Tax Planning Provision of Tax Advice
Tax Planning Provision of Tax Advice
Tax Planning Provision of Tax Advice
Assumed knowledge-
CUAC 212
TAX PLANNING & TAX ADVICE
• Tax planning means the management of
one’s tax affairs in advance of the period
to which it relates, with a view to
minimize future tax liability.
• Involves issues about tax advice, and
timely remittance of taxes to ZIMRA.
TAX PLANNING & TAX ADVICE
• Tax planning has the effect of minimizing
tax liability through;
avoidance of penalties and interest, as
well as;
being able to take advantage of schemes
targeted at postponing tax liability.
• Unfortunately, many taxpayers are
ignorant of such schemes.
TAX PLANNING & TAX ADVICE
• Usually taxpayers have the tendency of
seeking expert knowledge on these
matters when things have gone wrong.
• That is when they have been visited by
the taxman.
• The legislation contains quite a number
of schemes concerning tax planning.
TAX PLANNING & TAX ADVICE
• In order to understand the tax planning
schemes better you need to classify them
as either;
tax evasion or,
tax avoidance.
TAX PLANNING & TAX ADVICE
(a) Tax Avoidance
• It is the legitimate ordering of one’s
affairs so as to minimize tax liability.
• Tax avoidance is permissible, unless it
falls within the terms of section 98.
• The commissioner can attack any
transaction should she assume it to be
abnormal, and that it was entered into
with the object of avoiding paying tax.
TAX PLANNING & TAX ADVICE
(a) Tax Avoidance
• She has powers to determine the fair
market price where such a transaction
occurs.
TAX PLANNING & TAX ADVICE
(b) Tax Evasion
• Tax evasion is illegal.
• It is the deliberate;
submission of false returns,
omission of sales from the trading
account,
overstating deductions and credits etc. –
s 46 Income Tax Act.
TAX PLANNING & TAX ADVICE
(b) Tax Evasion
• There are;
Penalties,
Interest; and
Prosecution on tax evasion activities.
TAX PLANNING SCHEMES
• These are schemes targeted at
minimization or postponement of tax
liability.
• There are quite a number of them in the
Acts, but we shall review the major ones.
• The schemes are available to both
companies and individual taxpayers.
TAX PLANNING SCHEMES
Paragraph 8 (3) 4th Schedule Income Tax
Act
• According to this paragraph an election
may be made on sale of assets to transfer
the assets at income tax values as
established in the hands of the
transferor, notwithstanding the actual
selling price.
TAX PLANNING SCHEMES
Paragraph 8 (3) 4th Schedule Income Tax
Act
• The election is permissible where the
asset(s) is sold under any of the following
schemes:
• A sale between a husband and wife, or
vice-versa.
• Where the assets are sold between
companies under the same control.
TAX PLANNING SCHEMES
Paragraph 8 (3) 4th Schedule Income Tax
Act
• A sale of assets in a scheme of
reconstruction, or some other business
combination.
• Where a foreign company formally
operating in Zimbabwe is being taken over
by a new company formed in Zimbabwe to
take over foreign business.
TAX PLANNING SCHEMES
Paragraph 8 (3) 4th Schedule Income Tax
Act
• Or in a scheme of conversion of a
company to a private business cooperation.
• The election would result in the
avoidance of income tax on potential
recoupment.
TAX PLANNING SCHEMES
Paragraph 8 (3) 4th Schedule Income Tax
Act
• However, the recoupment will be taxable
if the asset(s) is subsequently sold to a
third party.
• The recoupment in this instance is
calculated as if the transferee always
owned the asset from day is was acquired
or constructed.
TAX PLANNING SCHEMES
Paragraph 8 (3) 4th Schedule Income Tax
Act
• Where assets were transferred at ITV;
the new owner may not claim allowances
on the sale price, but
at ITV and;
no SIA can be claimed.
TAX PLANNING SCHEMES
TAX PLANNING SCHEMES
Section 15 Capital Gains Tax Act
• The section provides for the transfer of
specified assets at values equal to
deductions i.e. Sect 11-(2) (a) to Sect 11
(2) (d), in the hands of the seller or
transferor upon election, notwithstanding
the actual selling.
• The election is permissible where a
specified asset(s) is sold;
TAX PLANNING SCHEMES
Section 15 Capital Gains Tax Act
• Between companies under the same
control.
• In a scheme of reconstruction, or some
other business combination.
• Where a foreign company formally
operating in Zimbabwe is being taken over
by a new company formed in Zimbabwe to
take over foreign business.
TAX PLANNING SCHEMES
Section 15 Capital Gains Tax Act
• Or in a scheme of conversion of a
company to a private business
cooperation.
• The effect is that any potential capital
gain tax on sale or disposal is postponed,
until such a time the asset(s) is sold
outside the group.
TAX PLANNING SCHEMES
Example
Troika (Pvt.) LTD, a company incorporated in the United States has several branches
throughout the world. The company has a branch in Zimbabwe, Rom (Pvt.) Ltd. As a
result of restructuring made at its head office in the United States, a new company
was formed in Zimbabwe for the taking over of Rom (Pvt.) Ltd’s business with effect
from 1 March 2018. All the assets belonging to Rom (Pvt.) Ltd were taken over by the
new company. Some of the assets taken over were:
Selling ($) ITV ($) P.Recoupment Cost ($) Capital Allowances A. Recoupment
Asset [A] [B] ($) [A-B] [C] ($) [C-B] ($)
Commercial
Building 800,000 195,000 605,000 940,000 745,000 605,000
Total
Recoupment 1,735,000
Income Tax on Recoupment= 1,735,000 X
25.75%= $446,763
TAX PLANNING SCHEMES
Calculation of Capital Gains Tax Payable
$ $
Total Sales Proceeds
Showroom 900,000
Factory 6,650,000
Commercial Building 800,000 8,350,000
Less Recoupment ( 550,000+610,000+605,000) (1,765,000)
Gross Capital Amount 6,585,000
Less Deductions
Showroom (7/12) 900,000
Factory (9/09) 750,000
Commercial Building (2/12) 940,000
2,590,000
Less Capital Allowances (550,000+610,000+745,000) (1,905,000)
Inflation allowance
Showroom (900,000 X 2,5%X7) 157,500
Factory ( 750,000 X2,5%X10) 187,500
Commercial Building (940,000X2.5%X7) 164,500 1,194,500
Capital Gain 5,390,500
Tax at 20% 1,078,100
Tax Planning Schemes
Elections
This is a scheme where a foreign company formally operating in
Zimbabwe is being taken over by a new company formed in
Zimbabwe to take over foreign business.
Income tax on recoupment
The transferor (Rom) and the transferee (new company) can make
an election as per para.8(3) of the 4th schedule to the Income Tax
Act.
The election is to transfer the assets at values equal to their Income
Tax Values (ITV) notwithstanding their actual selling prices.
This will result in a recoupment of zero, and nil income tax on
recoupment
However recoupment will be calculated as if the new company
always owned the assets from the day they acquired, if the assets
are later on sold to a third party
Tax Planning Schemes
Elections
This is a scheme where a foreign company formally operating
in Zimbabwe is being taken over by a new company formed in
Zimbabwe to take over foreign business.
Capital Gains Tax
The transferor (Rom) and the transferee (new company) can
make an election as per section 15 of the Capital Gains Tax Act.
The election is to transfer the assets at values equal to the
deductions for CGT notwithstanding their actual selling prices.
This will result in a capital gain of zero, and nil CGT.
However CGT will be calculated as if the new company always
owned the assets from the day they acquired, if the assets are
later on sold to a third party.
Advanced Taxation(CUAC 408)
Assumed knowledge-
CUAC 212
SECTION 16 CGT ACT
The section provides for the transfer of a
specified asset(s) between spouses, whether in
the normal course of trade or by the order of
the court.
If the taxpayer so elect transfer may be
effected at values equal to deductions i.e. sect
11 (2) (a) to sect 11 (2) (d), notwithstanding the
actual selling price.
Any potential tax on capital gain on disposal is
postponed until such a time when the asset(s) is
sold to any person who is not the spouse of the
SECTION 17 CGT ACT
It provides for the transfer of asset(s) previously
used by an individual for purposes of his trade
at values equal to deductions [i.e. sect 11 (2)
(a) to sect 11 (2) (d)], to a company owned by
him upon election, notwithstanding the actual
selling price.
It is important that the person should hold a
majority shareholding in the company.
The effect is to postpone any potential tax on
gains resulting from the transfer.
Provided that capital gain shall be calculated on
SECTION 17 CGT ACT
Mr. Marvelous Mike has been operating a retail business in Chinhoyi since 1 July 2009.
On 1 January 2015 Mr. Mike transferred a commercial building previously owned by
him in his retail business to a new company in which he holds 60% of the shares. The
building was transferred at a market value of $250,000. Its original cost was $50,000
when it was constructed in 2009. Income tax value at date of transfer was $13,500.
Comment on any tax implication on disposal assuming the building was later sold
outside the group 31 May 2016 for $300,000.
Support your comment by relevant computations.
SECTION 17 CGT ACT
Less Deductions
Cost 50,000
Less Capital Allowances (37,750)
12,250
Inflation Allowance ( 50,000 X2.5%X8) 10,000 22,250
Capital Gain 240,000
Tax at 20% 48,000
SECTION 22 CGT ACT
A taxpayer may elect to rollover/
postpone any potential capital gains on
disposal of a business asset, provided the
proceeds from sale of the asset are
utilized in construction or purchasing of
an asset of a similar nature before the
end of the year following that of disposal
or sale thereof.
The gain to be taxed will be reduced by
the following formula (rollover):
SECTION 22 CGT ACT
(A x C)/B
Where:
A is the expended portion or proceeds
B is proceeds on sale of business asset
C is capital gain accruing from the sale of
asset
• Where an amount has been rolled over it
shall be used in reduction of the cost (s
11 (2) (a) of the new immovable asset.
SECTION 22 CGT ACT
Mr. Rice, a retail businessman, sold his business lock,
stock and barrel, when he re-located to Murewa Growth
point on 31 December 2025. Among the assets sold was
an industrial building sold for $3.5 million, originally
constructed for $850,000 in March 2019 tax year. The
income tax value at date of disposal, 31 December 2025
was $550,000. Of the proceeds received from sale of
Industrial building $2,500,000 was utilized on
construction of a similar industrial building at the
growth point. Mr. Rice turned a farmer on 25 January
2027; as a result, he sold his business to a local
businessman, fetching $7million on the industrial
SECTION 22 CGT ACT
Required.
•Capital gains implications on disposal of
the two buildings. Assume relevant
elections were made.
1st Industrial Building
Less Deductions
Cost 850,000
Less Capital Allowances (300,000)
550,000
Inflation Allowance ( 850,000 X2.5%X7) 148,750 698,750
Potential Capital Gain 2,501,250
Less Roll Over relief (2500/3500)X2,501,250) (1,786,607)
Taxable Gain 714,643
Tax @ 20% 142,929
2nd
Industrial Building
Less Deductions
Cost 2,500,000
Less Roll Over relief from 1st Industrial. Building (1,786,607)
Less Capital Allowances (625,000)
88,393
Inflation Allowance ( 2,500,000 X2.5%X2) 125,000 213,393
Capital Gain 6,161,607
Tax @ 20% 1,232,321
Advanced Taxation(CUAC 408)
Assumed knowledge-
CUAC 212
ASSESSED LOSSES S15(3) ITA
An assessed loss is an allowable deduction in
terms of s 15 (3).
The section allows such a loss to be set-off
against income of any other business activity
owned by the same person.
Any assessed loss not set-off can be carried
forward and claimed against future income.
Assessed loses can be carried forward for 6
years.
However for mining entities they can be
carried forward indefinitely.
ASSESSED LOSSES S15(3) ITA
An assessed loss however, cannot be carried
forward in the following circumstances:
By a taxpayer who has been declared
insolvent.
Where there has been a change of ownership
(shareholding), and it is established that the
change was mainly influenced by the existence
of an assessed loss.
In a scheme of localization of foreign company
unless there is no change in shareholding.
ASSESSED LOSSES S15(3) ITA
The advantage of utilizing assessed loss
rest in its effect to reduce the amount to
be taxable.
In that sense it is beneficial for a
company anticipating high profits in the
future to takeover a company with huge
balances of assessed loss.
Thus companies with losses are usually
targets for takeover by prudent financial
managers.
ASSESSED LOSSES S15(3) ITA
Once an election is made to carry forward
assessed loss to the new company, the old
company can’t utilize that loss anymore.
Therefore, it makes sense for the election to
be made as well in terms of paragraph 8 (3),
4th schedule Income Tax Act, otherwise the
old company might be taxed heavily in case
there was going to be potential recoupment as
result of transfer of assets;
• With no corresponding expenses to utilized in
the reduction of amount to be taxed.
ASSESSED LOSSES S15(3) ITA
As a financial manager of a company with
huge balances of assessed losses it pays
to minimize your expenses.
It therefore pays to claim wear & tear
instead of special initial allowance if the
company is making losses, and the trend
is expected to continue for more than 6
years.
ASSESSED LOSSES S15(3) ITA
EMPLOYMENT VS CONSULTANCY
Sometimes a question may be raised on
whether one should be an employee or
an independent contractor/consultant.
In such a case an option with the least
tax liability should be chosen.
An employee is taxable using individual
rates, and is not allowed to claim any
expenses from employment except for a
few prescribed in sect15 (2) (h) and
sect.15 (2) (i).
EMPLOYMENT VS CONSULTANCY
A consultant is taxable at 24,72% i.e. income
from trade and investments.
He is also required to register for VAT where
his sales value exceeds the required threshold.
Where he has registered for VAT he must
charge 14.5% on services provided unless they
are exempt or zero rated.
The tax so charged must be paid to ZIMRA by
the 25th of the following month after the tax
period.
EMPLOYMENT VS CONSULTANCY
A consultant is allowed to claim business
expenses in the assessment of his taxable
income.
TAX HOLIDAY
It is prudent for an organization to claim
wear & tear in lieu of SIA where it is
enjoying a period of tax holiday .
Additionally, capital expenditure can be
deferred to period after the tax holiday.
Such an arrangement would result in
postponement or minimization of tax
liability.
VAT REGISTRATION
Assumed knowledge-
CUAC 212
Other Individuals schemes
Employees are also capable of taking
advantage of schemes outlined in the Acts in
order to minimize their tax liability i.e
commute pension in terms of sect 8 (1) (n) or
sect 8 (1) (r) etc, maximum utilisation of
exempt benefits such as medical aid
contributions by employer or more allowances
for civil servants etc.
All such cases will result in more disposal
income in the hands of a taxpayer.
Other Individuals schemes
We are unable to exhaust all schemes, in
your studies we hope you will come
across some of them.
Gross Income & Exemptions
• Recognise that both cash and goods given for
services rendered are part of gross income.
(s8)
• The employer has to register for PAYE within
14 days of becoming an employer (13th
Schedule, para.2(1)) and also notify the
commissioner of any changes within 14 days.
• The employer should account for employee tax
for each employee, submit the return and
payment by the 10th of the following month,
and an annual return within 30 days from YE.
Gross Income & Exemptions
• Payment of income tax for companies based
on QPDs.
• Fees for non-executive directors are not
remuneration but income from trade and
investment. However no longer liable to
income tax but just WHT at 20%.
• S8(1)(f) Benefits connected with employment
should be brought into gross income.
• However, the following benefits are
exempted;
Gross Income & Exemptions
• medical benefits,
• refunds from medical aid society or benefit
funds,
• contribution to pension funds,
• compensation for injury, sickness or death,
• pension received by elderly person,
• allowances for civil servants,
• scholarships,
• bonus (max. ZWL$500,000 or US$700),
• motor vehicle purchase benefit for elderly.
Gross Income & Exemptions
• 50% of school fees benefit with respect to a
maximum of 3 children of the taxpayer, are
exempted,
• 1/3 of total pension entitlement for
commutation of pension from RAF,
• disallowed contributions,
• portion of retrenchment package.
• Use exemptions applicable to elderly persons.
Exemptions
Use exemptions on trade and investment
income; namely,
• interest from financial institutions in
Zimbabwe,
• Interest from POSB Zimbabwe,
• dividends from a local company,
• export incentive grants,
• interest on loans to approved statutory
corporations,
• interest on loans to small scale miners,
Exemptions
• grants and subsidies for capital expenditure.
Allowable Deductions
Use all allowable deductions being
expenditure /losses for purposes of trade
including;
• lease premiums,
• lease improvements,
• capital allowances,
• pension and medical aid contributions (for
companies),
• repairs,
• bad debts
Allowable Deductions
• educational grants, bursaries and scholarships,
• voluntary payments to former employees/their
dependancies,
• specific allowable donations,
• subscriptions to professional associations,
• purchases, opening stock, donated and
inherited stocks introduced into the business,
• attendance to conventions and trade missions,
• legal costs on income tax appeals.
Allowable Deductions
• Recognise prohibited deductions,
• Use double deductions for scientific
experiments and export market development.
• Recognise that partners are taxed using a rate
for trade and investment income.
• Use special deductions for farmers as per 7 th
schedule and exemption on recoupment.
Tax Credits
Use tax credits for;
• disabled persons,
• blind person,
• medical credits, and
• elderly persons’ credits.
Take advantage of circumstances where the
credit is granted for children, dependancies
and spouse.
Capital Gains Tax
• Remember to account for capital gains on sale
of immovable property and marketible
securities.
• Account for recoupment and capital
allowances when calculating CGT.
• Recognise that proceeds charged income tax
are exempted under CGT.
• Adhere to due dates for submission (within 30
days for CGT, and within 3 days for CGT
withholding tax).
• Always keep receipts.
Capital Gains Tax
• Take advantage of deductions, such and cost
and ancillary expenses, inflation allowances,
selling expenses, suspensive sale, roll over
reliefs etc.
• Include deemed sales in gross capital amount
e.g donations and assets sold in execution of a
court order.
• Account for CGT where compensation is
received for an asset that is damaged or
destroyed (section 13).
Capital Gains Tax
Use exemptions such as;
• distributions by deceased estate,
• sale by life insurance business,
• sale of PPR by an elderly person,
• sale of listed marketible securities,
• first ZWL$900,000 on sale of marketible
securities by an elderly person,
• sale of shares under indigenisation schemes.
Value Added Tax
• Register immediately within 30 days if threshold is
reached (US$40,000 or rtgs equivalent per annum).
• Register voluntarily to enjoy the related benefits e.g
ability to claim input tax.
• Keep valid tax invoices to be able to claim input tax.
• Issue tax invoices, debit and credits notes as
appropriate if registered.
• Submit VAT return and payment by the 25th of the
following month after the end of the tax period.
Value Added Tax
• Distinguish between exempt and zero-rated
supplies and the implications.
• Take advantage of input tax on taxable
supplies made for purposes of trade,
Also recognise prohibited deductions such as;
• VAT on purchase of a PMV,
• entertainment expenses, and
• subscriptions to recreational and sporting
associations.
Value Added Tax
• Account for input tax and output tax on sale
and purchase of brand new and second hand
vehicles, including PMVs.
• Account for output tax on fringe benefits such
as motor vehicle benefit and cell phone use.
• Exempt benefits such as residential
accommodation, pension, loans, loans, and
medical expenses paid for by employer,
canteen meals.
• Calculate VAT on imports based on vatable
amount.
Value Added Tax
• Account for VAT on imported services.
• Fiscalisation.
END OF CHAPTER