Lecture Slides
Lecture Slides
Lecture Slides
(CUAC 212)
PROG: BSCAC
LEVEL: 2.2
YEAR : 2017
Food for thought
There are only two things which are certain in
life; death and taxes (Franklin,1789)
END OF CHAPTER 1
CHAPTER 2:GROSS INCOME
2.Gross Income(Section 8)
Gross Income(GI) is the starting point in the calculation
of income tax liability.
Definition(Section 8(1) of the Income Tax Act(ITA))
The total amount received by or accrued to or in favour of a
person or deemed to have been received by or to have accrued
to or in favour of a person in any year of assessment from a
source within or deemed to be within Zimbabwe excluding any
amount so received or accrued which is proved by the taxpayer
to be to be of capital nature.
Components of Gross Income Definition
Total amount,
Received by,
Accrued to,
Deemed to have been received or accrued,
A person
Year of assessment
Source within or deemed to be Zimbabwe
Capital nature
Total Amount(Section 2)
Money and non-monetary items.
Money or;
Furniture sales from a small branch in South Africa, main business is in Zimbabwe 700
Receipt from a Liberian company for construction work done in Zimbabwe 600
Award for a good presentation done during a 2-day workshop in Australia 200
Solution $
• Hotel bookings and meals $2 500*2/5 1 000
• Wife’s touring 500
• Son’s jumping castles 120
• Taxable benefit 1 620
Benefits from employment[S8(1)(f)]
(b) Housing benefit
Employee granted free use of a house by employer.
Benefit is gross income to the employee.
Valuation
(i)Municipal area: Open market rental
(ii)Outside municipal area(e.g farm):
The greater of:
• 12.5% of the employee’s salary or;
• 7% of the cost of construction.
Benefits from employment[S8(1)(f)]
Exemptions
• If conditions of service require employee to stay in a
company house.
• House to staff of a mission hospital or rural clinic.
Operated or sponsored by a religious body or a rural
district council.
(c) Furniture benefit
• Employee is granted free use of furniture.
• Value of the benefit= 8% of the cost of furniture.
• Usually granted together with the housing benefit.
Benefits from employment[S8(1)(f)]
Example
George Mukarati is a finance manager with Matombo Quaries
(Pvt) Ltd, beginning April 2015 he was granted a benefit of
staying in his employer’s house in Greendale suburbs. The rentals
for similar houses average $750 per month. George’s employer
deducts $100 for accommodation from his monthly earnings. Just
before George occupied the house his employer furnished it for a
total cost of $3 600. The house was constructed for $56 000.
END OF CHAPTER 2
CHAPTER 3:EXEMPTIONS
3.EXEMPTIONS(s14 a.r.w 3rd Schedule)
Exemptions are amounts that meet the definition of
Gross Income but;
Which are specifically stated in the ITA to be exempt
from tax.
Exempt income can be categorized in 2 ways:
Example
• Farmer Bindu purchased 200 herd for $140 000 to restock
the herd which was depleted by an epidemic disease.
The CCL was 450 herd .Stock on hand was;
(i) 210 and
(ii) 300.
CHAPTER 10: TAXATION OF FARMERS
10.5.2.2 7th schedule, para. 2 allowances
The schedule allows a 100% deduction of expenditure
incurred by a farmer on;
The stumping and clearing of lands;
Works for the prevention of soil erosion;
The sinking of boreholes and wells;
Aerial and geophysical surveys;
CHAPTER 10: TAXATION OF FARMERS
10.5.2.2 7th schedule, para. 2 allowances
The schedule allows a 100% deduction of expenditure
incurred by a farmer on;
Any water conservation work and any amounts paid by
him towards the cost of any water conservation work
done by any other person for which such farmer has
become liable in terms of the Natural Resources Act
[Chapter 20:13];
Fencing.
CHAPTER 10: TAXATION OF FARMERS
Water conservation work means any reservoir, weir, dam
or embankment constructed for the impounding of
water.
Capital expenditure which qualifies under the 4th
schedule does not qualify under the 7th schedule.
Assets falling under the 7th schedule have the following
qualifying requirements;
Have to be constructed or erected by the taxpayer i.e.
Do not rank for deduction if they are purchased with an
existing farm;
CHAPTER 10: TAXATION OF FARMERS
Assets falling under the 7th schedule have the following
qualifying requirements;
Rank for deduction in full,
Do not suffer recoupment on disposal.
CHAPTER 10: TAXATION OF FARMERS
10.6 Livestock reconciliation
Livestock reconciliation is prepared to compute the
number of closing stock of livestock in each category of
livestock for valuation purposes.
Sample reconciliation;
CHAPTER 10: TAXATION OF FARMERS
• Details Bulls Oxen Cows Tollies Heifers Calves Total
• Opening Balance X X X X X X X
• Purchases X X X X X X X
• Births - - - - - X -
• Promotion in X X X X X X X
• Sub-total X X X X X X X
• Promotion out (X) (X) (X) (X) (X) (X) (X)
• Sales (X) (X) (X) (X) (X) (X) (X)
• Deaths (X) (X) (X) (X) (X) (X) (X)
• Closing stock X X X X X X X
• FSV/ PPV($) X X X X X X X
• Value($) X X X X X X X
CHAPTER 10: TAXATION OF FARMERS
Example
• Miss Mandengu is a Bindura livestock farmer. She has provided
the following details concerning her livestock.
On 1 January 2015 she had the following animals at her farm: 2
bulls, 35 cows, 12 calves, 8 tollies, 17 oxen and 23 heifers.
During the year the following stock movements were recorded:
• 1 bull, 3 cows and 10 heifers were purchased during the year.
20 calves were born during the year. 7 heifers grew into cows, 4
tollies became oxen, 11 calves became tollies and 7 calves
became heifers. 1 bull died due to black leg. 2 oxen were
slaughtered during the year. 3 cows, 9 oxen and 6 heifers were
sold during the year. The bull was purchased for $800.
CHAPTER 10: TAXATION OF FARMERS
• The company had the following standard values for its stock.
• Livestock Cows Oxen Heifers Tollies Calves
• FSV($) 320 400 250 200 80
CHAPTER 10: TAXATION OF FARMERS
Details Bulls Oxen Cows Heifers Tollies Calves Total
• Opening balance 2 17 35 23 8 12 97
• Purchases 1 - 3 10 - - 14
• Births - - - - - 20 20
• Promotion- in - 4 7 12 11 -
• Subtotal 3 21 45 45 19 22 131
• Promotion-out - - - 7 4 18 29
• Sales - 9 3 6 - -
• Deaths 1 2 - - - - 3
• Closing stock 2 10 42 32 15 4 99
• PPV/ FSV ($) 800 400 320 250 200 80
•
CHAPTER 11: TAXATION OF PARTNERS
11.1 Introduction
A partnership is an organisation;
Formed by at least 2 and not more than 20 people,
Who agree to contribute something to a common
business,
With the object of making a profit.
A partnership is not a legal persona.
As such a partnership is not a taxpayer on its own.
CHAPTER 11: TAXATION OF PARTNERS
11.1 Introduction
Partners are taxed on their share of partnership profits.
The income is taxed at a rate of 25.75%.
CHAPTER 11: TAXATION OF PARTNERS
11.2 Accrual of Partnership Income
Section 10(2) of the ITA stipulates that;
Income received by or accrued to a partnership is
deemed to have accrued to partners;
In their profit/loss sharing ratios;
On the accounting date.
11.3 Source of partnership income
Where the partner has rendered his services to produce
the partnership income, CIR v Epstein, 1954.
CHAPTER 11: TAXATION OF PARTNERS
11.4 Returns and assessments
Section 37(15) of the ITA requires persons carrying on
any trade in partnership;
To submit a joint return,
Supported by accounts to show the results for the year
of assessment.
Section 51(5) of the ITA, however,
Provides for separate assessments to be made on each
partner.
CHAPTER 11: TAXATION OF PARTNERS
11.4 Returns and assessments
Each partner is therefore liable to tax only on his
individual capacity.
Each partner is separately and individually liable for the
rendering of the joint return.
CHAPTER 11: TAXATION OF PARTNERS
11.4.1 Death of a partner
When a partner dies,
Accounts are prepared in order to show the results of
the operations of the partnership;
For the period from the last accounting date to the date
of the death of the partner.
CHAPTER 11: TAXATION OF PARTNERS
11.4.1 Calculation of partners’ tax liability
First calculate joint partnership taxable income.
This is calculated in the same way with taxable income
for companies with a few exceptions.
Secondly; Share the joint taxable income to the
partners in their profit/loss sharing ratios.
Then tax the partners on their shares of profit using a
rate of 25.75%.
CHAPTER 11: TAXATION OF PARTNERS
11.5 Allowable deductions
Expenses that are incurred by the partnership for the
benefit of a partner;
Are allowable deductions in the hands of the
partnership and;
Are Gross Income in the hands of the partner who is
benefiting.
However, expenses like premiums for joint life policies
and partners’ drawings are not allowable deductions.
They are also not taxable in the hands of the partner.
CHAPTER 11: TAXATION OF PARTNERS
11.5 Allowable Deductions
11.5.1 Passage Benefits
Where a partnership bears the cost of a travelling by a
partner on a trip for private purposes;
Such cost is considered as distribution of partnership
profit, and as such;
Cost is allowable in the hands of the partnership; but
Taxed in the partner’s hands.
CHAPTER 11: TAXATION OF PARTNERS
11.5.2 Attendance at trade conventions
A maximum of US$2 500 per partner is allowable for not
more than one such convention attended.
11.5.3 Ex-gratia payments to a former partner or
dependent of a former partner S15(2)(q)
Amounts paid to a former partner who would have
retired due to;
Ill-health,
Old age or infirmity;
Is allowed to the partnership up to a maximum of $200.
CHAPTER 11: TAXATION OF PARTNERS
11.5.4 Medical Aid Contribution
Medical aid contributions made by partnership on behalf
of partners;
Are allowable deductions in the hands of the
partnership, and
Are gross income in the hands of the concerned
partners.
The partners can also claim a credit in respect of those
amounts.
CHAPTER 11: TAXATION OF PARTNERS
11.5.5 Subscriptions
Subscription to a sport, professional or trade
association paid by a partnership on behalf of the
partner;
Is allowed to the partnership and taxable in the hands
of the partner.
A partner can claim a deduction in respect of
contributions to trade or professional associations.
CHAPTER 11: TAXATION OF PARTNERS
11.5.6 Private expenditure
Private expenditure incurred by a partner and paid by
the partnership;
Is allowed as a deduction to the partnership and;
Taxed in the hands of the partner.
11.5.7 Insurance premiums
Insurance premiums paid by a partnership for insuring
of its assets is a business expense and is allowable.
However insurance premiums paid to cover the life of
partners is treated differently as follows:
CHAPTER 11: TAXATION OF PARTNERS
11.5.7.1 Joint survivorship policy
If a partnership takes out a joint survivorship policy to
cover;
The joint lives of the partners, and;
Where the partnership is the beneficiary,
Premiums paid in respect of that policy is not an
allowable deduction in the hands of the partnership.
It is also not taxable in the hands of the partner.
CHAPTER 11: TAXATION OF PARTNERS
11.5.7.2 Separate life policies for partners
Where a partnership pays premiums for separate
policies covering the partners,
Such an expense is allowed as a deduction in the hands
of the partnership provided that;
The partners are the beneficiaries of those policies.
The benefiting partner is taxable on the premiums paid
on his behalf.
CHAPTER 11: TAXATION OF PARTNERS
11.5.7.2 Separate life policies for partners
Where partners take separate life policies for their lives
and;
The partnership is the beneficiary,
Such premiums are not allowable to the partnership
even though the partnership pays for the premiums.
They are also not taxable in the hands of the partner.
CHAPTER 11: TAXATION OF PARTNERS
Ceded Policies
Ceded partners policies are policies which were
originally taken by partners for their benefit but;
Have been surrendered to the partnership.
It then means the policies now benefit the partnership.
Such policies are not allowable in the hands of the
partnerships.
Not taxable in the hands of the partner.
CHAPTER 11: TAXATION OF PARTNERS
Motor Vehicle Use
If a partnership buys a motor vehicle which is used for
both private and business by a partner,
The capital allowances on the vehicle are treated as
follows;
The portion for business is an allowable deduction when
calculating joint taxable income.
The portion for private is gross income when calculating
the concerned partner’s taxable income.
CHAPTER 11: TAXATION OF PARTNERS
11.5.8 Summary of allowable deductions
• EXPENDITURE PARTNERSHIP PARTNER
• 1) Part er’s salary Allowable Taxable
• 2) Joint life policies Not allowable Not taxable
• 3) Part er’s life policy – partnership is the beneficiary.
Not allowable Not taxable
• 4) Part er’s life policy – partner is the beneficiary.
Allowable Taxable
• 5) Part er’s life policy – ceded to the partnership.
Not allowable Not taxable
6) Partners interest on Capital Allowable Taxable
7) Drawings Not allowable Not Taxable
CHAPTER 11: TAXATION OF PARTNERS
11.5.8 Summary of allowable deductions
• EXPENDITURE PARTNERSHIP PARTNER
• 8) Interest on drawings Taxable Non deductible
• 9) Rents payable to a partner Allowable Taxable
• 10) Sports subscriptions Allowable Taxable
• 11)Pension contribution Allowable Taxable
Partner can claim deduction up to $5400
CHAPTER 12: CAPITAL GAINS TAX
Administered through the Capital Gains Tax Act[Chapter
23:01].
12.1 Introduction
The definition of gross income in Section 8 (1) of the
Income Tax Act excludes any amount of capital nature.
Receipts and accruals of a capital nature are therefore
not charged Income Tax Act.
CHAPTER 12: CAPITAL GAINS TAX
12.1 Introduction
Certain capital receipts and accruals are subjected to
Capital Gains Tax
With effect from 1 August 1981.
These proceeds are those derived from sale of a
specified asset.
CHAPTER 12: CAPITAL GAINS TAX
Definition of a specified asset
Immovable property like land, buildings, fencing,
durawall, dams, boreholes.
Any marketable securities including;
Bonds,debentures,shares or stocks.
Excludes mining claims.
CHAPTER 12: CAPITAL GAINS TAX
Rate of CGT
The rate of capital gains tax is 20% (Section 38 –Finance
Act).
However, if the specified asset sold was acquired before
1 February 2009,
The rate is 5% and;
Capital gain=Sales proceeds.
CHAPTER 12: CAPITAL GAINS TAX
Framework for the determination of CGT
Is similar to that of determination of taxable income.
CHAPTER 12: CAPITAL GAINS TAX
DETERMINATION OF CAPITAL GAINS (LOSS) FOR THE YEAR ENDED……….
• Total Sales proceeds xxx
• Less: Recoupment (sect. 8 ITA) (xxx)
• Gross Capital Amount(sect.8 CGTA) xxx
• Less Exemptions (sect. 10 CGTA) xxx
• Capital Amount xxx
• Less: Deductions
• Section 11(2)(a)-CGTA xxx
• Section 11 (2)(b)-CGTA xxx
xxx
• Less Capital Allowances (s15 (2)(c) & 7th Sch, para 2 *ITA) (xxx)
xxx
CHAPTER 12: CAPITAL GAINS TAX
DETERMINATION OF CAPITAL GAINS (LOSS) FOR THE YEAR ENDED……….
Capital Amount xxx
• Less: Deductions
• Section 11(2)(a)-CGTA(Cost) xxx
• Section 11 (2)(b)-CGTA(Improvements) xxx
xxx
• Less Capital Allowances (s15 (2)(c) & 7th Sch, para 2 *ITA) (xxx)
xxx
Inflationary Allowance s11(2)(c )
• 2.5% x no# years asset held x cost i.e. s11(2)(a) & (b) xxx
• Selling expenses s 11(2)(d) xxx (xxx)
• Capital gain(loss) xxx
CHAPTER 12: CAPITAL GAINS TAX
12.3.1 Gross Capital Amount Section 8(1)
Gross capital amount means the total amount received
by or accrued to or in favour of a person or deemed to
have been received by or accrued to or in favour of a
person in any year of assessment from a source within
Zimbabwe from the sale of specified assets on or after 1
August 1981, excluding any amount which constitute
gross income.
CHAPTER 12: CAPITAL GAINS TAX
12.3.1 Gross Capital Amount Section 8(1)
The definition of Gross Capital excludes any amounts
included under gross income.
E.g Recoupment.
Only gains from a source within Zimbabwe are taxable.
Thus gains from the sale of shares registered in South
Africa are not from a source within Zimbabwe.
Gains from a homestead in Warren Park D Harare is from
a source within Zimbabwe.
CHAPTER 12: CAPITAL GAINS TAX
12.3.3 Deemed Sales [Sect.8 (2)]
Certain transactions are deemed to be sales;
Notwithstanding the fact that no actual consideration
has been exchanged:
CHAPTER 12: CAPITAL GAINS TAX
12.3.3 Deemed Sales [Sect.8 (2)]
• Section 8(2) (b) Disposal other than by way of sales
• Section 8(2) (c) Expropriation of assets
• Section 8(2)(d) Assets sold in execution of court order
• Section 8(2) (e) Maturity or Redemption of stock
• Section 8(2) (f) Transfer of rights
CHAPTER 12: CAPITAL GAINS TAX
12.3.4 Exemptions (Section 10)
The receipts and accruals of bodies referred to in
paragraphs 1, 2 and 3 of the 3rd Schedule to the Taxes
Act.
Excludes those referred to in subparagraphs (a), (c) and
(f) of paragraph 2;
Receipts from distribution of specified assets in a
deceased estate.
Amounts received or accrued on the sale, by a person
CHAPTER 12: CAPITAL GAINS TAX
12.3.4 Exemptions (Section 10)
The receipts and accruals of a licensed investor from
the sale of a specified asset.
The receipts and accruals of an industrial park
developer.
Receipts from sale of shares from an approved share
ownership scheme by an employee to a trust.
Receipts from sale of a Principal Private Residence(PPR)
by an elderly person.
CHAPTER 12: CAPITAL GAINS TAX
12.3.4 Exemptions (Section 10)
The first $1 800 from sale of marketible securities by an
elderly person( 55yrs and above).
Proceeds from the sale of listed marketible securities.
Proceeds from sale of shares under indigenisation
schemes.
Receipts from the sale of a specified asset used in the
business by a petroleum operator to another.
CHAPTER 12: CAPITAL GAINS TAX
12.3.5 Deductions (Section 11)
(a) Sect. 11(1) Exchange losses:
(b) Sect. 11(2) (a) Cost of Acquisition/Construction:
Includes: initial cost, transfer duty, installation costs
and any other costs incurred in putting the asset to
usable state.
Excludes allowances granted under income tax e.g
Capital allowances and special deductions allowable to
farmers S.15 (2) (z), 7th Schedule, Para.2.
CHAPTER 12: CAPITAL GAINS TAX
12.3.5 Deductions (Section 11)
The cost of an item inherited is deemed to be its value
in the estate of the deceased.
The cost of an asset acquired through a donation is
deemed to be:
The market value of the asset at the time of donation,
for any donation made before 1 August 1981.
The amount included in the donor’s gross income or
gross capital amount, for a disposal after 1 August 1981.
CHAPTER 12: CAPITAL GAINS TAX
12.3.5 Deductions (Section 11)
(c) Sect. 11 (2) (b) Improvements
Expenditure on additions, alterations or improvements
to existing specified assets,
Excludes expenditure on repairs -s 15(2) (b) Income Tax
Act.
Expenditure on immovable property by a company
which owns shares is deemed to be expenditure incurred
on the shares.
CHAPTER 12: CAPITAL GAINS TAX
12.3.5 Deductions (Section 11)
(d) Sect. 11 (2) (c) Inflation Allowance
This section provides for a 2.5% allowance on:
Section 11 (2) (a)-cost
Section 11 (2) (b)-improvements
A 2.5% allowance is also granted in respect of Special
deductions applicable to farmers, para. 2, 7th Schedule.
The allowance is granted in full even if the asset is used
for a period less than a year.
CHAPTER 12: CAPITAL GAINS TAX
12.3.5 Deductions (Section 11)
(e) Sect. 11(2)(d) Selling Expenses
Expenditure incurred by the taxpayer in connection
with the sale of a specified asset, agents commission,
selling expenses etc.
(f) Sect. 11 (2) (e) Bad Debts
Bad debts resulting from a disposal of a specified asset.
The conditions are the same as to those in sect. 15 (2)
(g) of the Income Tax Act.
CHAPTER 12: CAPITAL GAINS TAX
12.3.5 Deductions (Section 11)
(g) Sect. 11 (2) (f) High Court expenses
Payments made to High court on any case appealed by
the taxpayer and;
Successfully or substantially won by him and;
Which is related to capital gains.
(h) Sect. 11 (2) (g) Supreme Court expenses
(i) Sect. 11 (2) (h) Non-taxable gains
A capital gain of $50 or less is not taxable.
CHAPTER 12: CAPITAL GAINS TAX
12.3.5 Deductions (Section 11)
(j) Sect 11 (3) Assessed Capital losses
The taxpayer shall be allowed to deduct any capital loss
brought forward.
The conditions are the same as for Assessed losses under
Income tax[Sect.15(3)].
CHAPTER 12: CAPITAL GAINS TAX
Example
• Nimrod purchased an industrial building on 1 September
2009 for $300 000, and transfer duty of $12 500 was
incurred when the property was purchased. The property
was sold on 1 June 2012 for $800 000. Prior to the sale
the taxpayer had incurred $ 30 000 on rates to date of
sale. Given that allowances previously granted and now
recouped amounted to $ 41 875.
• Calculate any capital gain payable
CHAPTER 12: CAPITAL GAINS TAX
12.4 Damage or destruction of an asset (Section 13)
Where a specified asset is damaged or destroyed;
A sale is deemed to have taken place at a price paid by
way of insurance compensation.
Only applicable where the compensation is greater than
the; cost + cost of additions.
CHAPTER 12: CAPITAL GAINS TAX
12.4 Damage or destruction of an asset (Section 13)
The taxpayer can avoid tax if he;
Uses the whole proceeds from the insurance company to
purchase or construct another asset in replacement,
Before the end of the following year next to that of
deemed sale.
Where the proceeds are partially utilised;
Capital gain tax shall be calculated based on the
CHAPTER 12: CAPITAL GAINS TAX
12.4 Damage or destruction of an asset (Section 13)
Example
• Mr Adamant Mike who is 50 years old purchased a
commercial building in July 2009 at a cost of $200 000. In
August 2011 he constructed a garage on that property at
a cost of $27 000. The main building was gutted by fire on
1 September 2014 and was granted insurance
compensation of $2.4 million.
Calculate Capital gains tax payable, if any.
CHAPTER 12: CAPITAL GAINS TAX
12.4 Damage or destruction of an asset (Section 13)
12.4.1(b) Sect 13 (2)
Where the compensation is insufficient to cover the
cost and cost of additions;
The asset is not assumed to have been sold.
The compensation is used to reduce the cost and cost of
additions of the specified asset damaged/destroyed.
CHAPTER 12: CAPITAL GAINS TAX
Example
• Lima Garufu purchased land and buildings in April 2009
at a cost of $130 000. The building was destroyed by fire
and he was awarded insurance compensation of $110 000
million in February 2016. He uses the compensation to
reconstruct the building at a cost of $110 600 in
November 2016. In January 2017 he sells the property for
$450 000 and incurs $7 250, worth of selling costs.
• What is the position regarding capital gains tax?
CHAPTER 12: CAPITAL GAINS TAX
12.5 Capital gains tax reliefs
Sections 15,16,17,18,19, 21 and 22 can be used by the
taxpayer in;
Reducing tax liability or;
Postponing payment of capital gains tax.
CHAPTER 12: CAPITAL GAINS TAX
12.5 Transfer of assets at values equal allowable
deductions
Under the circumstances below,
The transferor and the transferee may chose to transfer
the specified assets;
At values equal to the allowable deductions;
Notwithstanding the actual selling price;
No CGT is payable.
CHAPTER 12: CAPITAL GAINS TAX
12.5 Transfer of assets at values equal allowable
deductions
However CGT is payable if the specified assets are later
on disposed off to a third party.
CHAPTER 12: CAPITAL GAINS TAX
12.5 Transfer of assets at values equal allowable
deductions
Section 15: Transfer of specified assets between
companies under the same control,
Section 16: Transfer of assets between spouses,
Section 17: Transfer of business property by
individual to a company under his control.
CHAPTER 12: CAPITAL GAINS TAX
12.5.4 Section 18 &19 Suspensive sale allowance
Hire Purchase sales and credit sales
A suspensive sale allowance shall be granted as a
deduction against the capital gain arising from the sale.
The suspensive sale allowance is calculated as follows:
• A/D x (B-C)
• A: Amount not yet due and payable at the end of the
year.
CHAPTER 12: CAPITAL GAINS TAX
12.5.4 Section 18 &19 Suspensive sale allowance
Hire Purchase sales and credit sales
• (B-C)=Capital gain arising from sale.
• D: Total Sales proceeds.
The suspensive sale allowance granted shall form part
of the capital amount in the following year.
CHAPTER 12: CAPITAL GAINS TAX
12.5.4 Section 18 &19 Suspensive sale allowance
• Example
• Mr Numeri Mabasa sold his property during on 30 July 2015 for $120 000, the property
was built at a cost of 80 000 in May 2012. The property was sold with the following
conditions:
• a) 50% deposit was to be paid on the date of sale.
• b) 25% of the selling price to be paid on 30 July 2016
• c) The final 25% of the selling price to be paid on 30 July 2017
• c) The transfer of the property to the buyer will only occur upon full payment of the
purchase price.
• Calculate the capital gains tax for Mr Numeri Mabasa for the years 2015, 2016 and
2017.
CHAPTER 12: CAPITAL GAINS TAX
Roll-over relief (Sect.21 & 22)
An allowance known as a roll-over relief is allowed to
be deducted from capital gain under the following
circumstances;
Sale of a PPR and use of the proceeds to acquire
another,
Sale of a business asset and use of the proceeds to
acquire/construct another asset.
The new asset must be constructed before the end of
the following year.
CHAPTER 12: CAPITAL GAINS TAX
Roll-over relief (Sect.21 & 22)
The roll-over relief is calculated based on the amount
expended(used) using the following formula;
• (A/B)XC
• A: The expended(used) amount
• B: Selling price
• C: Capital Gain on sale of property
Taxable gain=Total Capital gain less Roll-over relief
CHAPTER 12: CAPITAL GAINS TAX
Example
• Murima inherited a principal private residence from his
late father’s estate where it was valued at $34 000 in
2009. In 2010 he made improvements of $3 000. He sold
the house in 2014 for $580 000 and incurred selling
expenses of $23 000.Two months later he purchased a
new bigger residence for $800 000 and incurred transfer
fees of $170 000.
Calculate CGT if the taxpayer made the elections
CHAPTER 12: CAPITAL GAINS TAX
Example
12.5.7 Partial roll over relief
• Suppose the cost of the new PPR was $400 000.
Calculate CGT if the taxpayer made the relevant
elections
CHAPTER 12: CAPITAL GAINS TAX
12.6 Section 22: Withholding tax on Capital Gains
Tax deducted at source on the disposal of specified
assets.
12.6.2 Who should withhold the Capital Gains
Withholding Tax?
A depositary.
CHAPTER 12: CAPITAL GAINS TAX
12.6 Section 22: Withholding tax on Capital Gains
Depositary includes:
Conveyancer, legal practitioner, estate agent, building
societies, Sheriff or Master of the High Court,
stockbroker or financial institution who;
Holds the whole or part of the price paid or payable to
the seller in respect of the specified asset.
CHAPTER 12: CAPITAL GAINS TAX
12.6.3 Rates of Withholding Tax
These are tabulated as follows:
Sale of immovable property 1st February 2009 and 5% of the sale price (this tax
purchased prior to 1st February prior years becomes the final tax for
2009 Capital Gains Tax purposes)
Sale of immovable property 1st February 2009 and 15% of the sale price.
purchased and subsequent years
sold after 1st February 2009
CHAPTER 13: VALUE ADDED TAX
CHAPTER 13: VALUE ADDED TAX (VAT)
Introduction
VAT is;
An indirect tax
Levied on the supply of goods and services.
Levied on imported goods and some imported services.
A form of consumption tax, i.e. levied on consumers.
Levied on each stage of the value chain(on value added).
Triggered by a supply of goods or services in the course of
furtherance of a trade.
Levied under the Value Added Tax Act [Chapter 23:12].
TRADE(Section 2)
Only persons carrying on trade are required to
register for VAT
Trade is a business in the broadest sense.
It includes any activity carried on:
Continuously or regularly.
By any person.
In or partly in Zimbabwe
In the course of which goods or services are supplied to any
other person for a consideration, i.e. some form of payment.
TRADE(Section 2)
Trade includes:
Business transactions to start or close down business.
Ordinary businesses such as: manufacturers, traders,
auctioneers, lessors, construction, etc.
Trades and professions – builders, electricians,
plumbers, doctors, lawyers, accountants, etc.
Non-profit organizations- sporting/ social clubs,
charitable organizations.
TRADE(Section 2)
Trade also includes services by:
Public authorities – government departments, provincial
authorities.
Local authorities.
Charitable organizations.
TRADE(Section 2)
Trade excludes:
Employment
Hobbies
Private occasional transactions, e.g. occasional sale of
domestic/household goods, or private motor vehicle.
Exempt supplies.
Supply to an independent branch outside Zimbabwe.
MECHANICS OF VAT
VAT Formula (section 15)
$
Output Tax X
Less Input Tax (X)
= VAT Due/Refundable X
MECHANICS OF VAT
Example Of VAT Formula
Output tax on sales
($60000 x 15%) = $ 9000
Less
Input Tax On Purchases
($50000 x 15%) = $ 7500
VAT Payable = $ 1500
REGISTRATION(s23)
WHO MAY REGISTER?
Every person trading.
Person includes:-
Company,
Deceased or Insolvent Estate,
Partnership or Joint Venture,
Body of persons, Trusts, Individuals, Welfare
Organisations, Local and Public Authorities.
REGISTRATION(s23)
COMPULSORY
The prescribed annual turnover is reached (currently
$60,000), from normal trade activities.
The trader expects to reach the prescribed annual
turnover within the next 12 months.
A person is only registered once for all the
trades/divisions/branches carried on.
Must be completed within 30 days from the relevant date.
VOLUNTARY
Persons operating below threshold may apply.
It has several advantages.
REGISTRATION(s23)
CONDITIONS FOR VOLUNTARY REGISTRATION
Bank account.
On cessation of trade.
Category A
R/O whose tax period is two months ending Jan, Mar, May,
July, Sept & Nov.
Category B
R/O whose tax period is two months ending Feb, April,
Jun, Aug, Oct & Dec.
TAX PERIODS(s27)
Category C
R/O whose tax period is one calendar month.
Registered operators annual sales amounting to at least
$240,000.00
Category D
Any other period as the Commissioner may approve after
written application.
Examples:
Farming, agricultural and pastoral activities whose
turnover does not exceed $120,000.00 p.a.
DEEMED SUPPLIES(s7)
Goods sold by an auctioneer to recover debts,
Short-term insurance claims.
Repossession of goods sold under a credit agreement,
Subsidies or grants from a local or public authority used in
making taxable supplies,
A disposal of a business due to death or liquidation of an
operator,
Disposal of a business as a going concern.
Transfer of goods or services by a registered operator to an
independent branch situated outside Zimbabwe.
DEEMED SUPPLIES(s7)
Repossessions of goods sold under hire purchase.
Betting.
Goods imported by an agent on behalf of a principal.
VALUE OF SUPPLY(s9)
Value of supply = Consideration less tax.
FEATURES
Words TAX INVOICE inscribed prominently.
Supplier s name, address and registered number.
Recipient s name and address and VAT number
Serial number and date of issue
TAX INVOICE(S20)
FEATURES(cont.)
Description of goods.
Quantity/volume of goods/services.
THANK YOU!