Commercial Farmers' Union of Zimbabwe

Commercial Farmers' Union of Zimbabwe

***The views expressed in the articles published on this website DO NOT necessarily express the views of the Commercial Farmers' Union.***

Tax benefits of formal businesses

Tax benefits of formal businesses

Financial Gazette 21/11/2018

Marvellous Tapera 

THERE is so much talk about Zimba­bwe being a multi-billion dollar econ­omy through its small to medium scale enterprises (SMEs). However, not much is being done to tap tax revenue from these enterprises, which are often viewed as informalised. 

In a International Monetary Fund (IMF) working paper titled Shadow Economies Around the World: What Did We Learn Over the Last 20 Years? prepared by Leandro Me­dina and Friedrich Schneider, it was reported that Zimbabwe is number two in the world in size of the informal economy after Bolivia. As result, big businesses have become over­laden with taxes. It is opined that if the SMEs contributed their fair share of taxes a lot of revenue may well be collected for the benefit of the fiscus. 

Fiscal exclusion has also been a factor influencing the lack of formalisation of the SMEs. There are tax obligations that must be fulfilled by every business that is registered for tax purposes and this includes SMEs, which may be greater or lesser de­pending on the structuring of the business. 

Government attitude towards formalisation 

There is evidence on the ground why SM Es should heed the call to register and save their   businesses.   First,   flea markets have been eradicated as evidenced by the rigorous clean-up exercise to remove vendors and money changers, among many other infor­mal traders. Recently, Statutory Instrument 246 of 2018 was published in the extraordi­nary gazette which criminalises the informal trading of foreign currency, a move target­ed at eradicating informal trade in forex. 

In addition to the foregoing, Finance; minister Mthuli Ncube, in delivering his monetary policy speech intimated that “… due to the increase in informalisation of the economy and huge increase in electronic and mobile phone-based finan­cial transactions and RTGS transactions, there is need to expand the tax collection base and ensure that the tax collec­tion points are aligned with electronic mobile payment transactions and RTGS sys­tem”. 

This speech culminated in the revision of Intermediated Money Transfer Tax (1MTT) from 5 cents to 2 cents on the dollar value of transactions. The tax is a lesser burden for formally registered persons with forma books of accounts because certain transfer; of money such as for purposes of paying remuneration are exempt from the 2 percent IMTT. It may be diffi­cult for an informal business without proper books of accounts to prove payment of remuneration. 

The law and formalisation 

The existing laws also favour formalised institu­tions. All businesses are required to withhold 10 per­cent on payments made to other businesses without tax clearance certificates. Additionally, there is 10 percent withholding tax on importation of goods in the ab­sence of a tax clearance. 

Further, duty rebate and suspension is linked to clean tax affairs which must supported by a valid tax clearance. A business that has not formalised loses out under such arrangements. Even banks favour dealing with formalised businesses. For bankable projects to be approved, these rely on proper books of accounts, cash flow projections and other formalities. The banks would need proper books of accounts to be kept and the business to be compliant with the tax laws if they are to approve loans. 

Incentives such as assessed losses, capital allow­ances and tax holidays and rebates cannot be enjoyed by informal institutions because of the lack of relevant registrations. 

Section 15(3) of the Income Tax Act (Chapter 23:06) permits assessed losses to be carried forward for six years, except for mining businesses which are entitled to be carried forward assessed losses indef­initely. Thus assessed losses reduce taxable income, until they are used up or expired. It is not possible to enjoy this advantage without being formally registered for taxes. Additionally, it is also difficult for unstruc­tured businesses to be associated. To participate in lu­crative government tenders and other big tenders, it is a pre-requisite to have a tax clearance. Furthermore, big businesses are reluctant to trade with unstructured businesses largely because of the keyman. The per­ception is that unstructured businesses lack continuity, therefore it may be difficult to establish long lasting business relationships with a business without a suc­cession plan. If the owner dies, the business dies with the owner. 

Why it may be difficult to remain informal 

The die towards formalisation has been cast. The technology to enforce this process is already in place. Electronic transactions are now being closely moni­tored through the Financial Intelligence Unit created by an amendment to the Money Laundering and Pro­ceeds of Crime Act. 

Ecocash, Telecash, OneMoney and other mobile money transfer services can easily be traced as they leave a paper trail. Non-compliance can easily be de­tected through the mobile transfers and other payment platforms. When non-compliance has been detected, the ramifications are hard to swallow. The law pro­vides for backdating of tax registration and payment of taxes from the day the person was supposed to be tax registered. This comes along with penalties and inter­est for late paid taxes and non-submission of returns. 

Section 56 and 77 of the Income Tax Act provides for drastic measures of recovery of taxes. Section 56 provides for the personal liability of directors or own­ers for taxes after the non-compliance is discovered. Additionally, section 77 provides for legal action for the recovery of taxes, and also penalises a person who disposes property to avoid payment of tax. By impli­cation, this entails that non-compliance will result in loss of property. 

Informal institutions are encouraged to formalise in order to avoid the scourge of the law and may take advantage of the ongoing ZIMRA voluntary disclo­sure programme, which ends on December 31, 2018. It allows them to avert the inevitable day of reckoning when ZIMRA finds out the tax non-compliance issues and to benefit from the automatic waiver on penalties which effectively mitigates the tax liability. 

Meanwhile, the government needs to come up with a simplified tax system for small businesses to incentivise tax compliance. The current system is only ben­eficial to the extent that if a small business has bought equipment, it is allowed to claim capital allowances over three years compared to four years for large busi­nesses. 

In conclusion, the world over no business has ever prospered through tax evasion. Eventually the day of reckon will arrive. It is therefore wise as a business owner or company executive to put your tax affairs in order to avoid the wrath of the law and gain from incentives and business opportunities that come with being tax registered. 

Meanwhile, Matrix Tax School will be hosting its second edition of the Annual Tax Conference from May 22 to 25, 2019 in Victoria Falls. 

• Tapera is the founder of Tax Matrix (Pvt) Ltd and CEO of Matrix Tax School (Pvt) Limited. He writes in his personal capacity.

Facebook
Twitter
LinkedIn
WhatsApp

Tobacco sales fetch US$258m

Tobacco sales fetch US$258m    Herald 3/7/2020 Herald Reporter Tobacco sales have reached 110 million kilogrammes worth US$258 million, with deliveries to contract companies and

Read More »

Agric tops micro-finance loan book

Agric tops micro-finance loan book  Herald 12/9/2019   Mr Chitambo Fradreck Gorwe Business Reporter Good rains anticipated countrywide during the 2019/20 farming season, have seen agriculture

Read More »

New Posts: