Business Taxation - GZU
Business Taxation - GZU
1 Compiled by T T Herbert (0773 038 651 / 0712 560 772 / 0734 521 688)
4.2.6 Not of a capital nature
It is important to distinguish between capital and revenue expenditure. Capital expenditure increases
the earning capacity of a business whereas revenue expenditure merely maintains the earning capacity
of the business. Put simply, revenue expenditure does not improve or prolong the life of an asset but
simply allows the asset to run.
4.3.3 Expenditure to acquire a right to use someone else property [Section 15(2) (d)-(e)]
To be allowed as deductions are expenditure incurred by a taxpayer who is a tenant (lessee) on; rentals,
lease premiums and lease improvement. Lease premium and lease improvements are spread over the
lease period or 10 years, whichever is less.
4.3.5 Pension and Retirement Annuity Fund Contributions [Section 15(2) (h) arw 6th Schedule]
The maximum allowable deduction is $5,400 per employee per annum
2 Compiled by T T Herbert (0773 038 651 / 0712 560 772 / 0734 521 688)
4.3.7 Medical Aid Societies Contributions [Section 15 (2) (j)]
The amount of any contributions paid to a Medical Aid Society by an employer in respect of his
employees or their dependents.
AxB
C
Where
A = the amount of the tax payer’s contributions
B = the amount incurred by the other person, which would have been allowed as a deduction in terms of
Section 15 (2) (m) above
C = is the total amount of the expenditure incurred on experimenting and research
4.3.12 Voluntary payments to ex-employees and/or their dependents [Section 15 (2) (q)]
Any amount paid during the year of assessment by way of annuity, allowance or pension is deductible
subject to the following
The employee or partner must have retired because of ill-health, infirmity or old age
The amount allowed is restricted to US$500 per tax year for each former employee
3 Compiled by T T Herbert (0773 038 651 / 0712 560 772 / 0734 521 688)
In the case of payments to ex-partners or dependents or persons who were dependent on a retired
or deceased former employee or partner the annual restriction is US$200 in respect of all
dependents of each ex-employee or ex-partner.
In all cases the amount allowed is reduced by any obligatory payments (e.g. pension or annuity) received
during the year by the ex-employee or dependent from any fund of the former employer.
4 Compiled by T T Herbert (0773 038 651 / 0712 560 772 / 0734 521 688)
4.3.19 Subscriptions [Section 15 (2) (s)]
A deduction is allowed for subscriptions paid by a tax payer in respect of his continued membership to
any business, trade, technical or professional association. Entrance fees are not allowable.
4.3.22 Trading Stock acquired other than in the ordinary course of trade [s.15 (2) (v)]
A deduction shall be allowed from the income derived by the tax payer in a year of assessment, for stock
acquired by way of inheritance and mixed with the taxpayer’s trading stock. The amount of deduction
shall be the value as in the deceased estate or in the donor’s hands.
5 Compiled by T T Herbert (0773 038 651 / 0712 560 772 / 0734 521 688)
4.3.26 Expenditure Not yet Incurred [Section 15 (2) (cc)]
Expenditure may normally be claimed as a deduction only in the year in which it is incurred. An
exception is provided in cases where income accrues in one year assessment in respect of services to be
rendered or goods to be delivered in a subsequent year and it is known that expenditure related to such
income will be incurred in subsequent years. An allowance for such expected costs may be claimed in
the year of accrual of the income but subject to the following:
The amount of the allowance will be at the discretion of the Commissioner (not subject to objection
or appeal
Expenditure of a capital nature is ignored
Current expenditure, which relates directly to future tax years’ income and which would have been
claimable in the current tax year, is set off against the allowance and
Any allowance granted is brought back into income in the following year
6 Compiled by T T Herbert (0773 038 651 / 0712 560 772 / 0734 521 688)
there are restrictions; the tax payer may not carry forward an assessed loss in the following
circumstances
After 6 years from the date it was incurred, except in mining where it can be carried forward
indefinitely.
If the tax payer has been declared insolvent.
Upon the death of the tax payer
Where the tax payer has assigned his assets or business for the benefit of creditors.
Where there has been a change in shareholding by the company with an assessed loss and the
Commissioner is of the view that the change is to take advantage of the loss.
7 Compiled by T T Herbert (0773 038 651 / 0712 560 772 / 0734 521 688)
i) The rent of, or cost of repairs, or expense incurred on, any premises not occupied for trade or of
any dwelling or domestic premises except in respect of such part as may be occupied for the
purposes of trade
j) The cost of securing sole selling rights. An example is the cost as might be incurred by a petrol
company in payment to a service station which then sells only that company’s brand of petrol
k) Amounts, in excess of US$10,000 paid for leasing a “passenger motor vehicle” (as defined in the
fourth schedule) where the lease was entered into on or after 1st January 1999.
l) The cost of any shares awarded by the company to an employee or director. This prohibition
would counter any claim for a deduction by a company in respect of either an issue of its own
or, an award in another company (for related companies)
m) Expenditure incurred on entertainment whether directly or by the provision of an allowance to
any employee including a director. “Entertainment” is defined as including “hospitality in any
form”. a deduction is therefore clearly precluded in respect of the cost of for example, a lunch
for business associates, despite the host’s purpose being the furtherance of trade relationships
n) Expenditure incurred in the production of any income arising from stocks or shares of any
company. Dividends from foreign companies, which are liable to income tax in the hands of a
taxpayer ordinarily resident in Zimbabwe, are taxable (at a flat rate; without any deduction for
related expenditure . the latter could be a minor matter such as bank charges, or more
substantial such as interest payable on monies borrowed to purchase shares.
o) Expenditure incurred in the production of interest on any loan or deposit with local financial
institution
8 Compiled by T T Herbert (0773 038 651 / 0712 560 772 / 0734 521 688)
Theft by employees (pilferage or embezzlement) Theft by director, shareholder, partners
Retrenchment package (if the company is Retrenchment package ( if the company is closing)
continuing
Discount allowed Advertising of a share offer
Realised foreign exchange losses on foreign debts Unrealised foreign exchange losses
Donations: Re-connection fees
National bursary fund (no limit)
National scholarship fund (no limit) Travelling expenses to buy fixed assets
Charitable organisation under the Ministry of Legal fees for company formation
health and child welfare up to a maximum of Undercover parking (capital allowances can be
$100,000 claimed)
Schools, hospitals, clinics (for the state) up to a Improvements or renovations (capital allowances
maximum of $100,000 can be claimed)
Public private partnership fund limited to $50,000
Destitute or homeless person Rehab fund limited
to $50,000
Donations and contributions made from purely Donations to a political party, churches, social
business motive not charitable motive activities
Repaving of parking area Paving of buildings (capital allowances can be
claimed)
Research and experiments expenditure or
contributions for research and expenditure related
to trade allowable to a limit of $100,000 each (this
excludes capital expenditure on assets)
Cost of preparing returns Professional advice on income tax matters
Cost of preparing accounts (financial statements) Architect fees
Consultancy fees ( if related to business) Restraint of trade
Connection fees (e.g. telephone fees) Excessive directors’ fees and other remuneration
Pre-production expenses (allowable if they are Loans to directors written off (if the company’s
incurred within 18 months before commencement business is not money lending)
of trade and should not be of a capital nature)
Inventory (allowable at the estate value) Exchange loss on acquisition of fixed assets (capital
allowance may be claimed)
Royalties Installation costs
Rentals (allowable, if the property is put into use) Rentals for property not being utilised
Bank charges Inducement fee
Audit fees Trademark registration
Repairs and maintenance Underpinning foundation of buildings (capital
allowance may be claimed)
License renewals Initial business license
Trade conventions up to $2,500 per annum Expenditure on foreign business
9 Compiled by T T Herbert (0773 038 651 / 0712 560 772 / 0734 521 688)
Lessor’s cost of drawing up a lease agreement Tenant’s cost of drawing up a lease agreement
Educational grants or bursaries (if related to trade Life assurance premium on the life policy of MD
and beneficiary is not a near relative of a director where the company is a beneficiary or where it is
or shareholder) a cousin is deemed not to be a ceded to the company.
relative
Purchase of protective clothing Waiver of debt
Valuation fees for insurance purposes Purchase price of an annuity
Tax reserve certificates
Costs of successfully suing the COT Costs of unsuccessfully suing the COT
Cost of removal of stock or minor removals on Cost of removal and re-erection of partitions
assets within the same premises
Contributions made towards the cost of a private
railway siding in which ownership remains with
NRZ
Ex-gratia payments (voluntary payment by way of
annuity, allowance or pension made by an
employer to an ex-employee or ex-partner who
retired due to illness, infirmity or old age or to
dependents of the ex-employee or ex-partner.
Maximum allowable deduction:
Ex-employee $500 p.a
ex-partner $200 p.a
Dependent(s)[for all dependents] $200 p.a
10 Compiled by T T Herbert (0773 038 651 / 0712 560 772 / 0734 521 688)
Xxx
Less: Non-taxable income
Bank interest xxx
Dividends received xxx
Export incentives xxx xxx
xxx
Less: Allowable deductions (section 15)
Capital allowances xxx
Other allowable deductions (excluded from accounts) xxx xxx
Taxable income xxx
Turnover for the year ended 31 December 2014 amounted to US$1 980 000 of which US$700 000
related to export sales. EBI is trying to increase its turnover from export sales through participation in
11 Compiled by T T Herbert (0773 038 651 / 0712 560 772 / 0734 521 688)
foreign market trade fairs as well as other marketing campaigns. The gross profit margin for the year
ended 31 December 2014 was 60%.
EBI recorded a net profit of US$315 000 for the year ended 31 December 2014 after taking into account
the following transactions:
i) Net rental income of US$280 000 received from the leasing of one wing of the head office
building situated in the central business district (CBD) of Harare.
ii) A refund of US$20 000 representing value added tax (VAT) overpaid for the year.
iii) Net interest received from local commercial banks of US$10 000.
iv) The registration of three trademarks, ‘Cleanex’, ‘Perfect’ and ‘Alfresh’, at a total cost of
US$30,000 in respect of EBI’s personal hygiene soaps. The market research expenses incurred in
connection with the development of these soaps amounted to US$65 000. ‘Alfresh’ is a hygienic
wet paper soap developed specifically to assist in the efforts to fight cholera and other
waterborne diseases in areas where there are erratic water supplies.
v) A donation of US$120 000 to a local council school as part of EBI’s corporate social responsibility
programme.
vi) Depreciation of fixed assets of US$67 000.
vii) Marketing costs of US$88 000. US$25 000 of these costs were incurred when the export market
development manager attended two trade conventions and one trade mission as part of EBI’s
efforts to increase its export sales. The trade mission was duly approved. The remaining
US$63,000 of costs were incurred in marketing EBI’s soaps to foreign markets.
viii) General repairs and maintenance costs amounting to US$140 000. US$28 000 of this amount
was incurred in underpinning the office building to strengthen its foundations against
subsidence.
ix) Exceptional costs amounting to US$290 000 as a result of the production manager incurring an
injury whilst working on one of the production lines in the factory. The production manager was
rendered incapacitated as a result of the incident. EBI settled out of court and US$250 000 of
the costs relate to a payment made to the production manager in full settlement of the case.
US$50 000 of the US$250 000 out-of-court settlement was paid in order to prevent the
production manager from setting up a similar business in competition with EBI. The remaining
US$40 000 of costs represent fines imposed by the factory inspectorate following the incident.
The production line was also condemned as a result.
x) Rental expenses paid for the canteen building and equipment amounting to US$48 000. The
canteen is owned by another company. Other canteen expenses amounted to US$75 000 for the
year.
xi) Interest paid of US$30 000. The interest was incurred in respect of EBI’s US$200 000 overdraft
facility. US$100 000 of the facility was applied towards recurrent expenditure while the other
US$100 000 of the facility was applied towards the cost of a new showroom (see additional
information note 2, below).
xii) Other expenses incurred during the year amounted to US$230 000. ZIMRA considers 40% of
these expenses to be prohibited for tax purposes.
12 Compiled by T T Herbert (0773 038 651 / 0712 560 772 / 0734 521 688)
Additional information
(1) EBI’s projected taxable income for the year ended 31 December 2014 amounted to US$360 000. The
accountant remitted the provisional tax for the three quarterly payment dates (QPDs) on time but,
due to the pressures of year-end work, forgot to submit the return for the final QPD. The accountant
also omitted the brought forward assessed loss from his computations of the provisional tax.
(2) During the year a showroom was constructed in close proximity to EBI’s factory building. The
showroom is used to display the soaps from the factory as well as for storage purposes pending
shipment to various destinations.
The showroom was constructed at a total cost of US$100 000 and was wholly funded by EBI’s
overdraft facility. The showroom was brought into use on 1 August 2014. EBI has made all tax
appropriate elections in connection with the showroom.
(3) Details of EBI’s other fixed assets are provided below. These were all acquired/constructed during
the year ended 31 December 2013:
Cost (US$)
Factory building 200 000
Plant and machinery (operates two shifts) 110 000
Office building 120 000
Furniture and equipment 60 000
Commercial vehicles 50 000
Three passenger vehicles 80 000
Required:
a) Calculate the capital allowances claimable by Exquisite Baths Industries (Private) Limited for the year
ended 31 December 2014, assuming all favourable elections are made. Your answer should explain
the treatment of the showroom. (9 marks)
b) Calculate the provisional tax which should have been paid by Exquisite Baths Industries (Private)
Limited for the year ended 31 December 2014, clearly indicating the due dates and the respective
tax amounts. (4 marks)
c) Calculate the taxable income and corporate tax payable by Exquisite Baths Industries (Private)
Limited for the year ended 31 December 2014.
Note 1: Your answer should start with the net profit figure of $315 000 and list all of the items
referred to in notes (i) to (xii), indicating by the use of zero (0) any items which do not require
adjustment.
Note 2: Your calculations should assume that the provisional tax paid was as calculated in part (b) of
the question. (15 marks)
d) Explain the tax advantage which may accrue to Exquisite Baths Industries (Private) Limited if, in
future years, it increases its export market sales as a proportion of total sales. (2 marks)
(30 marks)
13 Compiled by T T Herbert (0773 038 651 / 0712 560 772 / 0734 521 688)
Payments and provisions
Diesel and petrol $150 000
Repairs (see note 1) $ 50 000
Staff pension contributions $ 30 000
Operating licence (five year) $ 2 000
Legal fees (see note 2) $ 3 200
Salaries and wages $ 60 000
Depreciation $ 33 800
Hire of buses when their own buses were down $ 45 000
Compensation to deceased and injured passengers $ 75 678
Provision for payment to injured or deceased passengers $ 60 000
Loan to Driver (who later died in an accident) written off as bad debt $ 4 500
Fines for road offences $ 3 230
Fine for late submission of QPDs $ 600
Purchase of 5 Yutong buses (2 January 2018) $600 000
Purchase of 2 Marcopolo luxury buses (1 July 2018) $400 000
Computer equipment (purchased 1 January 2018) $ 44 000
Lease premium (note 3) $ 38 000
Lease rentals (note 3) $ 138 000
Donation to Road Accident Fund $ 1 500
General expenses $ 31 510
Compensation paid out to passengers for luggage damaged (note 5) $ 18 000
Incomes received
Compensation received (note 5) $120 000
VAT refund $ 22 500
Sale of excess computers (sold at cost on 1 December 2018) $ 12 000
Dividends received from Shares in Share Stare ltd $ 2 500
Notes
1. Repairs
These are made up of:
Regular service to buses $10 000
Fitting of toilet and ablution system on the two luxury buses $40 000
2. Legal Fees
Cost of appeal on VAT – this was successful $ 4 000
Hire of lawyer to defend a driver who had been arrested for bribe $ 3 200
3. Lease arrangements
Fambai Ltd entered into a lease agreement with Zvivakwa Realtors Ltd for the lease of premises that
were used as offices, garages and parking areas. The lease was for 12 years. Included in lease rentals
14 Compiled by T T Herbert (0773 038 651 / 0712 560 772 / 0734 521 688)
is an amount of $30 000 that was for the construction of a perimeter wall which had been agreed
upon. The perimeter wall was completed on 1 July 2018.
4. Compensation received comprised of:
Compensation for bus the lost bus in an accident $100 000
Compensation for the down time of the bus involved in the accident $ 2 000
Compensation received on behalf of passengers’ damaged luggage $ 18 000
Required
Determine the minimum tax liability of Fambai Ltd for the year ended 31 December 2018. (25
Marks)
15 Compiled by T T Herbert (0773 038 651 / 0712 560 772 / 0734 521 688)