16 No.

12 Finance Act 2011 ACT

Supplement to the Sierra Leone Gazette Vol. CXLII, No. 70
(b) a company registered in Sierra Leone with, at
least, 51% of the shares being held by dated 10th November, 2011
residents of Sierra Leone, whose office is in
Sierra Leone or a co-operative registered in
Sierra Leone";
(iv) by the insertion immediately, after SIGNED this 15th day of September 2011.
subparagraph (ii) of subsection (2) (b)
of the following:–
DR. ERNEST BAI KOROMA,
"(iii) for the purposes of subparagraphs
(i) and (ii), forested land does not President.
qualify"
(b) in the Sixth Schedule -
(i) in paragraph 1, delete all the words after
the words "thirty percent";
(ii) in paragraph 3 (b), add to the words
"non-affiliates" the words "including
recognized financial institutions";
(iii) in paragraph 6, by the substitution for
"one and one half", of "one half".
LS No. 12 2011

Passed in Parliament this 11th day of July in the year of our Lord two
thousand and eleven. Sierra Leone
IBRAHIM S. SESAY,
Clerk of Parliament.

THIS PRINTED IMPRESSION has been carefully compared by me with the Bill
which has passed Parliament and found by me to be a true and correct printed copy THE FINANCE ACT, 2011. Short title.
of the said Bill.
Being an Act to provide for the imposition and alteration of
IBRAHIM S. SESAY, taxation for the year 2011 and for other related matters.
Clerk of Parliament.

[ ] Date of com-
mencement.

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE. ENACTED by the President and Members of Parliament in this
GAZETTE NO. 70 OF 10TH NOVEMBER, 2011.
present Parliament assembled.
2 No. 12 Finance Act 2011 No. 12 Finance Act 2011 3

Commence- 1. Unless otherwise provided, this Act shall be deemed to “If chargeable income is: The tax is:”
ment. have come into operation on 1st January, 2011.
Not over Le 1,800,000 Nil
Amendment 2. The Income Tax Act, 2000 is amended–
of Act No. 8 Over Le 1,800,000 but
of 2000. (a) by the insertion of the following not over 3,600,000 15%
immediately after section 97 thereof :–
Over Le 3,600,000 but
“Failure to 97A. Any person who fails to file a return of not over 9,000,000 25%
file a return income without reasonable excuse, as
of income. determined by the Commissioner- Over Le 9,000,000 30%”
General, shall be liable on conviction to
a fine not exceeding Le5,000,000 or to (d) in paragraph 12 of the Ninth Schedule, by
imprisonment for a term not exceeding 2 the substitution for the penalties prescribed
years or to both". therein of the following:–

(b) by the repeal and replacement of section 100 (i) "section 154, tax evasion - Le 50,000,000
by the following:–
section 155, impeding
“Extention 100 (1) Upon application in writing by the
of time to tax administration - Le 50,000,000
file returns.
tax-payer filed by the due date for a
return, the Commissioner-General may
section 156, failure to
extend the period in which a return of
preserve secrecy - Le 50,000,000
income is to be made by a maximum
period of sixty days upon payment of a section 157, contempt
fee of Le5,000,000. of Board - Le 40,000,000
(2) A taxpayer who fails to file a return within section 158, making
the maximum period of sixty days prescribed false statement - Le 50,000,000
in subsection (1), shall be liable to a
surcharge consisting of the average section 160, failure to
treasury bill rate plus 3% both of the fee for comply with notice or
every day that the failure continues. information requested - Le 40,000,000
(3) The granting of an extension of time under
subsection (1) does not affect the due date section 161, aiding and
for the payment of income tax under section abetting any offence
105". mentioned herein - Le 40,000,000

(c) In the First Schedule, by the substitution for section 162, offence
the rates in Part I thereof of the following:– by tax official - Le 50,000,000
4 No. 12 Finance Act 2011 No. 12 Finance Act 2011 5

(ii) each of the fines prescribed in (a) name and contact address of that person;
subparagraph (i) is subject to the
following qualification:-
(b) Taxpayer Identification Number (TIN);
"rising by the average treasury bond
rate compounded annually".
(c) total prize - money won;
(e) in subsection (1) of section 159 thereof, by
the substitution for the words "ten percent (d) total tax withheld;
of the taxpayer's chargeable income from that
source" of the following:-
(e) tax winnings for the month."
"the higher of ten percent of the annual
turnover from that source and Le 50,000,000
or imprisonment for a term not exceeding one 4. Part II of the Schedule to the Customs Tariff Act 1978 is Amendment
of Act No.
year or both". amended– 16 of 1978.

Amendment 3. The Control of Betting and Lotteries Act, 1969 is amended

of Act No. 3 (a) by the insertion immediately after
of 1969. in section 3A–
paragraph (e) thereof, of the following
(a) by renumbering the existing provision
items with 10% duty and numbered as
as subsection (1); and
paragraphs (e 1) to ( e 9) respectively:-
(b) inserting the following provisions:–
"(2) The deadline for the withholding "for specially prepared infant's food under HS Code 0402.10.21
of any monies under subsection (1) shall for specially prepared infant's food under HS Code 0402.29.21
be not later than fifteen days after the for specially prepared infant's food under HS Code 1901.10.00
end of the month in which the draw is
made or such monies are withheld. for specially prepared infant's food under HS Code 1904.10.10
for specially prepared infant's feeding rusks under HS Code
(3) Section 129 of the Income Tax Act, 2000 1905.40.10
shall apply to the failure to withhold the for specially prepared infant's food under HS Code 2005.10.10
tax imposed by subsection (1).
for specially prepared infant's food under HS Code 2007.10.10
(4) A withholding agent of any prize- for specially prepared infant's food under HS Code 2014.20.10
winning money shall submit to the for specially prepared infant's food under HS Code 2016.90.10"
Commissioner-General the following
particulars in respect of every person to (b) in respect of paragraph (v) (paraffin wax), by
whom any prize winning money is paid, the insertion at the end thereof of the
namely:– following:–
6 No. 12 Finance Act 2011 No. 12 Finance Act 2011 7
" but the import duty of 20% shall be 9. The fees for an auctioneer licence shall be ten million leones Auctioneer
licence fees.
calculated, instead of using the CIF
value, by using the following reference 10. The Goods and Services Tax Act, 2009 is amended as Amendment
follows:– of Act No. 6
values, as appropriate:- of 2009.
(i) 46g (1 x 30 x 8) shall range from $22.5 to (a) in section 17, by the repeal of subsection (5)
$22.8 per carton; thereof;
(b) in paragraph (a) of subsection (1) of section
(ii) 81.2g (1 x 15 x 10) shall range from $25.0
24, by the deletion of the word "taxable";
to $25.5 per carton".
(c) in section 42 (9) (b), for the reference to section
Surcharge on 5. There is hereby imposed on imported right hand - driven
right-hand 42 (1) (b) substitute a reference to section 42
driven vehicles a surcharge of 40% of the C.I.F. value thereof. (1) ( c);
vehicles.
Failure to 6. (1) The requirement for the submission of manifests (d) immediately after section 49 thereof, insert
submit by shipping agents shall be as follows:- the following:–
electronic
manifest (a) Submission shall be within 24 hours after the
49A (1) The Commissioner-General may recover unpaid
arrival of the respective vessel; “Seizure of
assets for GST, penalty or interest by the issue of a warrant
(b) all manifests shall be in electronic form. non-pay- to tax officers specified therein to enter a place
ment of tax and seize the goods and property of the
(2) Any shipping agent who contravenes subsection(1) taxpayer.
shall be liable to a fine of not less than two hundred thousand leones (2) The warrant shall be in the form prescribed in
and not more than two million five hundred thousand leones. regulations under this Act specifying the
taxpayer against whose property the
Abandonment
7. Any person who in the process of clearing imported goods proceedings are authorized, the location of the
of unfinished leaves any declaration form in the Automated System of Customs property and the tax debt to which the warrant
customs Data (ASYCUDA) beyond the normal period of seven days needed relates.
declaration.
to complete the process or abandons such form in the system, commits (3) The Commissioner-General may require a police
an offence, and shall be liable on conviction to a fine of not less than officer to be present while the seizure is being
two hundred thousand leones and not more than two million five conducted.
hundred thousand leones.
(4) A warrant under subsections (1) and (2) may
8. An oil marketing company liable to excise duty levied on only be issued after 14 days from the date the
Excise duty
bond by oil petroleum fuel shall, at the point of discharge thereof from the Commissioner-General notifies the taxpayer in
companies. respective vessel, provide to the National Revenue Authority a bond writing of the Commissioner-General's intention
equivalent to the value of the excise duty as a guarantee for the to proceed with the seizure.
payment of the duty.
8 No. 12 Finance Act 2011 No. 12 Finance Act 2011 9

(5) Subsection (4) does not apply, if the Commissioner- "(e) the issue of an assessment under section 42 (1) (a)
General has reasonable grounds to believe that the collection of tax and ( c)";
is in jeopardy. (f) in section 114, subsection (2) is repealed and
replaced by the following:–
(6) For the purposes of executing a seizure under
subsection (1), the Commissioner-General or any tax officer specified "(2) Notwithstanding subsection (1), 10% of the
total GST revenue collected shall be paid into a
in the warrant may at any reasonable time enter any premises described
separate GST refund account out of which refund
in the warrant authorizing the seizure proceedings: due under this Act, proven overpayment of tax,
Provided that the Commissioner-General or any tax officer payment made by non-taxable persons and
specified in the warrant shall not enter any dwelling house except payments made on non-taxable supplies, can be
with the consent of the owner or occupier or on the authority of an refunded.";
order of a court. (g) in the Second Schedule–
(7) Property which has been seized under this section (i) by the inclusion of the following items
shall be kept for ten days either at the premises where the seizure was in the appropriate categories thereof:-
conducted or at such other place as the Commissioner-General may
consider appropriate at the cost of the taxpayer. (1) baby foods;
(8) If the taxpayer does not pay the tax due together with
(2) exercise books;
the cost of the seizure within ten days of the seizure being made, the
property seized may be sold by public auction or in such manner as (3) raw fish;
the Commissioner-General may direct, the proceeds of sale being
applied first towards the cost of taking, keeping and selling the (ii) in item 7, by the insertion after the word
property seized and then towards the GST, penalty or interest due "condoms" at the end thereof of the
and payable, any remaining proceeds being restored to the owner of following:–
the property.
"as classified in the Harmonised Commodity
(9) Nothing in this section precludes the Commissioner- Description and Coding System".
General from proceeding under any other provision of this Act for
any balance owed if the proceeds of the seizure are not sufficient to 11. Any person importing plant, machinery or equipment for Duty-free
importation
meet the costs thereof and the GST, penalty or interest due, but at any business purpose, excluding resale, shall be entitled to import
any time before execution of the warrant the Commissioner-General them duty-free for any period of five years chosen by that person.
may stay or compound proceedings thereunder.
(10) The period of ten days in subsections (7) and (8) does 12. For the purposes of the Customs Tariff Act, 1978 (by which Definition of
not apply to delay the sale of property which is subject to spoilage"; the import duty of raw materials is fixed at 3%) and, in any other law, “raw
materials”.
the expression "raw materials" is used as applied in the Customs Act No. 16 of
(e) in section 92, paragraph (e) is repealed and Tariff Act, 1978. 1978
replaced by the following:–
10 No. 12 Finance Act 2011 No. 12 Finance Act 2011 11
Investment 13. Paragraph 6 of the Ninth Schedule to the Income Tax Act, (2) An application to remit any accrued profits or
allowance. dividends shall be subject to–
Act No. 8 of 2000 is amended -
2000
(a) by inserting immediately before the word (a) the payment of all relevant taxes, as provided
"investment" the word "new"; by law during the twelve-month period
immediately following the end of the financial
(b) by renumbering the paragraph as paragraph "(a)" year to which the application refers; and
and inserting immediately thereafter the
following:-
(b) any law relating to exchange control at the
"(b) For the purposes of paragraph (a), (1), "new time of the application.
investment" means injecting substantial new
capital for the acquisition of any asset referred 18. The owner of a business or an establishment may employ Foreign staff.
to in the Seventh Schedule". limited competent expatriate staff having skills and expertise not
available in Sierra Leone.
Research and 14. For the purposes of income tax, any expenses incurred on
development research and development by an investor, shall be eligible for 19. (1) All non-citizens in Sierra Leone for more than 182 Work
expenses. permits.
deduction from profits of 100% of the cost incurred up to the extent days in any calendar year, are required to be in possession of work
of profits of the same year the expenditure is made but any unclaimed permits obtainable on application to the Ministry responsible for
amount shall not be available for future deductions. labour.

Training 15. For the purposes of income tax, any expenses on training (2) Subject to subsection (2) of section 17, a foreign
expenses. employee shall be liable to income tax at the same rate applicable to
of local staff in an approved training programme, shall be eligible for
deduction from profits of 100% of the cost incurred up to the extent Sierra Leonean citizens.
of profits of the same year the expenditure is made, but any unclaimed
20. (1) Subject to subsection (2), any expenses which are Promotion of
amount shall not be available for future deductions. exports.
aimed at promoting exports and the supply of goods overseas shall,
Social 16. Any expenses on social services, such as building of for the purposes of income tax, be eligible for deduction from profits
development schools and hospitals and any investment that is outside the scope
expenses.
of 100% of the cost incurred up to the extent of profits of the same
of the original investment and which would be also available to the year the expenditure is made.
general public for use free of charge, shall be eligible for deduction
from profits of 100% of the cost incurred up to the extent of profits for (2) The expenses referred to in subsection (1) shall be
the purposes of the Income Tax Act, 2000.
those in relation to the following activities:–
Remittances. 17. (1) Without prejudice to section 9 of the Investment
Act No. 2 of (a) overseas advertising, publicity and public
Promotion Act 2004, on the cessation of any business, the owner of
2004.
the business or of any foreign or expatriate capital relating to that relations work;
Cap.265
business, shall have the right to remit the value of the business or of
the foreign or expatriate capital involved, as the case may be, subject (b) supplying samples abroad, including delivery
to any law relating to exchange control at the time the application to costs;
remit is made.
(c) undertaking export market research;
 12 No. 12 Finance Act 2011 No. 12 Finance Act 2011 13
(d) preparing tenders for supply of goods (2) A claim for the deduction under subsection (1) shall
overseas; be accompanied by a certificate of disability issued by the prescribed
authority in the prescribed form in respect of the employee with
(e) supplying of technical information abroad; disability.
preparing exhibits and participation costs in
trade or industrial exhibitions, virtual trade (3) For the purposes of subsection (1), "disability" shall
or shows and trade portals and fares for have the meaning assigned thereto in the Persons with Disability
overseas travel by company employees for Act, 2010.
business;
22. (1) Subject to subsection (2), any expenses incurred on Brand
(f) maintaining sales offices and warehouses promoting an export quality standard Sierra Leonean owned product promotion
advertisement.
overseas to promote exports; shall be eligible for deduction from profits of 100% of the cost incurred
up to the extent of profits of the same year the expenditure is made.
(g) hiring professionals to design packaging for
exports, subject to the company using local (2) The expenses referred to in subsection (1) shall be
professional services; eligible only if made in promoting a brand name by making such a
name internationally known, including expenditure on bill-board
(h) undertaking feasibility studies for overseas advertisements in international airports and highways.
projects identified for the purpose of tenders;
23. (1) Income derived from any undertaking under the Infrastructure
projects.
(i) preparing architectural and engineering Public-Private Partnership Infrastructure Projects in excess of twenty
models, perspective drawings and 3 - D million dollars shall enjoy a corporate tax relief for fifteen years.
animations for participating in competitions
at international level; (2) During the period of construction, subject to the
provision of an approved bill of quantities, the importation of plant,
(j) participating in trade or industrial exhibitions equipment and other inputs, excluding petroleum products, shall be
in the country or overseas. duty-free.

(3) The deductions referred to in subsection (1) in respect 24. Any business– LPG and
of the promotion of exports and the supply of goods overseas shall, cookers.
with the necessary modifications, apply to the tourist industry, in (a) assembling stoves or cookers, whether
respect of the costs incurred in the overseas promotion of Sierra fuelled by kerosene or liquefied
Leone as a tourist destination. petroleum gas;

Disabled 21. (1) For the purposes of income tax, there shall be (b) importing or producing liquefied
persons. deducted from the taxable profits of any business or establishment, petroleum gas and;
200% of the actual cost of the remuneration payable to any physically
or mentally disabled employees, up to the extent of the profits of the (c) investing a minimum of US$500,000 and
year in which the expenditure is made, but any unclaimed amount employing a minimum of fifty persons
shall not be available for future deductions. for that purpose;
 14 No. 12 Finance Act 2011 No. 12 Finance Act 2011 15

shall be entitled to import duty-free for any period of three years (ii) by the insertion of the following
chosen by that business, all related equipment for the production subsection:–
and delivery to market of the stoves or cookers, including gas "(3) The incentives granted in subsection (1) shall not
cylinders, briquette machines and cookers. be available to a night club, casino or restaurant
Pharmaceuticals 25. (1) Any business– unless it is an integral part of an eligible hotel".
(b) in section 34 (1) -
(a) manufacturing drugs, medical devices and
(i) by the repeal of the words "that is not
other health-related items according to the easily available in Sierra Leone".
guidelines of the World Health Organization;
and (ii) by the repeal and replacement of the
words "construction and rehabilitation"
(b) investing a minimum of US$500,000.00; and by the words "for a period of three
consecutive years chosen by the
(c) employing a minimum of fifty persons for that investor based on an approved bill of
purpose; quantities".
(c) in section 34 (2) –
shall be eligible for a corporate tax relief not exceeding ten years in
addition to other incentives the business may be eligible for. (i) by the repeal of the words "that are not
easily available in Sierra Leone".
(2) Raw materials for drug manufacturing by the business
referred to in subsection (1), shall be imported duty-free while 28. The Income Tax Act, 2000, is amended– Amendment
of Act No. 8
intermediate goods for the same purpose shall attract duty at the rate (a) in section 31– of 2000.
of 3% for a period of ten years.
(i) in subsection (1) thereof, by the
Solar systems. 26. (1) The importation of photovoltaic system equipment insertion immediately after the word
and low energy or energy efficient appliances for resale or use by "ruminants" appearing in paragraphs (f)
third parties shall be duty-free for a period of three years. and (g) thereof, of the words "cashew,
ginger, chilli, vegetable and tubers";
(2) For purposes of subsection (1), "photovoltaic" refers
to the method of generating electrical power by converting solar (ii) in subsection (2) (b) thereof, for the word
radiation into direct current electricity, using semi conductors that "national" substitute the words
exhibit the photovoltaic effect. "domestic investor";

Amendment 27. The Development of Tourism Act, 1990 is amended - (iii) by the insertion of the following
of Act No. 11 subsection:–
of 1990
(a) in section 30, in subsection (1) thereof, by
the repeal and replacement of the words– "(3) For the purposes of subsection (2) (b), "domestic
investor" means–
(i) "50 rooms and 10 rooms", by the words (a) a natural person of Sierra Leonean citizenship
"50 ensuite bedrooms and 10 ensuite who is resident in Sierra Leone; or
bedrooms" respectively;