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INCOME TAX ACT (CHAPTER 23:06)

INCOME TAX ACT

Acts 5/1967, 35/1967, 30/1968, 36/1969 (s. 10), 39/1969, 32/1970, 2/1971, 41/1971, 20/1972, 57/1972(s. 34),

8/1973 (Part II), 21/1973, 23/1974, 32/1975, 38/1976, 16/1977, 27/1977, 12/1978, 23/1978, 35/1978, 22/1979,

1/1980, 11/1980, 10/1981, 15/1981, 29/1981, 55/1981, 30/1982, 32/1983, 7/1984, 24/1984, 19/1985, 12/1986,

20/1986, 17/1987, 30/1987, 4/1988, 8/1988, 16/1988, 22/1989, 10/1990, 19/1990, 21/1991, 17/1992, 12/1993,

19/1994, 4/1995, 17/1995, 23/1995, 4/1996, 10/1996, 13/1996, 17/1997, 23/1997, 29/1998, 9/1999, 14/1999,

17/1999, 21/1999, 22/1999, 6/2000, 18/2000, 22/2001, 27/2001, 15/2002, 10/2003, 16/2004, 18/2004, 29/2004, 2/2005, 8/2005, 6/2006, 12/2006, 8/2007, 16/2007, 3/2009, 5/2009, 10/2009; R.G.N.s 217/1970, 50/1971, 57/1971, 387/1971. SI 136/2007.

ARRANGEMENT OF SECTIONS PART I

PRELIMINARY Section

  1. Short title.

PART II

ADMINISTRATION

  1. Delegation of functions by Commissioner.
  2. [Repealed]
  3. Preservation of secrecy.

PART III

INCOME TAX

  1. Levy of income tax.
  2. Calculation of income tax.
  3. Interpretation of terms relating to income tax.
  4. [Repealed]
  5. Special circumstances in which income is deemed to have accrued.
  6. Special provisions in connection with income derived from assets in deceased and insolvent estates.
  7. Circumstances in which amounts are deemed to have accrued from sources within Zimbabwe.
  8. Commissioner may approve of benefit funds and medical aid societies for the purposes of this Act.
  9. Deductions allowed in determination of taxable income.
  10. Cases in which no deduction shall be made.
  11. Special provisions relating to hire-purchase or other agreements providing for postponement of passing of ownership of property.
  12. Special provisions relating to credit sales.
  13. Special provisions relating to persons carrying on business which extends beyond Zimbabwe.
  14. Special provisions relating to insurance business.
  15. Special provisions relating to petroleum operations.
  16. Special provisions relating to special mining lease operations.
  17. Special provisions relating to determination of taxable income of persons buying and selling any property at a price in excess of or less than the fair market price and of non-resident persons exporting products of Zimbabwe without prior sale.
  18. Special provisions relating to determination of taxable income in accordance with double taxation agreements.
  19. Deduction of tax from dividends.

PART IV

TAXES ONSHAREHOLDERS, INTEREST, FEES, REMITTANCES ANDROYALTIES

  1. Non-resident shareholders’ tax.
  2. [Repealed]
  3. Resident shareholders’ tax.
  4. [Repealed]
  5. Non-residents’ tax on fees.
  6. Non-residents’ tax on remittances.
  7. Non-residents’ tax on royalties.
  8. Additional profits tax in respect of special mining lease areas.
  9. Residents’ tax on interest.
  10. Exemption of petroleum operators and affiliates from certain taxes.
  11. Exemption of holders of special mining leases from certain taxes.

36A. Tobacco levy.

36B. Automated financial transactions tax.

36C. Presumptive tax.

36D. Demutualisation levy. 36E. Carbon tax.

36F. [Repealed]

36G. Intermediated money transfer tax.

36H. NOCZIM debt redemption levy.

36I.   Property or insurance commission tax.

36J. Tax on non-executive directors’ fees.

PART V

RETURNS AND ASSESSMENTS

37A. Self assessment.

37B. Duty to keep records.

  1. Notice by Commissioner requiring returns for assessment under this Act and manner of furnishing returns and interim returns.
  2. Income of minor children.
  3. Duty to furnish further returns and information.
  4. Commissioner to have access to all public records.
  5. Returns as to shareholdings.
  6. Duties of companies to furnish returns and copy of memorandum and articles of association.
  7. Duty of person submitting accounts in support of return or preparing accounts for other persons.
  8. Production of documents and evidence on oath.
  9. Estimated assessments.
  10. Additional tax in event of default or omission.
  11. Additional assessments.
  12. Reduced assessments and refunds.
  13. Amended assessments of loss.
  14. Adjustment of tax, etc., payable in pursuance of assessments made before date of commencement of charging Act relating to a year or period of assessment.
  15. Assessments and recording thereof.
  16. Copies of assessments.

PART VI

REPRESENTATIVE TAXPAYERS

  1. Representative taxpayers.
  2. Liability of representative taxpayer.
  3. Right of representative taxpayer to indemnity.
  4. Personal liability of representative taxpayer.
  5. Company or society regarded as agent for absent shareholder or member.
  6. Power to appoint agent.
  7. Remedies of Commissioner against agent and trustee.
  8. Power to require information.
  9. Public officer of companies.

PART VII

OBJECTIONS AND APPEALS

  1. Time and manner of lodging objections.
  2. Burden of proof as to exemptions, deductions or abatements.
  3. Special Court for Income Tax Appeals and proceedings on appeal.
  4. Appeals from decision of Commissioner to High Court or Special Court.
  5. Appeals from determination of High Court or Special Court to Supreme Court.
  6. Decisions not subject to objection or appeal.
  7. Payment of tax pending decision on objection and appeal.
  8. Judge and assessors not disqualified from adjudicating or advising. PART VIII

PAYMENT AND RECOVERY OF TAX

  1. Appointment of day and place for payment of tax.
  2. Payment of provisional tax.
  3. Payment of employees’ tax.

 

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