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BOTSWANA: Tax treaty with Czech Republic enters into force
On 26 November 2020, the
Botswana – Czech Republic Income Tax Treaty (2019)
entered into force and generally applies from 1 January 2021 for
the Czech Republic and from 1 July 2021 for Botswana.
CAMEROON: Multilateral Convention approved by the National
Assembly
The National Assembly of Cameroon on 20 November 2020 approved a
draft bill for the ratification of the
OECD Multilateral Convention (“MLI“)
(2017).
Cameroon submitted its
MLI position at the time of signature, listing its reservations
and notifications and including five tax treaties that it wishes to
be covered by the MLI.
CAPE VERDE: Decree-Law on binding rulings published
Cape Verde’s Ministry of Finance published
Decree-Law 74/2020 in the Official Gazette on 12 October 2020,
setting out the conditions for taxpayers requesting binding tax
information rulings. The Decree Law became effective on the same
day.
Once the application is submitted, the tax administration is
obliged to respond and notify the applicant within a maximum of 75
days. However, an urgent response within 45 days may be provided
for justified requests, provided that the request is accompanied by
a legal-tax framework proposal. The tax authority must notify an
applicant within 30 days on whether a request is accepted as
urgent.
Once issued, a ruling is binding on the tax administration and
may not be deviated from, except in compliance with a judicial
decision. The term of validity of a binding ruling must be
indicated by the tax administration at the time of issuance. A
binding ruling may expire, however, if there are subsequent changes
in the factual or legal assumption on which the ruling is
based.
CAPE VERDE: Legal regime on electronic invoices amended
Decree-Law No. 79/2020 (Legal Regime of Electronic Invoices) of
12 November 2020 became effective on 13 November 2020 and repeals
Decree-Law No. 42/2006 (Legal Regime for Electronic Invoices) of 31
July 2006 and Regulatory Decree No. 4/2007 (Electronic Invoice
Conditions and Requirements) of 29 January 2007.
The Decree-Law approves the legal regime establishing electronic
invoices and electronic tax documents, as well as the conditions
for their issuance, retention and archiving and regulates the
electronic processing of documents, computer billing and accounting
systems, and filing obligations.
DEMOCRATIC REPUBLIC OF CONGO: Business income tax fourth
instalment payment due
In an Official Statement, No. 01/0045/DGI/DG/DESCOM/MT/2020 of
12 November 2020, the Tax Administration (Direction
Générale des impôts, DGI) has reminded
taxpayers of the 30 November 2020 deadline for the payment of the
fourth and last instalment of business income tax.
The fourth instalment is to be calculated as 20% of the business
income tax paid for the 2019 financial year, including any
additional payment due by the taxpayer. Taxpayers are entitled to
impute their tax credits up to 20% of the amount due.
EAST AFRICA: Revenue authorities agree to develop joint
strategy for the taxation of the digital economy
The 48th East Africa Revenue Authorities Commissioner
Generals Meeting, held virtually on 11 November 2020, reached an
agreement on developing a joint strategy for the taxation of the
digital economy by addressing issues to do with the legal framework
in terms of definitions, identification of players and legal
mechanisms. Other administrative issues to be addressed include
leveraging on technology and building technical skills.
The revenue authorities have also agreed, inter alia,
on the continued use of the alternative dispute resolution
mechanism to unlock revenue, the use of technology and data
analytics to enhance revenue collection, compliance and
identification of potential revenue as well as enhancing support to
taxpayers and fast tracking the integration of domestic taxes
systems in the region.
The East African Community Secretariat is to come up with an
agreed framework on how to address base erosion and profit shifting
and illicit financial flows within the East African Community. This
will be addressed through legislation covering the various business
models and administrative measures.
GHANA: Transfer Pricing Regulations, 2020 published
Transfer Pricing Regulations, 2020, Legal Instrument No. 2412 of
2020, was published in November 2020 and repeal the Transfer
Pricing Regulations, 2012 (L. I. 2188). The repealed Regulations
will continue to apply to an assessment pending under said
Regulations before the entry into force of the new Regulations.
The new Regulations incorporate various revisions introduced by
the July 2017 edition of the Organisation for Economic Co-operation
and Development’s (OECD) Transfer Pricing Guidelines for
Multinational Enterprises and Tax Administrations (OECD Guidelines)
and, inter alia:
- require the consideration of the
allocation of economically significant risks in arrangements of
associated persons in determining the comparability of
transactions; - provide specific factors to be
considered in determining an arm’s-length price for financing
arrangements; - provide transfer pricing rules for
business restructuring; and - require persons who enter into
arrangements with persons with whom they have a controlled
relationship to maintain contemporaneous documentation (information
and documents which exist or were created at the time the person
was developing arrangements which might raise transfer pricing
issues).
IVORY COAST: Tax administration to process VAT credit refunds
from 1 December 2020
In a statement issued on 23 November 2020, the General Director
of the Ivorian Tax Administration (Direction
générale des Impôts, or
“DGI)” has informed taxpayers eligible for value-added
tax (“VAT“) credit refunds to submit
their requests only online from 1 December 2020 via the DGI
website.
Assistance and additional information are available at the tax
teleservices centre (Centre des Téléservices
Fiscaux).
KENYA: Court of Appeal rules that bank interchange fees and
payments to international credit card service providers are liable
to withholding tax
In its judgment of 6 November 2020 in Commissioner of
Domestic Taxes (Large Taxpayer Office) v. Barclays Bank of Kenya
Ltd [2020] eKLR, the Kenyan Court of Appeal held that
interchange fees between banks are management and professional
fees, and that payments to international card services providers
(Visa International Services Association, MasterCard Incorporated
and American Express Ltd) are royalties for the use of their trade
marks and are, therefore, subject to withholding tax.
The court based its decision on the view that, for Barclays Bank
to access and participate in any of the networks set up by the card
companies, it must use the particular company’s cards bearing
that company’s trade marks and logos, which are distinct and
distinguish one card company from the other. The debit and credit
cards issued by the bank to its customers bear the distinct logos
and trade marks of the respective card companies and it is the
court’s view, from the trade mark agreements referred to, that
this is a precondition for the bank to access and use the card
networks.
The court was satisfied that the KRA was able to demonstrate
that the relevant transaction fee constituted payment for the right
to use the card companies’ trade marks and logos, which
constituted a royalty for the use of a trade mark.
It was the court’s view that while paying interchange fees,
the bank, who is both an issuer and an acquirer, is actually acting
in his latter capacity. There is clear co-ordination, managerial,
professional, and contractual services rendered by the issuer to
the acquirer, for which the latter pays. The KRA proved that those
payments by the bank in its capacity as acquirer to the issuer
banks, satisfy the definition of management and professional fees
as defined in the Income Tax Act.
KENYA: Public notice on fringe benefit tax issued
The KRA issued a public notice on fringe benefit tax and deemed
interest rates on 28 October 2020. The public notice provides
that:
- in relation to fringe benefit tax and
for the purposes of section 12B of the Income Tax Act, a market
interest rate of 6% is applicable for October, November and
December 2020; - in relation to deemed interest rate
and for purposes of section 16(5), that a prescribed rate of
interest of 6% is applicable for the months of October, November
and December 2020; and - the withholding tax rate of 15% on
the deemed interest shall be deducted and paid to the KRA by
20th of the month following the month of
computation.
MAURITIUS: Deferment of tax payment and renewal of tax arrears
settlement scheme announced
The Mauritius Revenue Authority
(“MRA“) issued a
Communiqué on 6 November 2020 announcing a deferment of
tax payment and the renewal of the tax arrears settlement
scheme.
According to the Communiqué, the MRA has taken the
following measures to assist taxpayers and employers in improving
their cashflow by deferring tax payments under the Advance Payment
System (“APS“), the Current Payment
System (“CPS“), and by renewing the Tax
Arrears Settlement Scheme (“TASS“):
APS
- The last date for the submission of
APS statements and payment of the corresponding tax by companies
for any quarter where the due date falls in November 2020, and up
to May 2021, is being deferred to 28 June 2021. - Companies whose accounting period
ends in November 2020 are not required to submit an APS statement
for the third quarter ended in August 2020. They will have to
submit their annual income tax return by 31 May 2021.
CPS
- Individual taxpayers are not required
to submit CPS statements where the due date falls in December 2020,
March 2021 and June 2021. The tax payable will be paid at the time
of submission of annual income tax returns in September/October
2021.
TASS
- Where tax arrears, outstanding as at
31 October 2020, under an assessment issued or a return submitted
on or before 31 October 2020 under the Income Tax Act, the VAT Act
and the Gambling Regulatory Authority Act, are fully paid by a
person on or before 31 December 2021, any penalty and interest
included in the tax arrears will be fully waived, provided that an
application for the waiver is made to the MRA on or before 30 June
2021. - Taxpayers having assessments pending
before the Assessment Review Committee, the Supreme Court or
Judicial Committee of the Privy Council, and who wish to take
advantage of the scheme, may do so by withdrawing the case before
these institutions. - Where the arrears, outstanding as at
31 October 2020, consist of training levy and/or surcharges payable
under the Human Resource Development Act, the surcharges shall be
reduced by 80% provided that an application for the reduction is
made to the MRA on or before 30 June 2021 and the outstanding
training levy along with the balance of surcharges is paid on or
before 31 March 2022.
NAMIBIA: Electronic filing tax relief programme for outstanding
taxes launched
The Ministry of Finance on 4 November 2020 issued a media
release providing for relief to taxpayers with outstanding
balances, with effect from 1 February 2021. The relief measures
include:
- taxpayers with outstanding taxes can
take part in the relief programme which is applicable to all taxes
administered by the Inland Revenue Department
(“IRD“); - the Ministry of Finance will write
off and reverse all penalties for taxpayers who settle the capital
amount within a period of three months from 1 February 2021. The
benefit also applies to taxpayers who settle their capital before
the commencement date and only have outstanding interest; and - for taxpayers who settle the capital
amount within a period of 12 months from 1 February 2021, the
Ministry of Finance will write off 75% of the interest balance and
reverse all penalties.
No capital amount owing to the IRD will be written off and
therefore, taxpayers who fail to settle the outstanding capital
will not benefit from the relief programme. Penalties and interest
settled or set off prior to the effective date of the relief
programme shall not be refunded or credited to the account.
Taxpayers are required to first register as electronic filers on
the Integrated Tax Administration System to qualify for the relief
programme.
NIGERIA: Proposed Finance Bill 2020 to presented to National
Economic Council
The Federal Government on 19 November 2020, presented the
proposed Finance Bill, 2020 to the National Economic Council
Meeting, following the approval of the Bill by the Federal
Executive Council the previous day.
Key proposals include:
- a 50% reduction in minimum tax rate
from 0.5% to 0.25% of gross turnover for financial years ending
between 1 January 2020 and 31 December 2021; - exemption of small companies with
less than ₦25million turnover from payment of tertiary
education tax under the Tertiary Education Trust Fund
(Establishment, Etc.) Act, 2011; - granting of tax relief to companies
that donated to the COVID-19 relief fund under the Private Sector
Coalition against COVID; - introduction of software acquisition
as a qualifying capital expenditure to improve the ease of doing
business; and - reduction in the rate of import
duties payable on tractors and motor vehicles to 10% and 5%,
respectively.
The Bill is to be presented to the National Assembly for review
and passage.
SAO TOME AND PRINCIPE: Tax Directorate releases Binding
Information excluding leases from consumption tax
The Sao Tome and Principe Tax Directorate has issued a Binding
Information on 25 September 2020 clarifying that lease agreements
are not subject to the consumption tax on the basis that article 1
of the General Tax Code, which levies the consumption tax on the
provision of services, refers only to tangible movable property and
omits immovable property in defining services.
SEYCHELLES: Circular on lodgement programme for 2020 tax
returns published
The Seychelles Revenue Commission
(“SRC“) recently published a circular to
all tax agents regarding the lodgement programme for 2020 tax
returns and other forms.
The circular provides that: the SRC is launching its extended
lodgement programme for 2020 business tax returns and other tax
related forms throughout the year 2021 and all tax agents are
invited to submit their 2021 client listing of 2020 returns to be
lodged throughout the year 2021 by close of business on 31 December
2020, as per the 2021 lodgement program procedures and additional
points attached to the Circular.
TANZANIA: Tribunal rules Board has no jurisdiction over tax
waiver appeals
The Tax Revenue Appeal Tribunal in Commissioner General
(TRA) vs. Mek One, Tax Appeal Nos. 69 & 70 of 2019,
confirmed its earlier position that the Tax Revenue Appeals Board
has no jurisdiction to hear and determine waiver rejection appeals
on account that such appeals are not emanating from objection
decisions as required by the Tax Revenue Appeals Act.
Under Tanzanian tax law, it is a mandatory requirement for a
taxpayer intending to file an objection against an assessment
issued by the Commissioner General to deposit one-third of the
amount assessed or tax not in dispute (whichever is greater), or
obtain a waiver to make such a deposit. Uncertainty exists as to
what an aggrieved taxpayer should do when an application for a
one-third waiver is rejected by the Tanzania Revenue Authority as a
result of an inconsistent position by tax courts on whether an
aggrieved taxpayer can directly appeal a waiver decision to the Tax
Revenue Appeals Board or is required to file a second objection
before appealing to the Board.
UGANDA: Uganda Revenue Authority issues guidance on the payment
of stamp duty by professionals
With effect from 1 July 2020, professionals in Uganda are
required to pay stamp duty on every professional license or
certificate at an amount of UGX100 000 per annum, following an
amendment to the Stamp Duty Act, 2014.
The Uganda Revenue Authority (“URA“)
recently published a detailed notice on its
website guiding professionals on how to acquire a declaration
form using the URA web portal, make payments and generate a stamp
certificate.
UGANDA: Interest paid by the National Social Security Fund to
its members is an allowable deduction
On 2 November 2020, the High Court of Uganda ruled in
National Social Security Fund
(“NSSF“) vs URA (Civil Appeal No.
29 of 2020, arising from TAT application No. 3 of 2019) that
interest paid by the NSSF to its members is a deductible expense
for income tax purposes.
The court had to consider, inter alia: whether interest incurred
by the NSSF when paying its members formed a debt obligation;
whether this interest was deductible for tax purposes; and whether
the amounts received is gross income in the hands of the NSSF.
It was the court’s view that the Income Tax Act provides a
clear and unambiguous definition of a debt obligation and that
contributions of the members of the NSSF constitute a debt
obligation and any interest payments incurred due to this is an
allowable deduction under section 25 of the Income Tax Act.
On the issue of whether the interest formed part of the gross
income of the NSSF, the judge stated that the nature of business of
the NSSF ought to have been examined since the NSSF mainly receives
contributions for employees as specified under the NSSF Act and it
is these amounts that are invested in various ventures on which the
members earn interest. These earnings form part of the gross income
of the NSSF and it is therefore clear that the interest deducted is
part of the production of this income.
ZAMBIA: New customs regulations on exportation of maize
published
Customs and Excise (Suspension) (Maize) Regulations, 2020,
Statutory Instrument No. 90 of 2020 was published on 6 November and
are effective from 20 September 2020 to 31 December 2020.
The Regulations suspend the export duty on maize exports by
various farms in Zambia to 0%, provided certain quantities from
each farm, as specified in the Regulations, are exported.
ZIMBABWE: Finance Act, 2020 published
The Zimbabwe Revenue Authority has published the
Finance Act 2020 (Act No. 8 of 2020), which was gazetted on 28
October 2020.
Significant amendments include:
- the introduction of the following new
individual income tax tables for employment income in Zimbabwe
dollar (ZWD) or foreign currency (USD reference) with effect from 1
August 2020:
A
- splitting the year of assessment for
employment income beginning on 1 January 2020 into the seven-month
period 1 January to 31 July 2020 and the five-month period 1 August
to 31 December 2020; - the introduction of new non-resident
shareholders’ (withholding) tax rates on dividends effective 1
August 2020:- 10% in the case of a dividend
distributed from a security which, on the date of distribution, is
listed in the official list kept by a registered securities
exchange (other than the Victoria Falls Stock Exchange) in terms of
the Securities and Exchange Act; - 5% in the case of a dividend
distributed from a security which, on the date of distribution, is
listed in the official list kept by the Victoria Falls Stock
Exchange; and - 15% in the case of any other
dividend;
- 10% in the case of a dividend
- the introduction of changes to the
intermediated money transfer tax
(“IMTT“) effective 1 August 2020,
including:- new IMTT flat rates effective are
ZWD50 000 on single transactions exceeding ZWD2.5-million and USD2
000 on single transactions exceeding the equivalent of USD100 000;
and - the IMTT exemption for local
transactions is set at a transaction value of ZWD300 or USD5 or
below.
- new IMTT flat rates effective are
- the introduction of new rules for the
taxation of certain income deemed to be from a source within
Zimbabwe, including income derived from persons resident in
Zimbabwe by non-resident e-commerce platform operators. Such
non-residents or their representative taxpayer are required to
submit a return in the prescribed form, declaring total income
derived in every quarter of a year of assessment by the following
deadlines provided for the payment of tax due, which must be paid
in foreign currency:- the first quarter payment shall be
paid on or before 25 March in the relevant year of assessment; - the second quarter payment shall be
paid on or before 25 June in the relevant year of assessment; - the third quarter payment shall be
paid on or before 25 September in the relevant year of assessment;
and - the fourth quarter payment shall be
paid on or before 20 December in the relevant year of
assessment;
- the first quarter payment shall be
- limiting the deduction of donations
in the determination of taxable income to the ZWD equivalent of
USD100 000 with effect from the year of assessment commencing on 1
April 2020, and - an exemption from capital gains tax
for amounts received or accrued on the sale or disposal of any
shares or other marketable securities listed on the Victoria Falls
Stock Exchange with effect from 1 August 2020.
Sources include IBFD’s Tax Research Platform; www.allafrica.com;
http://tax-news.com
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