Corporate Bss Income (4) - 042036
Corporate Bss Income (4) - 042036
a) Service fees;
f) Gifts and other ex gratia (compensation for damage) payments received by the person
in respect of the business;
g) amounts derived that are effectively connected with the business and that would
otherwise be included in calculating the person's income from an investment; e.g.
interest, rent, royalty, dividend etc. have been listed as investment incomes but in some
cases they become closely connected to business and hence treated as business income
such as interest received from a business current deposit account.
h) Other amounts including reverse of amounts as bad debts, discount allowed and
fluctuations in foreign exchanges.
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(i) Exempt business income/amounts, listed under 2nd schedule of ITA
(ii) Final withholding payments under S. 86 of ITA. and
(iii) Non-business incomes e.g. dividends, royalty, salary etc.
(a) Dual test, an expenditure must not have been incurred to save more than one
purpose for it to be considered as been incurred wholly and exclusively in
production of business or investment income. Eg. An employee who spends
money to buy lunch during working hours, the expenditure has been incurred to
save double purposes which are employee’s survival and employee’s work.
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(b) Remoteness test, for the expenditure to be deducted must be closely related to
the income generated. Expenditures that are loosely connected with the business’
economic activities are non-allowable.
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S. 12(2). THIN CAPITALIZATION RULE
Is one of the tax avoidance schemes mostly used by multinational companies to avoid
tax by financing their associates with excessive loans instead of equity by taking an
advantage of interest expense which is an allowable expense. The interest deducted is
used to erode the tax base.
Therefore, to resolve this problem the law states that interest deducted by exempt
controlled resident entity must not exceed an interest on amount equivalent to 7:3 Debts
to Equity ratio (CEILING DEBT)
N.b. Exempt controlled resident entity, means a resident entity in which 25% or more of
their underlying ownership is held by entities exempted under 2nd schedule (Government
institutions, East African development bank, BOT etc), approved retirement funds,
charitable institutions, nonresident persons and associates of those persons.
For example, A TZ Company ‘X’ receives TZS 200M loans from its parent company ‘Y’
situated in South Africa. The tax rate in TZ is 30% while that of South Africa is 10%.
X’s capital structure is made of debt TZS 200Million and Equity TZS 50Mil, and the
interest shown on the statement of comprehensive income was TZS 20Mil. i.e. 10% of the
loan amount. Calculate the ceiling date and the maximum interest amount to be
deducted.
SOLN
Ceiling debt = 2 1/3 (7/3) * Equity
= 7/3 * 50Mil
= 116 .7 Million is the amount of debt whose interest must be
Deducted (Ceiling debt)
Allowable interest
200Mill. = 20Mil 116.7Mill * 20Mil = 11.67 Mill
116.7 Mil = ? 200 Mill
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Therefore, TZS 11.67 Mil will be deducted as interest
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business where the expenditure is incurred in clearing the land and excavating irrigation
channels; or planting perennial crops or trees bearing crops.
‘Environmental expenditure’ means expenditure incurred by the owner or occupier of
farmland for prevention of soil erosion”;
‘Research and development expenditure’ includes
Expenditures incurred to improve business products or process or to develop the
business
Expenditures to establish a business e.g., incorporation costs, cost to set up
organization’s systems, procedures, and regulations – including cost to issue IPO
and first listing (Not secondary listing/issue) of shares and securities at the DSE.
The expenditure shall not be associated with asset acquisition used in such
process of business establishment
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Donation to charitable institution (4M)
PBT 8M
Any other donations and contributions can only be deducted if they are incurred wholly
and exclusively for the purposes of business. For instance, contributions to trade
organizations can be deductible if the trade association furthers the businesses of its
members.
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332. Likewise, receipts from disposal of investment assets should be used in calculating
investment capital gain and the investment income not in computing business income.
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deductible expenses. However, those expenses incurred in connection of acquisition of
capital assets should be capitalized in the costs of assets and therefore they are not
deductible expenses (Section 37). Also legal and expenses incurred in tax appeal are not
deductible.
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Comment on the Samaria claim
Question 2
KekoLtd, owns a factory which produces textile products. The chemicals released by the
factory have been claimed to be affecting the environment. Keko Ltd has thus incurred
TZS 34,000,000 to clean the environment claimed to have been affected by the
chemicals. The company claims deduction of such expenditure claiming that it is
environmental expenditures.
Required:
Is Keko Limited claim, right?
Question 3
A foreign parent company, AMADEUS LIMITED has a loan of TZS.40, 000,000 to its
wholly-owned subsidiary in Tanzania, Amazon Tanzania Limited. Amadeus Limited’s
equity in Amazon Tanzania
Limited is TZS.2, 000,000 and interest payable on the debt for the 2019 year of
assessment is TZS.6, 000,000.
Required:
Determine the interest that should be allowed for tax purposes in 2019 year of
assessment for Amazon Tanzania Limited. Explain your answer.
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Profit/loss as per accounts xxx
REVIEW QUESTION
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ABACOMBI Tours Ltd runs a tourist trade in Manyara. The following information has
been extracted from the company’s books of account and is made available to you for
II. Net loss during the same period after deductions (under I) above was loss;
(Tshs.30,960,000/=)
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Cost of fire extinguisher 10,000,000
Uniforms for staff 4,000,000
Cost of fire alarm system 5,000,000
(g) The 3rd schedule depreciation allowances for depreciable assets have been agreed at
Tshs. 24,000,000.
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Required: Calculate the company’s business income for tax purpose for the accounting
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Buses with a seating capacity of 30 or more passengers, heavy general purpose or
specialized trucks, trailers and trailer-mounted containers; other self-propelling vehicles,
Railroad cars, locomotives and equipment; Vessels, barges, tugs and similar water
transportation equipment; Aircraft; Plant and machinery (including windmills, electric
generators and distribution equipment) used in manufacturing or mining operations;
specialized public utility plant and equipment; and machinery or other irrigation
installations and equipment.
Class 3
Office furniture, fixtures, all equipment except for those listed in Class 2, any asset not
included in another Class
Class 4
Deleted
Class 5
Buildings, structures, dams, water reservoirs, fences and similar works of a permanent
nature used in agriculture, livestock farming or fishing farming;
Class 6
Buildings, structures and similar works of permanent nature other than those mentioned
in Class 5
Class 7
Intangible assets e.g. Trade mark, patent right, natural resource exploration and
production rights
Class 8
Plant and machinery (including windmills, electric generators and distribution equipment)
used in agriculture and electronic fiscal device purchased by a non Value Added Tax
registered trader,
Equipment used for prospecting and exploration of minerals or petroleum
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RULES ON COMPUTATION OF DEPRECIATION ALLOWANCE
Under 3rd schedule of ITA, in order to determine depreciation allowance, assets must be
added to a pool of depreciable assets. In which there two types of pools of depreciable
assets.
(i) General Pools
This is a pool which comprises of all assets of the same class. This means all depreciable
assets belonging to, say, class 1 are all pooled to one pool. In this case a class becomes a
pool. However, this applies for all classes except class 7 assets and moveable tangible
assets used by a person in conducting international transportation business [land, sea, or
air] –transporting passengers, mail, livestock or other moveable tangible assets. These
assets are pooled using specific pools.
(ii) Specific Pools
In this pooling strategy each individual asset forms a pool of its own, different from
assets of its class. An asset, say copy rights, plane, bus, vessel, etc, each form its own
pool. Therefore, depreciation allowance will be calculated for each copy rights, plane,
bus, vessel, etc. All the assets that do not follow general pooling strategy will fall under
specific pooling.
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ii) The person claiming the deduction must be beneficial owner and not the legal owner
of the asset. The beneficial owner is the person who incurred the qualifying expenditure
to or paid to acquire the depreciable asset.
1. INITIAL ALLOWANCE
There are some depreciable assets which will be granted initial depreciation allowance
immediately when added to the pool of depreciable assets. These depreciable assets
include each item of plant or machinery which are
i] Used in manufacturing processes and fixed in a factory;
ii] Used for providing services to tourists and fixed in a hotel
iii] Used in fish farming.
However, the machine or plant mentioned above must be the one belonging to class 2,
3, or 8 of the pool of depreciable assets.
The amount of initial depreciation allowance is 50% of the net cost of the asset for assets
belonging to class 2 or 3. In the year in which initial allowance is charged, the asset
granted this allowance will not be included in computation of annual allowance. In other
words, the asset granted initial allowance will not be added in the pool of depreciable
assets until after the preceding year (after twelve months).
The initial allowance granted to a person shall be available in two portions as follows –
i] The first portion shall be available in the year of income in which the asset is added to
the person’s pool of depreciable assets; and
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ii] The remaining portion shall be available during the year of income following the year
that the first portion is added.
Example
A ltd deal with manufacturing activities, during the year of income 2016 on 1st Jan, A ltd
acquired a machine and fixed it in a factory, the price of the machine was TZS
50,000,000. Also the company acquired a staff bus with the capacity of carrying 30
passengers for TZS 45,000,000
SOLUTION
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2. ANNUAL ALLOWANCE
This is the annual charge of depreciation allowance from assets which are already in the
pools of depreciable assets.
The allowance is calculated using the following methods,
Reducing balance (Diminishing value) method in the case of Class 1, 2 and 3
pools, and
According to straight line method in the case of Class 5, 6 and 7 pools.
Depreciation Formula
The depreciation formula put forward by the Act is the following:
Annual Depreciation Allowance = A x B x C/365
Where –
A is the depreciation basis of the pool at the end of the year of income;
B is the depreciation rate applicable to the pool; and
C is the number of days in the person's year of income the asset was employed.
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Original Cost of the assets xxx
Add: costs of the assets xxx
Less: Incomings of the assets xxx
Depreciation base of the assets during the year xxx
Depreciation basis for these classes can only be reduced to zero but not below it. That is,
if the depreciation basis turns to be negative, then it shall instead be reported as zero.
Moreover, if the depreciation basis reduced by the depreciation allowance at the end of
year is below TZS 1,000,000, the depreciation of the pool shall be equal to the
depreciation basis plus the allowance at the end of that year.
Details Class 1
WDV 1,200,000
A 1,200,000
B 37.5%
Allowance 450000+750000
WDV 0
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3. TERMINAL ALLOWANCES ON POOL DISPOSAL
Where the pool of assets is disposed of and the disposal proceeds are less than the tax
written down value of the pool of assets (loss on disposal), the disposer is entitled to
claim the difference as addition allowance; i.e. this amount is granted as addition
depreciation allowance based on residual concept of transactional tax treatment. In case
of a gain in disposal the amount shall be included in Profit or Gain.
Depreciation Rates
The depreciation rates applicable to each pool are as follows:
Class Rates
1 37.5%
2 25%
3 12.5%
5 20%
6 5%
7 1/Useful life
8 100%
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allowed to be added to the pool in respect of the vehicle shall be only TZS 30,000,000.
Any expenditure in excess of TZS 30,000,000 shall not be recognized.
Question 1.
J ltd is a manufacturing company established under the laws of the United Republic of
Tanzania. The company was registered for VAT purpose since it was established. The
company is owned by Mrs. K (a resident individual) for 40%, Mrs. A (a nonresident
individual) by 30% and 30% of shares issued to the public since January 2012 in Dar es
Salaam Stock of Exchange. J ltd year of income runs from 1st January each year.
The following information obtained by the tax auditors in order to make re computation
(TZS)
Land 60,000,000 -
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useful life)
20th February: One station wagon imported for a cost of TZS 40,000,000
13th March: One machine used for manufacturing activities imported from Japan costing
TZS 40,000,000 installation cost incurred TZS 1,500,000 and testing cost TZS 500,000. The
machine was fixed in a factory.
Required
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On the basis of the information provided above, compute the Depreciation allowance for
year 2019 as per Income tax Act Cap 332 provisions
Question 2:
December, 2016.
TZS. TZS.
Dividends 30,000,000
600,000,000
Less expenses
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Legal expenses 4,000,000
Depreciation 59,000,000
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Sundry 200,000
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Formation of business 1,400,000
4. Sundry expenses
5. The Company acquired the following assets for its business and were used in 2016
b) Workshop 12,500,000
Required:
(a) Compute the depreciation allowance as per the third Schedule of the Income Tax Act,
Cap 332.
(b) Commencing with the net profit figure, compute the chargeable income of the
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