All persons carrying out business in Zimbabwe are required by law to furnish returns and information. They are also obliged to keep and maintain records of business transactions and proper books of accounts.  The returns, information, records of business transactions and books of accounts should be in English unless dispensation to the contrary has been granted by the courts or the Commissioner.

These records may include but not limited to; Books of accounts ledgers, cash books, journals, paid cheques payroll schedules and employee information, bank statements and deposit slips, stock sheets, invoices, credit notes, debit notes, computer records, bills of entry, consignment notes, and all other books of account relating to any trade.

Taxpayers are required to observe the following:

• All business records and books of accounts be prepared and kept in the English language.
• All business records and books of accounts be kept for a minimum period of six (6) years.
• All business records and books of accounts be open and available for inspection by a ZIMRA officer as may be required
• All business records and books of accounts be available for retrieval, in the original form or copied, by a ZIMRA officer as may be required.
• Where the records and books of accounts are kept on a computer, the officer should have access to them for inspection and/or retrieval from such computer or other computer-related gadgets or media.

1. Please be advised that any person shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment If the person:

• Fails or neglects to furnish, file or submit any return or document required by the Commissioner
• Refuses or neglects to furnish any information, reply to, attend to and give evidence as and when required by the Commissioner or any officer duly authorized by him,

Legal Provision to furnish returns and Information

• Section 39 of the Income Tax Act [Chapter 23:06]
• Section 59 of the VAT Act [Chapter 23:12]
• Section 223 of the Customs and Excise Act [Chapter 23:02]

Legal Provision to keep records

• Section 37B of the Income Tax Act [Chapter 23:06]
• Section 57 of the VAT Act [Chapter 23:12]
• Section 223 of the Customs and Excise Act [Chapter 23:02]

My Taxes, My Duties: Building my Zimbabwe!!

 

Disclaimer

This article was compiled by the Zimbabwe Revenue Authority for information purposes only. ZIMRA shall not accept responsibility for loss or damage arising from use of material in this article and no liability will attach to the Zimbabwe Revenue Authority. 

Who is an immigrant?

“Immigrant” means any person who is a resident of Zimbabwe and enters Zimbabwe on return after having resided the outside country for a period of not less than two years or any shorter period as may be approved by the Minister; (Customs and Excise (Suspension) (Amendment) Regulations, 2022 (No. 257) as contained in statutory instrument 10 of 2022

What is a motor vehicle?

Motor Vehicle is defined as a vehicle admissible under Customs Tariff heading Nos. 87.02, 87.03 and 87.04: Provided that—
(i) Tariff heading 87.02 shall not apply to vehicles designed for transport of fifteen or more people, including the driver; and
(ii) Tariff heading 87.04 shall not apply to vehicles whose gross vehicle weight (GVW) exceed five tonne.

Legislation

On 17 January 2022, the Ministry of Finance and Economic Development published S.I. 9 of 2022 which inserted the following after subsection 10 of section 105 of the Customs and Excise [General] Regulations, 2001:

(11) A rebate may be granted in terms of this section to any person who has previously resided in Zimbabwe, on returning to Zimbabwe, after having resided outside Zimbabwe only if the person left Zimbabwe for a period of not less than two years or any shorter period in the following cases—

(a) to take up employment on appointment or assignment by the government for not less than six months; or

(b) as a diplomat; or

(c) as part of any government peace-keeping force for not less than six months.

 S.I 10 of 2022 -For the purposes of this section, motor vehicles shall be treated as being owned by an immigrant only if such motor vehicle were in physical existence and fully paid for by the immigrant at least six months before the time of his or her arrival.

 (3) Subject to this section, a suspension of duty may be granted in respect of motor vehicles, imported by an immigrant if such motor vehicles— 

(a)  are shown to the satisfaction of the Commissioner to have been owned by such immigrant at least six months before the time of his or her arrival and at the time of their importation; 

 (b) are intended for personal use in Zimbabwe by such immigrant but not for trade or commercial purposes;

 (c) are imported at the time of arrival of such immigrant or at such time as the Commissioner may, in his or her discretion approve;

 (d) have an import value that is not in excess of forty thousand United States dollars.

  (4) No suspension shall be granted in terms of this section in respect of— 

(a) any motor-vehicle imported by an immigrant who is, at the time of his or her arrival, under the age of sixteen years; and 

(b) more than one motor-vehicle imported by an immigrant; and 

 (c) motor vehicles imported for commercial or trade purposes.  

(5) Any suspension under this section shall not be granted more than once during any period of four years.

 (6) Any immigrant to whom a suspension of duty has been granted in terms of this section shall with effect from 1st January, 2022, for a period of 2 years after the granting of the suspension— (a) notify the Commissioner of any change of their residential address within fourteen days of the date of such change; and 

(b) report to the nearest Customs office once every year, failure of which full duty waived at the time of importation shall become due and payable.

 

My Taxes, My Duties: Building my Zimbabwe!!

 

Disclaimer

This article was compiled by the Zimbabwe Revenue Authority for information purposes only. ZIMRA shall not accept responsibility for loss or damage arising from use of material in this article and no liability will attach to the Zimbabwe Revenue Authority. 

The Zimbabwe Revenue Authority engaged members of the media fraternity by hosting editors from different media houses on 30 March 2022 in Harare to equip them with knowledge of tax and customs strategic issues and their impact in the economic and social development matrix of the nation.

Speaking at the engagement workshop, ZIMRA Acting Commissioner General, Ms Regina Chinamasa expressed satisfaction with the media coverage that the Authority gets in the media particularly on issues to do with corruption, smuggling, operations at the ports of entry, road side blitz among other issues.

“We are happy that as our media partners, you have lived up to the journalism principles and observed the sacrosanct philosophies of reportage which are the truthful, objective and fair coverage of stories supported by facts.

However, we believe the media should also consider going deeper in other critical areas that require in-depth analysis and interpretation such as revenue leakages, transfer prices, base erosion and the importance of compliance by individuals and corporates given the broad impact of such moves to the revenue mobilisation agenda,” said Mrs Chinamasa.

She also urged the journalists to do everything necessary when reporting on critical issues to do with ZIMRA to better educate the public from an informed position.

The editors were drawn from the Zimpapers, AMH, AB Communication, Financial Gazette, New Ziana media houses as well as Xinhua News Agency and online newspapers.

ZIMRA undertook this opportunity to share with the media, the ZIMRA Strategy from 2021 to 2025, a key roadmap that gives an indicator of how ZIMRA programs and projects pan out against the National Development Strategy 1 targets and the strides the Authority is making in the digitalisation and transformation of processes to enhance the ease of doing business.

The editors sought clarity on several strategic projects and ZIMRA’s services which were addressed by the executives.

The media engagement is part of ZIMRA 4Ps strategy with one of the Ps being building strategic Partnerships with stakeholders in raising awareness to the public on ZIMRA operations and the media being one of the stakeholders.

Victoria Ruzvidzo, Editor of Sunday Mail

 

Terrence Mapurisana from ZBC Classic 263 radio

A duty drawback is a refund of Customs duties, taxes and fees paid on imported items that are subsequently exported. It is granted on imported goods not used in Zimbabwe and which are exported within two years from the date on which duty was paid thereon. Types of duty drawback 1. Same State Drawback This is when the goods are imported into Zimbabwe and subsequently exported without being used in Zimbabwe. Example: A company imports goods and pays all duties due on importation then later realises that the goods are faulty and decide to export them unused. In this case, the company can apply for a drawback of the duty paid on importation. 2. Industrial Drawback Applies to raw materials imported into Zimbabwe for processing and then the finished products are exported. The materials used in manufacturing must be accounted for to the satisfaction of the Commissioner of the Zimbabwe Revenue Authority (ZIMRA). Example: Company XYZ imports rolls of fabrics and uses it to make dresses and subsequently exports them. A drawback of duty can be applied for, provided the company can account for the fabric imported for use in the manufacture of the dresses. Conditions for drawback of duty • The goods shall not be used in Zimbabwe. • Exportation of goods shall be done within two (2) years from the date on which duty was paid. • The goods shall only be dispatched from a place at which there is a customs house or customs post. The exporter, before the goods are exported, shall tender to an officer at the place from which the goods are to be dispatched an application for drawback on form No. 44, together with the original invoices relative to the goods, in addition to the bill of entry or other documents to be presented prior to exportation. My Taxes, My Duties: Building my Zimbabwe!! Disclaimer This article was compiled by the Zimbabwe Revenue Authority for information purposes only. ZIMRA shall not accept responsibility for loss or damage arising from use of material in this article and no liability will attach to the Zimbabwe Revenue Authority.

Appointment of Public Officers

Section 61 of the Income Tax Act [Chapter 23:06] stipulates that every company which carries on a trade or has an office or other established place of business in Zimbabwe shall at all times be represented by an individual residing therein as a Public Officer. The Public Officer should be appointed within one month from the establishment of the company’s office or other place of business. Such individual shall be appointed by the company or by an agent or legal practitioner who has authority appointment authority and shall have to be approved by the Commissioner. If a company fails to appoint one, the Public Officer of such a company the managing director, director, secretary or other officer of the company as the Commissioner may designate a representative for that purpose.

Role of the Public Officer

• Receive all communications from ZIMRA including every notices, processes or proceedings which may be given, served upon or taken against the organisation, made to the attention of the Public Officer.
• A public officer can be an agent of such company, a person acting or appearing to act in the management of the business or affairs of such company.
• Anything done by the public officer while acting for the company is deemed done by the company which he/she represents. That is, Public Officer is answerable for any omission or commission done or to be done by the company in terms of the tax law.
• Every Public Officer shall be answerable for the doing of all such acts, matters or things as are required to be done by a taxpayer under the Income tax Act. In case of default by a taxpayer the public officer is also liable to the penalties.
• Public Officer acts as the voice or representative of the taxpayer/company/organisation regarding tax matters and represents the company in any meetings with ZIMRA.

ZIMRA Requirements for registration of public officers

All Public Officers must register with ZIMRA. The Authority has put in place instructions for its staff to discuss company tax matters with the Public Officers only, unless authorised by the Public Officer to handle the issues with any other person. Requirements for registration of public officers are as follows:

• Letter of appointment as public officer, stating the full name, identity number (ID) number, residential address and a statement to the effect that the public officer is a signatory to the company’s bank account
• Proof of residence in form of utility bills, support with affidavit if not in your name
• Certified copies of identity documents for Public Officer/ Representative.

 

My Taxes, My Duties: Building my Zimbabwe!!

 

Disclaimer

This article was compiled by the Zimbabwe Revenue Authority for information purposes only. ZIMRA shall not accept responsibility for loss or damage arising from use of material in this article and no liability will attach to the Zimbabwe Revenue Authority. 

Statutory Instrument 68 of 2019, Section 144(V) and SI 12 of 2020 provides for rebate of duty on motor vehicles imported under the Health Service Loan Scheme.

Who qualifies?

1. A Public Health worker in Zimbabwe below the Deputy Director grade.
2. A Public Health worker employed by the Health Service Board and Grant Aided Health Facilities for a period of not less than two years and is not under any disciplinary proceedings or on fulltime Manpower Development Leave.

The Motor Vehicle:

1. Should have been procured using a loan availed under the Health Service Vehicle Loan Scheme managed through CMED (Private) Limited
2. Should be aged less than ten years from date of manufacture at the time of importation
3. Should be admissible under the following Customs Tariff Codes:

• 8703.21.90 –Vehicle with Petrol Engine of cylinder capacity not exceeding 1000cc
• 8703.22.90 -Vehicle with Petrol Engine of cylinder capacity exceeding 1000cc but not exceeding 1500cc
• 8703.23.19 -Vehicle with Petrol Engine of cylinder capacity not exceeding 2000cc
• 8703.23.99 -Vehicle with Petrol Engine of cylinder capacity exceeding 2000cc but not exceeding 3000cc
• 8703.24.90 -Vehicle with Petrol Engine of cylinder capacity exceeding 4000cc
• 8703.31.90 –Vehicle with Diesel engine of cylinder capacity not exceeding 1500cc
• 8703.32.19 -Vehicle with Diesel engine of cylinder capacity exceeding 1500cc but not exceeding 2000cc
• 8703.32.99- Vehicle with Diesel engine of cylinder capacity exceeding 2000cc but not exceeding 2500cc
• 8703.33.90 - Vehicle with Diesel engine of cylinder capacity exceeding 2500cc
• 8703.40.00 – Vehicles with both Petrol Engine and Electric Motor Excluding those capable of being charged by plugging to external source of Electric power
• 8703.50.00 - Vehicles with both Diesel Engine and Electric Motor Excluding those capable of being charged by plugging to external source of Electric power
• 8703.60.00 - Vehicles with both Petrol Engine and Electric Motor capable of being charged by plugging to external source of Electric power
• 8703.70.00 - Vehicles with both Diesel Engine and Electric Motor capable of being charged by plugging to external source of Electric power.
• 8703.80.00 – Electric passenger vehicles
• 8703.90.90 – Any other passenger vehicles
• 8704.21.20 – Diesel Engine Double Cab of GVW not exceeding 5 tonnes
• 8704.21.30 – Diesel Engine Pick-up Truck of payload not exceeding 800kg
• 8704.21.40 – Diesel Engine Pickup truck of payload more than 800kg but not exceeding 1400kg
• 8704.21.50 – Diesel Engine Extended Cab Truck not exceeding 5 tonnes
• 8704.31.20 - Petrol Engine Double Cab of GVW not exceeding 5 tonnes
• 8704.31.30 - Petrol Engine Pick-up Truck of payload not exceeding 800kg
• 8704.31.40 - Petrol Engine Pickup truck of payload more than 800kg but not exceeding 1400kg
• 8704.31.50 - Petrol Engine Extended Cab Truck not exceeding 5 tonnes

1. Only one motor vehicle may be imported under rebate in terms of these regulations in any period of five years.

Maximum amounts per grade: Subsection (2) (a)

Grade of serving health worker	Maximum amount (US$)
E1 and below	3,500
E2—E3	7,500
E4—E5	15,000
F	30,000

On application for rebate to the Commissioner Customs, the following documents should be submitted:

 

1. An application letter
2. Recommendation letter from the Secretary responsible for Health confirming employment
3. Approval letter from Secretary responsible for Finance and Economic Development;
4. Proof of source of funds where the Secretary has directed that the applicant furnishes such proof to him or her.
5. A copy of driver’s license;
6. A proforma invoice and a bill of lading for the motor vehicle being imported;
7. Approval letter from CMED (Private) Limited for the loan made in terms of subsection, in the case of funding from the CMED Health Service Vehicle Loan Scheme, intended solely for the private use of the serving health worker and not for commercial or trade purposes.

In consideration of an application for a rebate under this section, the Commissioner may:

1. only grant a rebate for motor vehicles purchased from traceable and registered car dealers;
2. request for proof of source of funds where the Secretary responsible for Finance and Economic Development has in terms of subsection directed that the applicant furnish such proof to him or her;
3. revalue the motor vehicle in line with the existing customs valuation regulations in cases where he or she suspects undervaluation of the motor vehicle;
4. disqualify any applicant that wilfully undervalues a motor vehicle imported in terms of this rebate.”

My Taxes, My Duties: Building my Zimbabwe!!

 

Disclaimer

This article was compiled by the Zimbabwe Revenue Authority for information purposes only. ZIMRA shall not accept responsibility for loss or damage arising from use of material in this article and no liability will attach to the Zimbabwe Revenue Authority. 

When can a cession agreement be used?

• A Cession agreement may be used where the rights and obligations under an agreement to own a specified asset need to be ceded and assigned to another party.

How does Capital Gain Tax accrue on a cession agreement?

• When one cedes their rights under a cession agreement, capital gains tax has to be accounted for in terms of Section 8 (2) (g) of the Capital Gains Tax Act Chapter [23:01] which states that;

where a person transfers to another person his or her rights in a residential, commercial or industrial stand, whether or not the stand is serviced and whether or not his or her title to the stand is registered under the Deeds Registries Act [Chapter 20:05], he or she shall be deemed to have sold a specified asset to that other person for an amount equal to the whole amount received by or accruing to him or her as a result of the transfer;

 

Who should account for capital Gains Tax under a cession agreement?

• The party ceding their rights to own the specified asset should account for Capital Gains Tax.

 

Documents required for processing of a Capital Gains Tax certificate

• A completed and signed CGT 1 form
• If not registered with ZIMRA a completed and signed Rev 1 form
• Cession/ deed of donation/Offer letter/agreement of sale from the City Council
• Agreement of sale
• Copy of proof of payment
• National identification card for the seller and buyer

 

My Taxes, My Duties: Building my Zimbabwe!!

 

Disclaimer

This article was compiled by the Zimbabwe Revenue Authority for information purposes only. ZIMRA shall not accept responsibility for loss or damage arising from use of material in this article and no liability will attach to the Zimbabwe Revenue Authority. 

The importation of drones by air, road or post requires a license from Civil Aviation Authority of Zimbabwe (CAAZ)?

 

How to clear the drones

Clearance of Drones can be done individually or commercially using registered clearing agents. In both cases, the client needs to register the goods with the relevant Authority. In this case, one needs to visit Civil Aviation Authority Zimbabwe (CAAZ) for registration and clearance with the make, model and serial number of the drone. The Civil Aviation Act (CAP 13:16) regulates the importation of drones.

The Civil Aviation Act (CAP 13:16), defines an “aircraft” to include— (a) all flying machines, airplanes, sea-planes, flying boats, helicopters, gliders and other aircraft designed to be heavier than air; and (b) all airships, balloons and other aircraft designed to be lighter than air;

Section 42 of the same Act vests control of aviation in Zimbabwe in CAAZ in that;

(1) Subject to this Act, no person shall cause an aircraft to— (a) arrive in Zimbabwe; or (b) depart from Zimbabwe; or (c) overfly Zimbabwe; except with the Authority’s permission and in accordance with any terms and conditions specified by the Authority.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

 

Commercial imports are cleared on a Bill of Entry Form 21 through a registered clearing agent. If the goods are less than US$1,000 (one thousand Untied States Dollars), they can be cleared on a commercial Form 49 with the use of the services of a clearing agent.

Private imports of drones can be cleared at the counters without the use of clearing agents. At the post offices, the drone can be cleared on a charged parcel docket Customs officers upon production of the clearance letter.

 

Which documents are required for clearance?

• Invoice from the supplier
• Consignment note/freight statement (where applicable)
• Permits/licences from BAZ and POTRAZ for radio and television broadcasting drones
• CAAZ Clearance Letter for drones.

 

Please Note:

• Drones have to be properly declared and entered for clearance by Customs at the point of entry.

My Taxes, My Duties: Building my Zimbabwe!!

 

Disclaimer

This article was compiled by the Zimbabwe Revenue Authority for information purposes only. ZIMRA shall not accept responsibility for loss or damage arising from use of material in this article and no liability will attach to the Zimbabwe Revenue Authority. 

Section 9JJ of the Customs and Excise Suspension Regulations SI 257 of 2003, (Suspension of duty on specified new buses imported by Tour Operators) was amended by SI 10 of 2022. The new amendments provide for the following:

A “Tour Operator”- means a person or organisation registered with the Zimbabwe Tourism Authority and the Tourism Business Council of Zimbabwe for a period of not less than two years or as approved by the Minister.

 

“Specified bus”- means a new bus of commodity code 87:02 or 87:03 with a carrying capacity of  eight (8) to  fifty-five (55) passengers including the driver imported or taken out of bond by the tour operator.

• The suspension of duty shall be approved by the Minister responsible for Tourism together with the Tourism Business Council of Zimbabwe.
• Approved tour operators are allowed to import new buses of a sitting capacity of at least eight (8) to fifty-five (55) including the driver for the next two (2) years beginning 1^st of January 2022 under suspension of duty.
• Specified buses under suspension of duty shall be cleared at the port nearest to the premises of the tour operator or at such other port as the Commissioner may approve.
• When effecting entry on importation or on removal from bond, the tour operator should submit a bill of entry together with signed declaration stating that the specified bus is new and is to be used only in the tour operator’s business.
• The transfer of the specified buses whose duty had been suspended, to another place of business of the same tour operator can be authorised by the Commissioner.
• Disposing of the specified bus is prohibited within five (5) years of importation unless written authority from the Commissioner is obtained and payment of the duty suspended has been made.
• If the specified bus cannot be economically used for the purpose which it was entered under the suspension, disposal may be authorised by the Commissioner on payment of duty not exceeding the amount of duty suspended as determined by the Commissioner.
• If the bus is accidentally damaged before being used, duty may be remitted if the Commissioner is satisfied that all precautionary measures were taken to prevent the damage.
• The tour operator should provide the below listed to the satisfaction of the Commissioner for the specified buses to be admitted under suspension:
• Complete specifications of each model of specified bus indicating the make, model, engine number and chassis number and
• A completed suspension of duty application in the form specified by the Commissioner.

My Taxes, My Duties: Building my Zimbabwe!!

 

Disclaimer

This article was compiled by the Zimbabwe Revenue Authority for information purposes only. ZIMRA shall not accept responsibility for loss or damage arising from use of material in this article and no liability will attach to the Zimbabwe Revenue Authority.