachy Mines (Private) Limited operates a
gold mine in the Shamva area of Zimbabwe.
During the year ended 31st December 2010, Peachy Mines (Private ) Ltd borrowed Usd $50 million
from the holding company to finance an expansion programme for the mine . The parent company
seconded a mining engineer from Australia to oversee the expansion programme.
The income statement for the year ended 31st December 2010 reflected a net profit before tax
figure of $500,000. The debits and credits to the income statement included the following :
Credits:
$
Bank interest (net of withholding tax)
6,000
Exchange gains
120,000
35,000
Debits
Depreciation
26,000
General expenses
10,000
240,000
200,000
2,500,000
2,976,000
Other information:
90
3. General expenses
This amount was paid to the Bindura Mayor's Christmas Cheer Fund.
4. Profit on sale of asset
A generator which was purchased by the company for $5,000 in April 2009 was sold during the year
for $40,000
200,000
50,000
60,000
65,000
68,000
45,000
120,000
Mine equipment
250,000
91
12,000
Farmind Enterprises (Pvt) Ltd has been conducting farming operations in Karoi for the
past 10 years. The company's accounts are prepared up to 31st December. In October
2010, the Minister of Finance issued a statutory instrument declaring the farm to be an
epidemic area due to an outbreak of blackfoot disease.
LIVESTOCK
The livestock on hand on 1st January 2010 was :
Number
4
100
30
70
20
25
80
Class
Bulls
Cows
Oxen
Heifers
Steers
Tollies
Calves
800
500
450
400
200
150
100
Livestock movements from 1st January 2010 to 31st December 2010 were :
Births and deaths :
90 calves were born during the year
4 tollies died of diseases
12 calves died of snakebites
Sales :
1 Bull, 20 Oxen, 10 Steers were all sold for Us $15,000
50 Cows and 1 bull were sold as a result of the epidermic disease
for Us$30,000
Promotions :
35 calves to tollies
33 calves to heifers
92
25 tolllies to oxen
70 heifers to cows
Purchases
1 bull for Us 900
12 cows for Us $7,000.
Livestock expenses were Us$ 5,000
FIXED ASSETS
The income tax values (ITV's) of assets as at 1st January 2010 were:
YEAR
PURCHASED
COST
US $
8,000
Farm trailer
5,000
Farm tractor
15,000
31st December
2009
31st December
2009
31st December
2009
I.T.V. AT
1
JANUARY
2010
US $
4,000
2,500
7,500
10,000
30,000
12,000
Dam
Fencing
2,000
REQUIRED:-
93
QUESTION 5
Mr Joram is ordinarily resident in Zimbabwe.
During the year ended 31st December 2010 , he sold the following
shares :
a) 5,000 Econet Wireless Zimbabwe (Pvt) Ltd shares were sold in May 2010 at
US$$4,70 a
share. The Econet shares were acquired in July 2001 at Zim $ 0 per share.
Econet shares are listed on the Zimbabwe Stock
Exchange.
b) 10,000 Toks Technology (Pvt) Ltd shares were sold in July 2010 at US$1,50 per
share.
The shares were acquired in April 2009 for Us$0.80 per share.
Toks Technology (Pvt) Ltd is an unlisted company.
c) A house which was being let out was sold in November 2010 for
US50,000.
The house had been acquired in February 2006 for Zim $ 10,000.
US$ 1,000 was incurred in October 2009 in repainting the house.
A further US$2,000 was incurred in renovating the cottage in
February 2010.
QUESTION
Calculate Mr Joram's capital gains tax liability for the year ended 31st December
2010.
13 MARKS
94
QUESTION 6
On the 5th of March 2010, officials from the Zimbabwe Revenue Authority, (ZIMRA) visited Plastics
(Pvt) Ltd, a plastic manufacturer in the Willovale industrial area of Harare and carried out a tax
audit of the company's affairs.
On the 12th of March 2010, the ZIMRA officials presented the following findings:
1. The company had an estimated tax liability of Us $200,000 for the year ended 31st December 2010.
No tax payments have yet been made to ZIMRA in respect of this liability.
4 MARKS
2. The company's selling price is arrived at by adding a mark- up of 60% to the cost of production.
The company offers a 5% cash discount to all its customers while employees are offered
a 30% discount. It has been established that goods which cost the company Us $50,000 were
sold to employees for US $56,000 instead of the normal retail price of $80,000.
ZIMRA officials contend that the discount of US $6,000 offered to the employees is a taxable benefit
liable to employees' tax (PAYE) .
4 MARKS
3. The financial statements for the year ended 31st December 2010 reflected a dividend payable to the
following shareholders;
US $
10,000
10,000
20,000
20,000
60,000
Mr A Andrews
Mr J Jones
Andrews Investment (Pvt) Ltd
Jones Family Trust
95
No tax payments have yet been made to ZIMRA in respect of any tax payable.
5 MARKS
4. The company paid director's fees to the following non executive directors:
$
Mr Kilo (Zambian resident)
3,000
Mrs A Andrews (Zimbabwean resident)
3,000
Mrs J Jones (Zimbabwean resident)
3,000
9,000
6 MARKS
5. During the year ended 31st December 2010, Plastics (Pvt) Ltd contracted a South African based
company to repair its blow moulder machine. The machine was sent to South Africa and
Plastics (Pvt) Ltd was charged an equivalent of US $20,000. The funds were paid through the
company's foreign currency account.
ZIMRA officials contend that a withholding tax should have been deducted.
1 MARK
6. During the year ended December 2010, the company's factory manager was sent to Germany
on a course on plastic manufacturing.
The fees for the course were again paid from the company's foreign currency account.
1 MARK
No tax was deducted on the payments.
REQUIRED
Prepare a report to the directors of Plastics (Pvt) Ltd advising them on the tax implications of the
ZIMRA tax audit findings.
(21 MARKS)
96
TAX 7
In March 2010,Plot Developers (Private) Limited, a company registered in Zimbabwe with a
31st December year end, acquired 200 hectares of land for Us $1,500, 000 with the intention of
developing residential stands for resale.
Development costs were:
US$
Survey fees
50,000
Expenditure on roads, water reticulation etc
250,000
200 stands were available for sale.
150 stands were sold on 30th June 2010 at $12,000 each.
The terms were a 75% deposit payable immediately with 15% payable on 1st January 2011 and
and a further 10% payable on 1st January 2012. Interest at the rate of 8% per annum was payable on
amounts outstanding.
The remaining 50 stands were sold on 30th September 2011 at $15,000 each.
Again, a 75% deposit was payable immediately with 15% payable on 1st January 2012 and
and a further 10% payable on 1st January 2013. Interest at the rate of 10% per annum was payable on
amounts outstanding.
The following administration expenses (all tax deductible) were incurred:
US$
8,000
12,000
15,000
25,000
Compute the company's tax payable in respect of the tax years ended 31st December 2010 to
31st December 2013 assuming that all the terms of the agreement are met by the purchasers.
97
(26 MARKS)
ZCTA 2011
98
99
US$
Gross salary
MARKS
18,000
1,500
36,000
Housing allowance
1,200
Entertainment allowance
1,000
9,000
Bonus
Gratuity
40,000
(40,000)
1,800
300
300
69,100
Less:
Exempt bonus
Pension contributions (maximum)
400
1,080
1
(1,480)
67,620
(Cont.)
100
MR JONES
Taxable income from trade/investment:
31 December 2010
Tax payable: 31st August 2010
Up to:
Less:
US$
67,620
@35%
67,620
Less:
MARKS
23,667
(1,456)
22,211
(600)
21,611
Add:
3% aids levy
1/2
648
22,259
Less:
P.A.Y.E. paid
(22,500)
Tax payable
(241)
1/2
NOTE
*Mazda B2500 Twin cab benefit
1. No benefit accrues as the taxpayer is aged above 55 years (section 8 (1) f para x
rd
2. Taxpayer is aged above 55 years; pension not taxable para 6 (h) of 3 Schedule
18
12,000
(3,000)
9,000
1,000
10,000
101
US$
MARK
Company dividends received from Botswana
800
10,800
2,700
300
3,000
Add: 3% drought
levy
90
3,090
160
3,250
Less: Double tax relief
Zimbabwe
tax
Foreign
tax
Relief
160
120
120
Botswana interest
300
150
150
1
(270)
2,980
10
102
MARKS
5,000
150,000
2,000
3,936,500
(50,000 - 500)
49,500
95,000
: capital
25,000
25,000
Bursary [S 15 (2) p ]
Donations
Depreciation : capital
General expenses:
20,000
240,000
2,500
:S 16 (1) f
68,500
7,000
12,000
300
50,000
8,000
Capital allowances
Recoupment
1
1
6,111
4,537,111
165,300
(165,300)
Taxable income
4,371,811
Tax at 25%
1,092,953
3% aids levy
32,788
21
1,125,741
103
Mazda BT50 :
Actual cost
Deemed cost
30,000
10,000
25% S.I.A.
I.T.V.31.12.2010
(2,500)
7,500
Computers:
Cost
12,000
25% S.I.A.
I.T.V.31.12.2010
(3,000)
9,000
Mercedes benz
Actual cost
Deemed cost
2,500
3,000
2,500
120,000
10,000
25% S.I.A.
(2,500)
I.T.V.31.12.2010
7,500
8,000
Recoupment
Nissan sunny (cost $12 million)
Deemed cost December 2009
Actual selling price
Deemed selling price
18,000
10,000
20,000
11,111
I.T.V. 31.12.2010
Recoupment
(5,000)
6,111
1
5
104
$
500,000
MARKS
1/2
3
5
1/2
1
26,000
96,000
179,710
10,000
40,000
351,710
851,710
less:
Capital redemption allowance
Bank interest received-net of withholding tax
Profit on sale of machinery : capital
Unrealised exchange gains capital
615,000
6,000
35,000
90,000
1
1
1
(746,000)
105,710
Taxable income
Tax @ 25,75%
27,220
1
14
50,000
No limit
50,000
No limit
60,000
restricted
50,000
restricted
50,000
No limit
45,000
restricted
50,000
No limit
250,000
restricted
10,000
Mine equipment
Nissan hardbody double cab for mine manager
615,000
105
50,000
50,000
50,000
106
MARKS
3/5 * 240,000
144,000
Interest paid
240,000
(144,000)
96,000
1
3
B=
C=
A =
B=
200,000
C=
Allowable portion =
20,290
200,000
(20,290)
(179,710)
107
1
5
The management fee payable to the parent company is subject to a 15% non residents tax on
fees payable in terms the 17th Schedule to the Income Tax Act.
1
1
108
Bulls
Cows
Oxen
Heifers
Steers
Tollies
Calves
Total
100
30
70
20
25
80
329
90
90
13
(16)
163
Births
Purchases
12
Deaths
Promotions in
(4)
70
25
33
35
(12)
Promotions out
(70)
Sales : Normal
(1)
Sales : Epidermic
(1)
(25)
(20)
(68)
(10)
(50)
132
35
33
10
31
90
(163)
(31)
1/2
(51)
1/2
334
800
500
450
400
200
150
100
3,200
50,000
13,500
28,000
4,000
3,750
8,000
110,450
1/2
2,400
66,000
15,750
13,200
2,000
4,650
9,000
113,000
1/2
CAPITAL ALLOWANCES
Farm trailer
US$
US$
MARKS
I.T.V. @ 01.01.2010
2,500
(1,250)
I.T.V. @ 31.01.2010
1,250
3,750
1,250
Farm tractor
I.T.V. @ 01.01.2010
7,500
(3,750)
I.T.V. @ 31.01.2010
3,750
110
Toyota corolla
I.T.V. @ 01.01.2010
4,000
(2,000)
I.T.V. @ 31.01.2010
2,000
US$
Cost
10,000
(2,500)
2,000
US$
MARKS
2,500
7,500
House for farm
manager
Cost of house exceeds USD 25,000; it does not qualify as staff
housing
12,000
Dam
100% paragraph 2 allowance of 7th Schedule
111
Fencing
100% paragraph 2 allowance of 7th Schedule
112
2,000
23,500
SUGGESTED SOLUTION
TAX 4
FARMIND ENTERPRISES (Pvt) Ltd
TAX COMPUTATION
31st DECEMBER 2010
US$
Sales : Normal
15,000
1/2
30,000
1/2
: Epidermic
MARKS
45,000
Less:
Opening stock 1 Jan 2010
Purchases
110,450
1/2
7,900
1/2
118,350
Closing stock as at 31st Dec 2010
(113,000)
1/2
(5,350)
Gross profit
39,650
Livestock expenses
(5,000)
34,650
Capital allowances
1/2
(23,500)
11,150
Epidemic sales c/fwd
(2,287)
Taxable income
8,863
Tax @ 25.75%
2,282
Epidemic sales
US$
Epidemic sales
Less:
Cost at FSV:
MARKS
30,000
50 cows @
500
(25,000)
1/2
1 bull @ 800
(800)
1/2
4,200
Less:
Applicable livestock expenses:
Livestock expenses x
forced sales
1/2 ( opening stock + closing stock)
5,000 x 51
1/2 (329 +334)
255,000
331.5
(769)
3,431
2,287.33
1
9
114
SUGGESTED SOLUTION
TAX 5
Mr Joram
Capital Gains Tax computation
Year ended 31st December 2010
US$
MARKS
a) Econet shares
Disposal proceeds of 5,000 shares
23,500
235
15,000
(8,000)
1
1
years
(400)
Capital gain
6,600
1,320
(750)
CGT due
570
The capital gains withholding tax is due to Zimra within 3 working days from date of
payment.
The final CGT liability is due within 30 days from date of payment.
c) House
US$
MARKS
50,000
2,500
The disposal of immovable property that was acquired before 1 February 2009
is subject to capital gains tax at 5% of the gross proceeds.
The rate of capital gains withholding tax is also accordingly reduced from the normal
15% to 5%.
1
13
116
SUGGESTED SOLUTION 6
The Managing director,
Plastics (Pvt) Ltd
10 Willovale Road
Harare
MARKS
Dear Sir,
Tax implications of ZIMRA audit
We refer to your request for an opinion on the above matter and respond as follows:
1.
Tax payments
The tax for the year ended 31st December 2010 is payable as
follows:
25 March 2010
10%
20,000
1/2
25 June 2010
25%
50,000
1/2
30%
60,000
1/2
35%
70,000
1/2
25 September
2010
20 December 2010
200,000
Interest at the prevailing ZIMRA rate of 10% per annum is payable on the tax instalments not
paid on due date.
1
Penalties are however not payable for the late payments.
1
It is therefore recommended that you immediately make arrangements to pay the tax and
117
2.
Deemed benefit
Section 8(1) (f) of the Income Tax Act (Chapter 23:06) brings into tax an amount equal to
the value of an advantage or benefit in respect of employment.
The value of the grant of an advantage or benefit other than a payment by way of an
allowance, shall be determined :
(i)
(ii)
In this particular case, the products cost the employer $50,000 and the employee is
required to pay $56,000.
Since the employees pay an amount which is greater than cost to the employer, it is
submitted that there is no taxable benefit that accrues in terms of section 8(1) f.
SUGGESTED SOLUTION TAX 6 (cont)
PLASTICS (Pvt) Ltd
3.
Tax on dividends
MARKS
The 15th Schedule to the Income Tax Act deals with residents shareholders' tax (RST)
which shall be deducted on dividends payable to shareholders who are ordinarily resident
in Zimbabwe.
(i)
(ii)
(iii)
The dividend payable to the Jones Family Trust is subject to the 15% wht
of $3,000.
1
Interest at 10% per annum as well as a penalty of up to 100% is payable for
the late payment.
118
Directors' fees
The fees payable to Mr Kilo are subject to a 20% withholding tax in terms of the 17th Schedule.
Tax on the fees should be payable within 10 days of the date of payment.
Interest at 10% per annum as well as penalties of up to 100% are payable for any late payment.
The fees payable to the Zimbabwean directors are subject to a 20% non-executive directors fees
tax in terms of the 33rd Schedule to the Income Tax Act. The tax is payable to ZIMRA within
ten date of payment.
1
1
1
1
Interest at 10% per annum as well as penalties of up to 100% are payable for any late payment.
1
1
Technical fees
In terms of paragraph 1 (1)(d) of the definition of fees in the 17th Schedule, any amount payable
in respect of the repair of goods outside Zimbabwe is not subject to the withholding
tax.
Technical fees
In terms of paragraph 1 (1)(c) of the definition of fees in the 17th Schedule, any amount payable
in respect of education or technical training not subject to the withholding tax.
We hope we have been of assistance.
Please do not hesitate to contact me should you require any further clarification.
Yours faithfully,
TAX CONSULTANT
119
1,500,000
300,000
1,800,000
900,000
(150 x $12,000)
1,800,000
Cost of sales
(150 x $9,000)
(1,350,000)
450,000
(8,000)
(112,500)
329,500
Add:
Interest on outstanding instalments
Taxable income
18,000
347,500
86,875
2,606
Administration expenses
Section 17 allowance : 2010
120
89,481
25%
Gross sales
(50 x $15,000)
750,000
Cost of sales
(50 x $9,000)
(450,000)
300,000
Add:
Interest on outstanding instalments
Section 17 allowance : 2010
19,088
112,500
1
131,588
431,588
Less:
Administration expenses
(12,000)
(147,000)
US$
(159,000)
272,588
Taxable income
Tax payable at 25%
3% aids levy
Tax payable
Gross profit % =
68,147
2,044
70,191
40%
16
121
MARKS
Year ended 31st December 2012
(15,000)
(30,000)
7,500
147,000
154,500
1
1
Taxable income
(45,000)
109,500
27,375
3% aids levy
821
Tax payable
28,196
122
30,000
1
1
30,000
Less:
Administration expenses
(25,000)
1
(25,000)
Taxable income
5,000
1,250
36
Tax payable
1,285
1
10
123
150 stands
Amount due
Amount paid
Amount outstanding
1,800,000
(1,350,000)
450,000
450,000
(270,000)
180,000
50 stands
Amount due
Amount paid
Amount outstanding
750,000
(565,500)
187,500
180,000
(180,000)
-
187,500
(112,500)
75,000
450,000
367,500
75,000
Gross profit% =
25%
40%
40%
(1,800,000)
75,000
(75,000)
-
(750,000)
S17 allowance
112,500
147,000
30,000
INTEREST OUTSTANDING
Interest on $450.000
Interest on $180.000
Interest on $187.500
Interest on $ 75.000
18,000
14,400
4,688
18,000
7,500
7,500
19,088
125