Finance Act 2013
Finance Act 2013
Finance Act 2013
Passed in Parliament this 10th day of March , in the year of our Lord two
No. 6 2016
thousand and sixteen.
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, 2016 Short title.
of the said Bill. Being an Act to provide for the imposition and alteration of
IBRAHIM S. SESAY, taxes, duties and excise 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. 17 OF 24TH MARCH, 2016. present Parliament assembled.
2 No. 6 Finance Act 2016 No. 6 Finance Act 2016 3
AMENDMENT OF THE INCOME TAX ACT, 2000 3. Subsection (3) of section 4 of the Income Tax Act, 2000 is Amendment
of Section
amended by deleting “Small Medium Enterprises (SME) Regime” and 4(3).
Amendment 1. Section 2 of the Income Tax Act, 2000 is amended by inserting “Small and Micro Taxpayer Regime”
of Section 2. inserting in the appropriate alphabetical position, the following new
definitions– 4. The Income Tax Act, 2000 is amended by inserting after Amendment
of Section 20.
“branch” means a place where a person carries on section 20 the following new section–
business and includes-
21. The chargeable income of a person
(a) a place where a person is carrying on business Mining sector derived from the exploitation of mineral rights,
through an agent, other than a general agent taxation.
prospecting and exploration licenses, mining
of independent status acting in the ordinary licences or mining leases granted under the
course of business as such; Mines and Minerals Act, 2009 (Act No. 12 of
(b) a place where a person has, is using or is 2009) shall be determined in accordance with
installing substantial equipment or and taxed at the rates prescribed in the Sixth
substantial machinery; or Schedule”.
(c) a place where a person is engaged in a 5. Paragraph (j) of subsection (3) of section 23 of the Income Amendment
construction, assembly or installation project of Section 23.
Tax Act, 2000 is amended by deleting “Le 2,640,000” and inserting
for a period of more than six months; Le 6,000,000".
“compliance certificate” means a certificate prescribed 6. The Income Tax Act, 2000 is amended by inserting Amendment
by the Commissioner-General under subsection (1) immediately after section 31 the following new section– of Section
of section 174A; 31 A.
“small and micro taxpayer” means a taxpayer who is (2) For subsection (1) “Sierra Leone company” means a
either a micro or a small taxpayer;” company–
(a) that is incorporated in Sierra Leone;
Amendment 2. Sub-paragraph (v) of paragraph (b) of section 9 of the
of section 9. Income Tax Act, 2000 is amended by the repeal and replacement of (b) that is largely managed or controlled in Sierra
sub-paragraph (v) by the following new sub-paragraph–
Leone; and
“(v) a public educational institution that is wholly (c) the underlying ownership or control of which
or partly funded by the Government of Sierra
is held or exercised by citizens of Sierra
Leone from the Consolidated Revenue Fund.
Leone.”.
4 No. 6 Finance Act 2016 No. 6 Finance Act 2016 5
Amendment 7. Subsection (2) of section 32 of the Income Tax Act, 2000 is 10. Subsection (3) of section 97 of the Income Tax Act, 2000 is Amendment
of section of section
amended by inserting immediately after paragraph (aa) thereof the amended by the repeal and replacement of paragraphs (b), (c), and
32(2). 97(3).
following new paragraph– (d) respectively and the addition of a new paragraph (e)–
“(b) any allowable loss suffered by the taxpayer “(b) in the case of a non-governmental
to the extent that the loss has not been organisation (NGO) or an organisation whose
deducted in the previous year of assessment income is exempt under section 9 – annual
in-so-far as the tax payable each year will be accounts, stating income from trading
50% of the tax due if such loss is not carried activities, income from any other source, and
forward; and”. expenditure;”
Amendment 8. Section 35 of the Income Tax Act, 2000 is amended by (c) in the case of a person carrying on business
of section inserting immediately after subsection (1) thereof, the following new in Sierra Leone with annual turnover of not
35(1). subsection– more than Le 350, 000 000 but not less than
Le 10, 000, 000, copies of the annual account;
“(1A) Subsection (1) does not apply to (d) in the case of –
interest expenses that are–
(i) a person to whom paragraph (a) or
(i) included in the adjusted cost base of paragraph (c) applies; and
an asset; or
(ii) who carries on business through two
(ii) borne on a loan from a shareholder or or more branches, the annual accounts
his associate to the extent of interest of of the business, disaggregated
one half the excess of that loan over the accounts for each branch setting out
shareholder’s paid up shares. the information prescribed by the Com-
missioner-General; and
Amendment 9. Section 95 of the Income Tax Act, 2000 is amended by
of section 95. inserting immediately after subsection (6) of the following new (e) in the case of a person who has opted under
subsection – subsection (2) of section 4 to be taxed under
the Small and Micro Taxpayer Regime, a
“(7) A transaction with a related party during simple return completed by an agent
a year of assessment shall disclose the approved under a domestic preparer scheme
following – for small and micro taxpayers specified by
the Commissioner-General”.
(a) the relationship with the related party;
11. Section 128 of the Income Tax Act, 2000 is amended by Amendment
(b) the volume and value of the transaction; inserting the following new subsection immediately after subsection of section
(5)– 12 8.
(c) the price charged and the basis or method of
ascertaining that price; and “(6) The obligations of a person to act
as a withholding agent under this Part are
(d) the comparative price for a similar transaction not affected by that person being an
made with non-controlled entities or charged organisation to which paragraph (b) of
by non controlled entities”. section 9 applies.”
6 No. 6 Finance Act 2016 No. 6 Finance Act 2016 7
Amendment 12. Section 155A of the Income Tax Act, 2000 is amended by (3) The maximum penalty that is payable under subsection
of section inserting immediately after subsection (3), the following new (1) is Le 1,000,000.”
15 5A
subsection–
(4) A taxpayer who fails to display or affix a compliance
“ (4) All costs associated with sealing of certificate within seven days of its issue under section 174A commits
business premises and other enforcement of an offence and is liable, on conviction, to a fine of Le 5,000,000".
distress actions shall be borne by the taxpayer
against whom the distress action is taken”. Amendment
15. Part 1 of the First Schedule of the Income Tax Act, 2000 is
amended by the repeal and replacement of the annual taxable of Part 1 of
Amendment 13. Section 170 of the Income Tax Act, 2000 is amended by the threshold and corresponding rate with the following-
First Sche-
of section repeal and replacement of subsection (1) with the following new dule.
170(1).
subsection–
If chargeable Income Tax
“(1) Forms, notices, returns, statements, tables,
compliance certificates and other documents Less or equal to 6,000,000 Nil
prescribed or published by the Commissioner- > Le 6,000,000 but not > Le 12,000,000 15%
General shall be in such form including electronic > Le 12,000,000 but not >Le18,000,000 20%
and machine readable form as the Commissioner- >Le 18,000,000 but not > Le 24,000,000 30%
General may determine.” Over Le 24,000,000 35%
Amendment 14. The Income Tax Act, 2000 is amended by inserting 16. The Income Tax Act, 2000 is amended by inserting Amendment
of section immediately after section 174 the following new sections– immediately after the Fifth Schedule the following new Schedule– of fifth
17 4. Schedule.
(1) “174A (1) The Commissioner-General shall issue to
a taxpayer who has opted under subsection (2) of section 4 to be
taxed under the Small and Micro Taxpayer Regime a compliance “SIXTH SCHEDULE (Section 21)
certificate if–
(a) the taxpayer has filed a return of income in MINING SECTOR
accordance with subsection (3) of section 97;
and 1. The rate of tax applicable to companies under section 21
(b) paid tax due and payable in respect of that for the year of assessment commencing 1st January 2016 shall be
return under Part XIV. thirty percent.
(2) A taxpayer issued with a compliance certificate under 2. The rate of capital allowances–
subsection (1) must immediately display, or affix, the certificate in a
public and conspicuous place in their business premises”.
(a) on expenditure under section 43 (start-up
174B. (1) Subject to subsection (2), a taxpayer costs) on mineral and petroleum prospecting
who, without reasonable excuse, fails to display and exploration shall be one hundred
or affix a compliance certificate as required by percent; and
subsection (2) of section 174A is liable to a penalty
of Le300,000 and for each day after notice of (b) on production rights and other expenditure
failure to display a penalty of Le100,000 would be incurred on mineral and petroleum develo-
levied. pment shall be–
8 No. 6 Finance Act 2016 No. 6 Finance Act 2016 9
(i) an initial allowance of forty percent of 5. (a) Subject to paragraph (b), a loss in any year of
cost in the year of expenditure; and assessment may be carried forward as a deduction
against income of the subsequent year of assessment.
(ii) an annual allowance of twenty percent
of cost for each of the three years (b) Accumulated losses can be carried forward up to a
succeeding the year of expenditure. maximum of ten years from the date of commencement
of commercial production.
3. The rate of withholding tax to be paid by taxpayers under
section 21 shall be– 6. Where a deduction for head office expenses exceeds one-
half percent of sales, any excess of such expense shall be treated as
(a) on interest to residents ........................................ 10 percent a dividend under section 85.
(b) on interest to non-residents ................................ 15 percent 7. Where a deduction for interest payable on loans is
prohibited because the total debt of the paying company exceeds
(c ) on interest to affiliates ......................................... 15 percent three times the total equity and where interest payments exceed fifty
percent of income before capital allowances, any amount disallowed
(d) on interest to non-affiliates including recognised shall be treated as dividend under section 85.
financial institution .............................................. 5 percent
AMENDMENT OF THE GOODS AND SERVICES TAX ACT, 2009
(e) on dividends to residents .................................... 10 percent
17. Section 62 of the Goods and Services Tax Act, 2009 is Amendment
(f) on dividends to non-residents ............................. 10 percent amended by inserting immediately after subsection (2) the following of section 62.
new subsection–
(g) on rents .............................................................. 10 percent
(3) A GST registered person who issues a GST invoice
(h) on royalties and natural resource payments ......... 25 percent
that is not printed in accordance with subsection (3) of section 31,
unless the registered person is authorised by the Commissioner-
(i) on payments to resident contractors ...................... 5 percent
General in writing to print its own GST invoice containing the
(j) on payments to non-resident contractors who prescribed information, is liable to a penalty of Le 5,000,000 for each
are not party to a double taxation avoidance GST invoice issued.
agreement with the Government of Sierra Leone ..... 5 percent
18. The Goods and Services Tax Act, 2009 is amended in the Amendment
First Schedule by inserting the words “and services” immediately of First
(k) on pensions and annuities under section 121(2) ... 15 percent Schedule.
after “goods”.
(i) on payments to non-resident contractors who are (resident of
a country which is) party to a double taxation avoidance 19. The Goods and Services Tax Act, 2009 is amended in Amendment
paragraph 2 of the Second Schedule by inserting the following of Second
agreement with the Government of Sierra Leone ... 10 percent Schedule.
immediately after the word ‘polishing” in the “Description” –
4. If the holder of a small-scale mining licence or a large scale
mining licence does not maintain audited accounts pursuant to 3. Supply of port services in respect of the import of rice is
subsection (3) of section 69, then the licence holder shall pay a exempt being an exempt supply under paragraph 3 of the Second
minimum income tax of three and one half percent of turnover. Schedule.”
10 No. 6 Finance Act 2016 No. 6 Finance Act 2016 11
Amendment 20. The second Schedule of the Goods and Services Tax Act, Tariff Code Description Rate of Excise
of Second 2009 is amended by inserting immediately after item 15 the following
Schedule.
new items– 22.09
“(16) Supply: Tourism (New hotels)
C. Locally manufactured
Description: imported materials required for
the construction and setting up of alcoholic drinks of more
a hotel with at least 100 rooms than 10% alcoholic content 30%
for the period 1st January, 2016
to 31st December, 2018.”
D. Locally manufactured
beer of more than 80% locally
“(17) Supply: Issuance of Identification documents produced raw materials
including sorghum and
Description: Passport, Voters ID Card, cassava 5%
National ID Card etc.”
Amendment 21. The Third schedule of the GST Act, 2009 is amended by AMENDMENT OF THE CUSTOMS TARIFF ACT, 1978
of Third adding the following institutions to the list of institutional reliefs:
Schedule. 24. Section 2 of the Customs and Tariff Act, 1978 is amended Amendment
by inserting immediately after “Protocol” the following new by section 2
‘All UN Agencies or International Organisations protected
by the Vienna or Geneva Conventions. definitions–
AMENDMENT OF THE EXCISE ACT, 1982 “raw materials” mean basic materials which are needed
for the manufacture of goods, but which are still in a
Amendment 22. The Excise Act, 1982 is amended in the First Schedule by raw, natural, unrefined or unmanufactured state
of Excise Act the repeal and replacement of Tariff item No. 22.03A with the ollowing
1982. and for a manufacturer, any material or goods which
Tariff Code Description Rate of Excise are required for his manufacturing process, whether
they have actually been previously manufactured
22.03 or are processed or are still in a raw or natural state.”
A1. For imported alcoholic US$ 0.04 per cl 25. Section 2 of the Customs Tariff Act, 1978 is amended by Amendment
by section 2
drinks with less than 10% or US$ 4 per litre inserting immediately after “Minister” the following new definition -
alcoholic content “packaging materials” mean all products made of any
materials of any nature to be used for the
containment, protection, handling, delivery and
A2. For imported alcoholic US$ 0.06 per cl or US$6 preservation of goods from the producer to the user
liquid drinks with more per litre or consumer and include-
than 10% alcoholic content
(a) ‘primary’ or ‘sales’ packaging is packaging
Amendment 23. The Excise Act, 1982 is amended in the First Schedule by which forms a sales unit for the user or final
of Excise inserting immediately after Tariff item No. 22.09 B the following new consumer, for example, a box containing soap
Act, 1982.
items – powder;
12 No. 6 Finance Act 2016 No. 6 Finance Act 2016 13
(b) ‘secondary’ or ‘grouped’ packaging is that 27. Section 77 of the Customs Act, 2011 is amended by inserting Amendment
of section 77.
which contains a number of sales units, for immediately after paragraph (g) the following new paragraph -
example, a cardboard outer containing a
“(h) Any person who contravenes any of the
number of boxes of soap powder;
provisions of this section commits an
(c) ‘tertiary’ or ‘transport’ packaging is offence and is liable on conviction to a fine
packaging that is used to group secondary not below Le 50,000,000 or a term of
packaging together to aid handling and imprisonment not exceeding 5 years.”
transportation and prevent damage to the 28. Section 80 of the Customs Act, 2011 is amended by the
products, for example, the pallet and shrink Amendment
repeal and replacement of paragraph (b) of subsection (4) with the of section 80.
wrap used to transport a number of cardboard following new paragraph-
outers containing boxes of soap powder. For
the purposes of the Act, this does not include “(b) Any person who fails to comply with any
road, ship, rail or air containers; lawful demand made by an officer in the
performance of his duties under this Act
(d) wood packaging and packaging made from
commits an offence and is liable on convic-
other materials (for example hessian, jute,
tion to a fine not below Le 10,000,000 or a
cork, ceramics and so on).”
term of imprisonment not exceeding 12
Amendment 26. Section 26 of the Customs Act, 2011 is amended by the months.”
of section
26(4).
repeal and replacement of subsection (4) with the following new
subsection– 29. The Schedule to the Customs Tariff Act, 1978, being the Amendment
of Part II of
external tariff of the Republic of Sierra Leone is amended in Part II by Schedule.
“(4) All payments of duties, taxes and other levies the repeal and replacement of item (w) with the following new item-
exceeding Le 500, 000 by importers, exporters customs
clearing agents and other persons shall be made (w) “for raw materials (for any manufacture) each
elcetronically, by bank cheques or by debit or credit cards at under their substantive H.S. Codes, the
the Offices provided that: import duty rate is 5%”.
(a) upon written application by a taxpayer, the
30. The Schedule to the Customs Tariff Act, 1978 is Amendment
Commissioner General may enter into a time- of Schedule to
amended by varying the existing import duty on the “packaging Customs
to-pay agreement specifying instalment
materials” under their respective H. S. Codes to 5%. Tariff Act,
payment in respectof any duties, taxes and 1978.
levies;
31. The Schedule to the Customs Tariff Act, 1978, is amended Amendment
of Schedule to
(b) the Commissioner General may, on giving not in Part II by the repeal and replacement of item (t) with the following Customs
less than seven days notice, undertake new item– Tariff Act,
1978.
distress measures including sealing of
“(t) for monosodium glutamate under H. S.
business premises for failing to honour an
Code 2922.42.00, the import duty is
instalment payment entered in the time-to-
10%;”
pay.
14 No. 6 Finance Act 2016 No. 6 Finance Act 2016 15
(2) For purposes of subsection (1), “photovoltaic” refers
AMENDMENT OF THE FINANCE ACTS, 2006, 2011 AND 2013 to the method of generating electrical power by converting solar
radiation into direct current electricity, using semi-conductors that
Amendment 32. The Finance Act, 2006 is amended by the repeal and exhibit the photovoltaic effect”.
of section 4 replacement of section 4 with the following new section-
of Finance
Act, 2006.
(3) for purpose of subsection (1) a list of products,
Import duty equipments and applicances that meet IEC global quality standards
and GST
4 (1) Ministries, Departments and Agencies
liability of (MDAs) shall make provision for import duty will be maintained by the Ministry of Energy and regularly updated
Ministeries, and liability of GST for all imports and contracts in consultation with the solar private sector in Sierra Leone.
Departments that are subject to taxes.
and Agencies. (4) Any photovoltaic system equipment and low energy
(2) For the avoidance of doubt, all MDAs shall be liable efficient appliance which does not meet the relevant IEC global
to pay import duty and GST on their imports. quality standards shall not be included in the list maintained by the
Ministry of Energy and shall be subject to the applicable taxes, fees
Amendment and duties.
33. The Finance Act, 2011 is amended by the repeal and
of section 11 replacement of section 11 with the following new section–
of Finance 35. Section 38 of the Finance Act 2013 is amended by repealing Amendment
ofsection 38
Act, 2011. Le750,000 and substituting it with Le1,000,000.
“Duty free 11. (1) Subject to subsection (2) new and existing of Finance
importation. businesses importing plants and machinery, excluding Act, 2013.
GENERAL
spare parts and general purpose vehicles, exclusively
for their business operations (and not for resale), 36. A national health insurance levy shall be imposed at a rate National
shall be entitled to duty free import for a period of of 0. 5% on the value of all contracts relating to the supply of goods insurance
three years from the date of their first registration. and services in support of the Free Health Care Programme. levy.
(2) Subsection (1) shall not apply unless– 37. The withholding tax on management and technical fees Management
shall be increased from 10 percent to 15 percent of the value of such and Technical
Service fees.
(a) in the case of a new business, the investment services.
is at least US$10,000,000; and
38. Any business employing a female employee in a Employment
management position between 1st day of January 2016 and 31st day of women.
(b) in the case of an existing business, the
investment is at least UD$5,000,000 in of December 2018 shall be eligible to a tax credit at a rate of 6.5% on
expanding the business.” the PAYE of that female employee.
Amendment 34. The Finance Act, 2011 is amended by the repeal and 39. NGO REGISTRATION AND RENEWAL FEES FOR A TWO -YEAR PERIOD
of section 26 replacement of section 26 with the following new section–
of Finance
Act, 2011. International NGOs National NGOs
“Duty free 26. (1) The importation of photovoltaic System
importation. Equipment and low energy or energy efficient New Renewal New Renewal
appliances that meet relevant International Registration Fees Registration Fees
Electrotechnical Commission (IEC) global Fees Fees
standards for resale or use by third parties
shall be duty-free. US$2,000 US$2,000 Le2,000,000 Le2,000,000
16 No. 6 Finance Act 2016 No. 6 Finance Act 2016 17
SCHEDULE (section 26) (section 27 (2)) PRODUCT NAME ART. NO. CUSTOM TARRIFF
LISTS OF RAW AND PACKING MATERIALS Citric Acid 52602 2918. 14. 00
The following are considered as inexhaustive list of packaging and raw materials Coating Chocolate Copertura
for the manufacturing sector: Latte Pura 860173 18069090
Stabilizer Cremo Lolly 840016 3824. 90. 55 Ice Cream Stick 93 X 10 X 2mm 50PCS/Bundle
A Grade Round 200 Bundles/C
Stabilizer Neutro Complex
Procrema 840014 38249055
Ice Cream Stick 114 X 50PCS/Bundle
Strawberry Flavour 850237 3302. 10. 90 10 X 2mm A Grade Round 200 Bundles/C
Strawberry Paste Flavour 873115 20079933 Ice Cream Spoon 75mm Individual 12PCS/Strip
Paper Wrapped without printing 100 Strip/C
Tangerine Flavour Will Follow Will Follow
Alu Standard Sleeves
Vanilla Flavour P1100217 3302. 10. 90 “CONO BOMBA”
PRODUCT NAME ART. NO. CUSTOM PRODUCT NAME ART. NO. CUSTOM
TARRIFF TARRIFF
A Grade Round 200 Bundles/C
11. Methylene Chloride
Ice Cream Stick 114 X 10 X 2mm 50PCS/Bundle 12. Adhensive
A Grade Round 200 Bundles/C
13. Polyester Fibre Yam
14. Polyurethane Foam Scrap
Ice Cream Spoon 75mm Individual 12PCS/Strip
15. Laminating Film Clear
Paper Wrapped without printing 100Strips/C
16. Di Octyl Phthylate
Alu Standard Sleeves “CONO 17. Calciuym Carbonate Powder
BOMBA”
Lids in Cardboard Printed 18. Leather Poly Vinyl Chloride (PVC)
“BOMBA” 19. Ordinary Poly Vinyl Chloride (PVC)
Plants cost for the Alu Sleeves
Plants cost for lids 20. Cotton Polyester for Pillows
BOMBA ICE CREAM
(182 X Cont.) mm 21. Polyester Spun Fabric for Vitashine
Graphic Works
22. Polyester Fabric for Vita
Corona and bedsheet
1. Polyether Polyol
23. Cotton Fabric for Vitasuper
2. Polyol Hardener
24. Mattress sewing tapes (edging Tapes)
3. Toluene Di Isocynate (T80)
25. Cotton Thread
4. Prepolymer
26. Polyester Thread
5. Glycerine
27. Jackquard and Damask Testiles
6. Methyl Dilsocyanate
28. Polypropylene net backing cloth
7. Stannous Octate 29. Polypropylene Diothene (Nylon)
(Tin II Oxide)
8. Silicone Oil 30. Printed Pillow diothenes
9. Dimethyl Amine 31. Pillow tags
10. Pigments