Public Finance and Taxation: Intermediate Level
Public Finance and Taxation: Intermediate Level
Public Finance and Taxation: Intermediate Level
AND TAXATION
Intermediate level
B4 B4
NBAA
NBAA
ii Public finance and National Income
Edition 1, Version 1
ISBN No 978-9976-78-086-4
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ISBN No 978-9976-78-086-4
978-9976-78-076-5
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FOREWORD.
FOREWORD.
The National Board of Accountants and Auditors is a professional body in Tanzania, established under the
Auditors and Accountancy Registration Act No 33 of 1972 (CAP 286 R.E.2002). The Board has been charged
The National
with among otherBoardthings,
of Accountants and Auditors
the responsibility is a professional
to promote, develop andbody in Tanzania,
regulate established
the accountancy under the
profession in
Auditors
the country.and Accountancy Registration Act No 33 of 1972 (CAP 286 R.E.2002). The Board has been charged
with among other things, the responsibility to promote, develop and regulate the accountancy profession in
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In fulfilling
students aspiring to sit for Accounting Technician and Professional Examinations. F u r t h e r , f or effective
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implementation statutory obligations,
the examination NBAA and
scheme prepares
improveNational Accountancy
examination Examination
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Study
students aspiring to sit for Accounting Technician and Professional Examinations. F u r t h e r ,
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andexamples
completeandknowledge
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that the
is
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following to match with the Competency Based Syllabi to enable the
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Section A B4and
Public finance – Public
NationalFinance
Income and Taxation
About the paper 1 Introduction to public finance and the role of the public 1i - - vi
. sector
2 Public Revenues 13 1
-
. 2
Section A 3 Theoretical Concepts ofPublic
Taxationfinance and National Income 23 -2
. 2
4 Public Expenditure 41 -4
1. Introduction
. to public finance and the role of the public sector 1 - 0 20
5 Government Budget 4
2. Public Revenues 21 - 28
6 Public Borrowings and Debt 8
3. Theoretical
. Concepts of Taxation 29 - 84
4. Public
7 Expenditure
Fiscal Policy 85 - 104
5. Government
8 NationalBudget
Income Accounting 105 - 120
6. Public Borrowings and Debt 121 - 128
7. Section B
FiscalTax
Policy
Laws, Administration and Practice in Tanzania
129 - 136
8. National Income Accounting 137 - 178
‘The book covers the entire syllabus split into various chapters (referred to as Study Guides in
the book). Each chapter discusses the various Learning Outcomes as mentioned in the
syllabus.
‘Get Through Intro’: explains why the particular Study Guide is important through real life
examples.
EXAMINATION STRUCTURE
The syllabus is assessed by a three hour paper based examination. The examination will consist of
two sections
A1
NATIONAL
SECTION A ACCOUNTING
SECTION A: and
Public finance PUBLIC FINANCE
AND NATIONAL
National Income INCOME
Public finance plays a vital role in deciding the fate of development of a country. How a
government raises funds, how those funds are spent and the effect of these activities on the
economy and society has, therefore, been a subject of continuing interest to thinkers since
ancient times.
Government needs funds to perform various functions to achieve economic and social
objectives. These funds are referred to as public revenue. The government receives revenue
from various sources like taxes, fees, grants etc; tax revenue is the major source of revenue
for any government.
One important aspect that first needs to be understood is why the Government needs to
intervene in the running of the economy. The emergence of public finance as a central discipline
in economics has its origin in the recognition of the fact that all the needs of the public cannot
be met by the private market. There is a risk that the public goods and services will not be
provided at all, or may be provided inadequately if left entirely to the private market. These are
goods and services that can be provided only by the government. A simple example could be
national defence.
This Study Guide explains the meaning of public finance, explain the economic functions of
public finance and explains the rationale behind the need for intervention of the government
in the economy.
a) Explain the meaning of public finance and describes the differences between public finance and
private finance.
b) Discuss the rationale for government intervention in the economy.
c) Discuss the economic functions of the government (allocation function, distribution function and
stabilization function)
d) Describe the importance of public finance
2 Public finance and National Income
1.1 The1.1
meaning of public
The meaning of finance
public finance
Public finance
Public finance is theofstudy
is the study the financial activities
of the financial of governments
activities and public
of governments andauthorities. It
public authorities. It
describes and analyzes the expenditures of government and the
describes and analyzes the expenditures of government and the techniques used by techniques used by
governments to finance
governments its expenditures.
to finance It dealsItwith
its expenditures. thewith
deals economic role of government
the economic as a as a
role of government
response to market failures, its limitation in responding to such failures,
response to market failures, its limitation in responding to such failures, the design the design and and
evaluation of expenditure and tax program, and short & long term consequences
evaluation of expenditure and tax program, and short & long term consequences of the of the
deficit in the economy.
deficit in the economy.
Public finance and private finance are based on the same fundamental principles and share
certain similarities, such as aiming for optimum use of limited resources, requiring efficient
administration etc. However, they are also different in many respects. Some of the differences
are discussed below:
Public Private
finance M finance
Public finance evaluates the role of the e Private finance refers to the monetary
government in a resources of an
the areas of income and expenditure (including n individual economic unit. It includes the income
administration and control) of public authorities
i and expenditure as well as the debt of
with a view to benefiting the public. n individuals and business entities.
g
O
The aim of public finance is to benefit the bj The aim of private finance is to bring about
public; and is utilised for the society as a ec benefits to individual economic units like
whole. tiv individuals, entities etc.
Naturee of
The government, which administers public investments On the other hand, private finance is
finance, is a perennial body. Hence, it invests held by individuals and who aim to make
in funds that have short term profits.
long term gestation periods (like Therefore, they invest their money majorly
development of iron industry) which would on short term investments.
bring about future economic
benefits. Sources of
The government has innumerable sources of income The sources of finance for private entities are
income limited in
like levy of taxes, printing currencies, raising comparison. The extent of availability of
loans internally as well as externally from finance depends upon the ability of an
bodies like world bank etc. The government individual / entity to raise money. Moreover,
can also call upon the resources of the society credit limit or loans are sanctioned based on
as a whole, in case of emergencies. the individual / entity’s repaying capacity.
Obligatory / elective
It is compulsory for individualsnature
to A private entity / individual cannot compel
contribute to the others to
government in the form of taxes, other levies extend finance to the entity/individual.
etc. Moreover, the government can, if
necessary, compel citizens to contribute, even
by force.
Benefi
The revenue collected by the In the case of private finance, the person/entity
ciaries
government goes back that
to its citizens in one form or the other. provides the finance usually gets the benefits.
However, the person who paid the taxes
may not be the one who receives the
benefits. In other words, the provider of
finance may not be the same individual / S
entity that
Details ofreceives
public the benefitsuch
finance, from it.
as the e In the case of private finance, these details can
contributors, the c be
amount of contributions, the r withheld from the general public; to some extent,
income and the expenditure, are made e the individuals and entities have a right to secrecy
public. c regarding their sources of finance, incomes and
y expenditures.
4 Public finance and National Income
2. Discuss
2. Discuss
thethe
rationale
rationale
forfor
government
government
intervention
intervention
in the
in the
economy.
economy.
[Learning
[Learning
Outcome
Outcome
(b)](b)]
2.02.0
Rationale
Rationale forfor
Government
Government Intervention
Intervention in The
in The
Economy.
Economy.
TheTheidea
idea
of government,
of government, although
although
thenthen
notnot recognised
recognised
as government,
as government, hadhad
been
been
instituted
instituted
among
amonghumans
humans
even
evenbefore
beforethethe
recorded
recorded
history.
history.
Initially,
Initially,
thethesocieties
societies
thatthat
were
werea very
a very
small
small
group
group
of individuals
of individuals
would
would
manage
manage themselves
themselves withwith
relatively
relatively
littlelittle
government.
government. ButButwhenwhenthethe
societies
societies
started
started
becoming
becominglarge,
large,
complex
complex andand technologically
technologicallysophisticated,
sophisticated, thetheneed
need
arose
arose
for for
a referee,
a referee,
a rule
a rule
setter
setter
andandauthority
authority
for for
settling
settling
disputes.
disputes.
TheThegovernment
government plays
plays
a key
a keyrolerole
in solving
in solvingproblems
problems in the
in the
country.
country.
To Toachieve
achieve
this,this,
thethe
government
government
needs
needs
to expand
to expand its activities
its activities
through
through
thethe
expansion
expansion of the
of the
public
public
sector.
sector.
ButButthethe
important
important issue
issue
thatthat
firstfirst
needs
needs
to be
to be
understood
understood is why
is why
doesdoes
an aneconomy
economy require
require
a public
a public
sector
sector
at all;
at all;
whywhy
is itisnot
it not
possible
possible
for for
thethe
private
private
sector
sector
i.e. i.e.
thethe
market
market
to take
to take
carecare
of all
of that
all that
thethe
people
peoplein the
in the
country
country
need need
for for
theirtheir
living
living
andandwell-
well-
being?
being?
TheTheanswer
answer to this
to this
cancanbe befound
found
in the
in the
factfact
thatthat
thethe
economic
economic activity
activity
of the
of the
private
private
sector
sector
cancan
never
never
fulfilfulfil
all all
thetherequirements
requirements of of
a society.
a society. SomeSome goodsgoods(known
(known as aspublic
public goods)
goods) havehavecertain
certain
inherent
inherent
characteristics
characteristics duedueto which
to which it becomes
it becomes impossible
impossible for for
thetheprivate
privatesector
sector
to toprovide
providethese
these
goods
goods to to
thethesociety;
society; for for
instance,
instance,thethe
national
national
defence
defence function
function
cannot
cannot
be be
undertaken
undertaken by the
by the
private
private
sector.
sector.
Certain
Certain
otherotherpublic
public
goods
goodscancanactually
actually
be beprovided
providedby by
thetheprivate
private
sector,
sector,butbutoften,
often,
thethe
supply
supply
of such
of such
goods
goodsfallsfalls
shortshort
of the
of the
demand.
demand. TheThe
mainmainreason
reason
for for
thisthis
is that
is that
thethe
efficient
efficient
functioning
functioningof the
of the
market
market
system
systemrequires
requirescertain
certain
characteristics
characteristicssuchsuchas perfect
as perfect
competition
competition in the
in the
entire
entire
market,
market,perfect
perfect
knowledge
knowledge
of the
of the
market,
market, perfect
perfect
mobility
mobilityetc.etc.
These
Theseconditions
conditionsareare
hardly
hardlyever
ever
fulfilled
fulfilled
in ainmarket
a marketeconomy.
economy. As As
a a
result,
result,
public
public
goodsgoods
areareunderprovided
underprovided by the
by the
market.
market.
There
Therearearetwotwoeconomic
economic rationales
rationales
for for
government
government intervention
interventionin the
in the
economy:
economy: social
social
efficiency
efficiencyandand
equity.
equity.
Social
Social efficiency
efficiencyis achieved
is achieved at at
thethepoint
point
where
wherethethemarginal
marginal benefits
benefits
to tosociety
society for for
either
either
production
production or consumption
or consumption areareequal
equal
to the
to the
marginal
marginal
costs
costs
of either
of either
production
production
or consumption.
or consumption. Issues
Issuesof of
equity
equity
arearedifficult
difficult
to judge
to judge duedueto the
to the
subjective
subjectiveassessment
assessment of what
of whatis, and
is, and
what
what
is not,
is not,
a fair
a fair
distribution
distribution
of resources.
of resources.
Some
Some of the
of the
mainmain
reasons
reasons for for
market
marketfailure
failure
are:are:
thethe existence
existence of monopoly
of monopoly in many
in manyareas,
areas,
thethe failure
failure
of the
of the
price
price
to reflect
to reflect
thethe
opportunity
opportunity
cost,
cost,
thethe presence
presence of spill
of spill
overs,
overs,
decreasing
decreasing costs,
costs,
immobility;
immobility;
andand imperfect
imperfect
knowledge.
knowledge.
TheThefailure
failure
of the
of the
market
market
system
system
calls
calls
for for
government
government
action.
action.
TheThe
need
need
for for
government
government
activity
activity
arises
arises
duedue
to the
to the
following
following
reasons:
reasons:
To Toensure
ensurethethe
production
production of goods
of goods andandservices
services thatthat
could
could
notnot
be be
supplied
suppliedby by
thethe
private
private
sector.
sector.
In aInfree
a free
market
marketthere
there
may may
be be inadequate
inadequate provision
provision
for for
dependants
dependants
andand
an an
inadequate
inadequateoutput
output
of merit
of merit
goods.
goods.
AlsoAlso
thethe
activities
activities
involving
involvingrisks
risks
andand
longlong
gestation
gestation
period
period
areare
notnot
thethe
preferred
preferred
choice
choice
of the
of the
private
private
sector.
sector.
Government
Government intervention
intervention ensures
ensures thethe
smooth
smooth
supply
supply
of the
of the
public
public
goods
goods
andand
supply
supply
in in
adequate
adequatequantity.
quantity.
To Toavoid
avoidfailure
failure
of the
of the
market
market
mechanism
mechanism in safe
in safe
guarding
guarding
thethe
interest
interest
of consumers.
of consumers.
Markets
Markets
may may
respond
respondlethargically
lethargically
to fluctuations
to fluctuations
in demand
in demand
andand
supply
supply
which
which
may may
leadlead
to an
to an
imbalance
imbalance
andand
instability
instability
in the
in the
economy.
economy.
Introduction to Public Finance: 5
3.03.0
Discuss
Discuss
thethe
Economic
Economic Functions
Functions
of of
thethe
Government
Government
(Allocation
(Allocation
function,
function,
Distribution
Distribution
function
function
andand
stabilization
stabilization
function).
function). [Learning
[Learning
Outcome
Outcomeb] b]
3.0 3.0
T heT he
Eco Enco mn oi cmFunctions
i c Functions of tof
h et hGeoGv eorvnem
r nemn te (Allocation
n t (Allocation
Function,
Function, Distribution
Distribution
Function
Functionandand
Stabilization
Stabilization
Function).
Function).
There
There
are are
various
various
functions
functions
of governments
of governments in market
in marketeconomies
economies identified
identified
by various
by variouseconomists.
economists.
These
These
functions
functions
mainly
mainly
include
include
providing
providing
the the
legal
legal
andandsocial
social
framework,
framework, maintaining
maintaining
competition
competition
in the
in the
market,
market,
providing
providing
public
public
goods goodsandand
services,
services,
redistributing
redistributing income,
income,correcting
correcting
the the
externalities
externalities
andand
stabilizing
stabilizing
the the
economy.
economy.
Richard
Richard
Musgrave
Musgrave
hashas
divided
divided
the the
economic
economic
rolerole
of government
of government
intointo
three
three
major
major
functions:
functions:
3.1 3.1
Allocation
Allocation function
function
Allocation
Allocation
function
functiondeals
deals
withwith
the the
determination
determination of the
of the
appropriate
appropriate process
processto divide
to dividethe the
totaltotal
resources
resources
of the
of the
community
community between
between private
private
goodsgoodsandand social
social
goods.
goods. Government
Government hashas to provide
to provide for for
public
public
goods
goodsandand services,
services,
such suchas as national
nationaldefense,
defense,primary
primary education,
education, public
public
transport,
transport,healthhealth
care,
care,
government
government administration
administration etc.etc.
Private
Private
goods
goodsare are
available
available
to only
to onlythosethose
whowho
cancan buybuythem.
them. Therefore
Therefore
these
these
are are
limited
limited
to some
to some individuals
individuals of the
of the
community.
community. On On the theotherother
hand,
hand,public
public
goodsgoods mustmust
be be
available
available
to all,
to all,
even even
to those
to thosewhowho can'tcan't
afford
afford
them them
financially.
financially.Thus,Thus,the the
public
public
goodsgoods
are are
essential
essential
for for
consumers
consumers but butcannot
cannotbe be provided
provided through
through market
marketmechanism
mechanism andand therefore
therefore government
government hashasto to
provide
provide
them. them.ThisThis
makes
makes it vital
it vital
for for
the the
government
government to allocate
to allocateits resources
its resources to ensure
to ensurethe theessential
essential
public
public
goodsgoods andandservices
servicescancanbe provided
be provided to the
to the
people
peopleof the
of the
country.
country.
TheThefunction
function of determining
of determining the the
fundsfunds
allocation
allocation
is closely
is closely related
related to the
to the
issues
issuesof taxation
of taxation andand
spending.
spending.TheThe allocation
allocation
of funds
of fundsdepends
depends upon upon
the the
revenue
revenue collected
collected by the
by the
government
government in the
in the
formform
of taxes
of taxes
andand dutiesduties
andandthenthenusingusing
thatthat
revenue
revenue for the
for the
specified
specifiedpurposes.
purposes.
TheThenational
national budget
budgetof the
of thecountry
countrydetermines
determines the the
various
variousoverheads
overheads for for
whichwhichthe the
fundsfundsare are
to be
to be
allocated.
allocated.
TheThe budget
budget
specifies
specifiesthe the
amountamountof funds
of funds
set set
asideaside
for for
the the
purposes
purposes specifically
specificallylaidlaid
out out
by by
the the
government.
government. Thus,
Thus, proper
properallocation
allocationof sufficient
of sufficientfundsfundsfor for
appropriate
appropriate purposes
purposes hashas a direct
a direct
impact
impact
on the
on theeconomic
economic development
development of the
of the
country.
country.
3.2 3.2
Distribution
Distribution function
function
Distribution
Distributionfunction
functionwithwith
reference
referenceto public
to public
finance
finance
refers
refers
to activities
to activities
andand
policies
policies
of the
of the
government
government
thatthat
affect
affect
the thedistribution
distribution
of income
of income andandwealth.
wealth.
Distribution
Distributionsimply
simply
means
meansthe the
sharing
sharing
of national
of national
income
incomeby individuals
by individuals in ainsociety.
a society. Everything
Everything thatthat
the the
government
government does,
does,
suchsuchas as
framing
framing
policies
policies
to provide
to provideprimary
primaryeducation
education or toor make
to makeavailable
available
subsidised
subsidisedfoodfood
to underprivileged
to underprivilegedsections
sections
of the
of the
society
society
etc.,etc.,
affects
affects
the the
distribution
distributionof income
of income andandwealth
wealthto various
to varioussections
sections
of the
of the
society.
society.
TheThe
market
marketforces
forcescannot
cannotbe berelied
relied
uponuponto create
to create an anequal
equalsociety;
society;
therefore
therefore
a budgetary
a budgetaryprocess
processis is
required.
required.
Under Under
the the
allocation
allocation
function,
function,
the the
fiscal
fiscal
policies
policies
set set
out out
the the
various
various
overheads
overheads andand
alsoalso
set set
aside
aside
fundsfundsfor for
each each
of the
of the
overhead.
overhead. TheThedistribution
distribution
function
function
thenthen
determines
determinesmoremore
specifically
specifically
howhow
those
those
fundsfunds
will will
be distributed
be distributed through
through
various
various
sections
sections
of the
of the
economy.
economy.
3.3 3.3
Stabilisation
Stabilisation function
function
Stable
Stableeconomic
economic growth
growth is the
is the
keykey
objective
objectiveof theof the
budgeting
budgetingprocess.
process.
TheThe stabilisation
stabilisation
function
function
is is
another
anotherimportant
important function
function of the
of the
economic
economic policy
policy
to achieve
to achievethe the
objective
objective
of stable
of stable
economic
economic growth.
growth.
Stabilisation
Stabilisation refers
refers
to those
to those government
government actions
actionsthatthat
influence
influence
the the
overall
overall
level
level
of employment,
of employment, output
output
andand
prices.
prices.TheThe stabilization
stabilization function
function
attempts
attempts to maintain
to maintaina reasonable
a reasonable degree
degreeof price
of price
stability.
stability.
TheThe
economic
economic instabilities,
instabilities,
whether
whether under
under
conditions
conditions of inflation
of inflation
or depression,
or depression, affect
affect
the the
economy
economy of aof a
country.
country.EveryEverychange
change in the
in the
economy
economy will will
have have
the the
effect
effect
of benefiting
of benefiting
someone
someone in the
in the
community
community
andand
harming
harming others.
others.
In such
In sucha situation,
a situation,
the the
appropriate
appropriatepolicy
policy
measures
measures applied
applied
by the
by the
government
government to to
avoid
avoid
the the
situations
situationsof infla-
of infla-
tiontion
andand
unemployment
unemployment helphelp
in levelling
in levelling
the the
aggregate
aggregatedemand
demand in the
in the
6 Public finance and National Income
economy of the country. Such measures are called stabilisation measures. It is also important to
note that the economic measures are not the only means of achieving economic stabilisation;
the monetary policy, debt policy and income policy also need to be considered. Monetary and
economic policies often complement each other. The economic growth of the country could become
unstable unless appropriate restrictions are put on spending which ultimately may result in periods of
unrestrained growth and contraction. While many economists criticise the policy of the government to
put restraint, the stock market crash of 1929 made it clear that unregulated growth could have serious
consequences. The market is cyclical in nature i.e. when growth periods end they are followed by
contraction in the form of recessions. Thus, it is evident that unrestrained growth of the market cannot
continue for an indefinite period. Therefore, it is imperative that the economic policies are designed to
anticipate and mitigate the effects of such economic trench.
Self-Examination Questions
Question 1
Free riders are actors who take more than their fair share of the benefits or do not shoulder their fair share of
the costs of their use of resource, involvement in a project, etc. The free rider problem is the question of
how to prevent free riding from taking place, or at least limit its effects.
Required:
(a) Explain any six [6] solutions to the free rider problem.
(b) Define a public good and explain two main properties of such a good.
Introduction to Public Finance: 7
Question 2
In the presence of externalities, an inefficient allocation of resources can emerge if nothing is done about it.
Therefore, private individuals acting on their own and the government may intervene to make sure there is
efficient allocation of resources.
Required:
Explain any five specific measures to be taken by private individuals and the government to reduce the
effect of externalities.
Question 3
Over time, the mix between public and private modes of provision of public goods has changed substantially.
There is much greater private responsibility for education, health, related security services and other related
services than in the past. No one can predict with greater accuracy what will happen in the future but the
right mix of public and private provision of goods should be a topical issue in the near future.
Required:
Briefly describe any FOUR considerations which should be taken into account in finding the right mix of
public and private provision of goods.
Question 4
The market often fails, but the government often does not succeed in correcting the failures of the market.
The recognition of the limitation of the government implies that the government should direct its focus only to
those areas in which the market failures are most significant and where there is evidence that the
government intervention can make a significant difference.
Required:
Describe different schools of thought and perspectives on the role of the government in the economy.
Question 5
(a) Identify any four (4) characteristics which differentiate public goods from private goods.
(b) ‘A perfectly competitive economy is capable of functioning satisfactorily without formal government
intervention and so without taxation. This is, however, far apart from the world of reality’
Required:
(i) In view of this statement, discuss the economic role of the government in supplying public
goods to the economy.
(ii) Identify possible positive and negative implications of recommended government
intervention to the market system.
Question 6
Public finance plays a vital role in deciding the fate of development of a country. How a government raises
funds, how those funds are spent and the effect of these activities in the economy and society has been a
subject of continuing interest to thinkers since ancient times.
Required:
Question 7
(a) Describe the meaning of a “public good”.
(b) The concept of “public goods” is confusing because it confounds three analytically distinct concepts:
excludability, rivalry and public finance.
Required:
Explain why public goods are regarded as pedagogical bad.
Question 8
Government provides public goods and merit goods because some of these goods have characteristics
which make them less suitable for market provision.
Required:
Explain briefly the concepts of “public goods” and “merit goods”, and describe at least two characteristics
which make government intervention in their provision inevitable.
Question 9
(a) Explain the functions of a government relating to public finance, in a developing economy.
(b) Public finance can be viewed in different perspectives depending on the role of the government in
the area of income and expenditure (including administration and control) of public authorities with a
view to benefiting the public.
Required:
Briefly discuss the perspective of public finance as science and as a process in the area of income
and expenditure.
Question 10
(a) Juma has been wondering why governments interfere in an economy causing in many cases market
distortion. Since his academic background is medicine, he has approached you to advise him on that.
Required:
Discuss why government can be compelled to interfere in a successful free market economy.
(b) Externalities are those gains and losses sustained by others as a result of actions initiated by producers
or consumers or both, and for which no compensation is paid. Externalities are sometimes called “third
part effects”, “neighborhood effects” or Spillovers”. As an example of an externality, consider a chemical
firm which discharges noxious wastes into a river estuary, killing all the fishes and resulting in
endangering the livelihood of the fisherman: nothing is paid for this loss.
Required:
Discuss at least four approaches that local or national governments can use in an attempt to control
pollution (negative externalities) and its effects.
Question 11
(a) Public goods and services are generally provided by the government with a view of satisfying public
needs. Sometimes a government may provide goods at a price while an individual or firm may
provide goods for free.
Required:
Comment on whether:
(i) A bridge constructed by the government, whereby bridge toll is charged, amounts to a public
good.
(ii) A bore hole dug by a private firm, whereby anybody can fetch water for free, amounts to a
private good.
(b) Not all goods may be purely public goods. Some goods have characteristics of both private and
public goods.
Introduction to Public Finance: 9
Required:
Required:
Briefly
Briefly
discuss,
discuss,
with with
the help
the help
of examples,
of examples,
whenwhen
will education
will education
and and
national
national
parkpark
fail to
failmeet
to meet
the the
criteria
criteria
of pure
of pure
public
public
goods.
goods.
Question
Question
12 12
BothBoth
allocation
allocation
and and
distribution
distribution
fiscalfiscal
functions
functions
of public
of public
sector
sector
are designed
are designed
to shift
to shift
resources
resources
fromfrom
one one
pointpoint
to another
to another
in order
in order
to achieve
to achieve
fairness
fairness
and and
equity
equity
within
within
the society.
the society.
Required:
Required:
Distinguish
Distinguish
between
between
the two
the fiscal
two fiscal
functions.
functions.
Question
Question
13 13
(a) (a) Describe
Describe
at least
at least
four four
rolesroles
of public
of public
finance
finance
in a country’s
in a country’s
economy.
economy.
(b) (b) Explain
Explain
at least
at least
four four
primary
primary
functions
functions
of a of
government
a government
relating
relating
to the
to public
the public
finance.
finance.
Question
Question
14 14
Often
Often
missing
missing
fromfrom
the discussion
the discussion
and and
current
current
thinking
thinking
on the
on role
the role
and and
nature
nature
of government
of government
intervention
intervention
in in
the economy
the economy
is theis negative
the negative
implications
implications
associated
associated
with with
the government
the government intervention.
intervention.
Required:
Required:
Evaluate
Evaluate
the likely
the likely
harmful
harmful
effects
effects
that that
government
government
intervention
intervention
is likely
is likely
to create.
to create.
Answer
Answer
to Self-Examination
to Self-Examination
Questions
Questions
Answer
Answer
to SEQ
to SEQ
1 1
(a) (a) Possible
Possible
solution
solution
to free
to free
riderrider
problem
problem
(i) (i) Dominant
Dominant Assurance
Assurance Contracts.
Contracts. Assurance
Assurance contracts
contractsare contracts
are contracts in which
in whichparticipants
participants
make make
a binding
a binding
pledge
pledge
to contribute
to contributeto a to
contract
a contract for building
for buildinga public
a public
goods,goods,
contingent
contingent
on on
a quorum
a quorumof a of
predetermined
a predetermined size size
being being
reached.
reached. Otherwise
Otherwise theirtheir
moneymoneyis refunded.
is refunded. A A
dominant
dominant
assurance
assurance contract
contract
is a isvariation
a variation
in which
in whichan entrepreneur
an entrepreneur creates
creates
the contract
the contract
and and
refunds
refunds
the initial
the initial
pledge
pledge
plus plus
an additional
an additionalsumsum of money
of money if theif quorum
the quorum is notis reached.
not reached.
(ii) (ii) Coasian
CoasianSolution.
Solution.The The
coasian
coasiansolution,
solution,
named named for thefor theeconomist
economist RonaldRonald
Coase Coase
and and
unrelated
unrelated
to the
to Coase
the Coasetheorem,
theorem,proposes
proposesa mechanism
a mechanism by which
by whichpotential
potential
beneficiaries
beneficiaries
of of
a public
a public
goodgood
bandbandtogether
together
and and
poolpool
theirtheir
resources
resources based based
on their
on their
willingness
willingnessto pay
to pay
to to
create
create
the the
public
public
good.good.Coase Coasearguedargued
that that
if the if the
transaction
transaction costscosts
betweenbetween potential
potential
beneficiaries
beneficiaries
of a of
public
a public
goodgood
are sufficiently
are sufficientlylow, low,
and andit is therefore
it is thereforeeasyeasy
for beneficiaries
for beneficiariesto to
find find
eacheach
otherother
and andpoolpool
theirtheir
money money
based basedon the on public
the public good’s good’s
valuevalue
to them,
to them,thenthen
an an
adequate
adequate
levellevel
of public
of public
goods goods
production
productioncan canoccur occurevenevenunder under
competitive
competitivefree free
market
market
conditions.
conditions.
In some
In someways,ways,
the formation
the formationof government
of government and andgovernment-like
government-like communities
communities
suchsuch
as homeowners
as homeowners associations
associations can can
be thought
be thought of asofapplied
as applied instances
instances
of practicing
of practicing
the the
coasian
coasian
solution
solution
by creating
by creating
institutions
institutions
to reduce
to reduce transaction
transaction costs. costs.
(v) Incomplete Markets. Pure public goods and services are not the only goods and services
that private markets fail to provide adequately. Whenever private markets fail to provide
goods or service even though the cost of providing it is less than what individuals are willing
to pay, there is a market failure that we refer to as Incomplete Markets (because a complete
market would provide all goods and services for which the cost of provision is less than what
individuals are willing to pay).
(vi) Imperfect Competition. For market to result in Pareto efficiency, there must be perfect
competition-that is, there must be sufficiently large number of firms that each believes it has
no effect on prices. But in some Industries, there are relatively few firms, or one or two firms
have a large share of the market. Output in imperfect competition is lower than competitive
output hence welfare loss. Government can attempt to reduce or eliminate inefficiency
resulting from market power by making it illegal for a firm or a group of firms to exercise or
acquire market power.
(vii) Asymmetric Information. One of the most common information problems occur when
participants in potential exchange are not equally well informed about the product or service
that is offered for sale. Economists use the term asymmetric information to describe
situations in which buyers and sellers are not equally informed about the characteristics of
products or services. In these situations sellers are typically much better than buyers, but
sometimes the reverse will be true.
(viii) Merit Goods. A merit good is defined in economics as a good that is under consumed if
provided by the market mechanism because individuals typically consider how the good
benefits them as individuals rather than the benefits that consumption generates for others
in society. In economic terms, this is because the positive externalities of the good are not
internalized by consumers. To increase efficiency, the state may choose to encourage
greater production or consumption of a merit good through state provision, regulation,
subsidies or to produce the good itself. Goods typically considered to be merit goods include
education and preventive healthcare.
(b) A public good is a good that is hard or even impossible to produce for private profit, because the
market fails to account for its large beneficial externalities. By definition, a commodity is called a
public if its consumption by any one person does not reduce the amount available to others. Or a
good is said to be a public if providing good to anyone makes it possible, without additional cost, to
provide it to everyone. Public good possess two properties:
(i) Non-rivalrous: Its benefits fail to exhibit consumption scarcity; once it has been produced,
everyone can benefit from it without diminishing other’s enjoyment. If this good is supplied
to one person there are huge positive externalities to others.
(ii) Non-excludable: Once it has been created, it is very difficult to prevent access to the good
by others. Defence is a good example of this. If defence forces exist to protect a country
from external aggression, then it is impossible to exclude anybody in that country from being
defended.
A free market is highly unlikely to produce the optimum amount of any public good. Such important
goods like national defence will be under produced due to the free rider problem.
Introduction to Public Finance: 11
Answer to SEQ 2
Mergers. This is the process of internalizing it by combining the parties involved in generating
the externality. This may result each part to be more responsible and take the corrective
measure so that the total effects of the externality won’t affect their welfare. However,
sometimes it is very difficult to have a merger when the externality involved is the large scale
where many parties are involved.
Social conventions. This is when the certain social conventions attempts to force people to
take into account the externalities they generate.
Government Response
Taxes. This is when the government levy tax on the polluter that makes up for the fact that
some of the inputs are priced too low. This is known as Pigouvian tax, named after British
Economist A.C. Pigou in the 1930s. The tax is levied on each unit of polluter’s output in an
amount just equal to the marginal damage it inflicts at the efficient level of output.
There are practical problems in implementing Pigouvian tax system, including determination of
the correct tax rate to use. More generally the tax approach assumes it is known who is doing
the polluting and in what quantities. In many cases, these questions are hard to answer.
Subsidies. Given the fixed number of polluting firms, the efficient level of production can be
obtained by paying the polluter not to pollute. Although this notion may at first seem peculiar, it
works much like tax scheme. This is because a subsidy for not polluting is simply another
method of raising the polluter’s effective production cost.
Creating a Market. The inefficiencies associated with externalities can be linked to the absence
of a market for the relevance resource. This suggests another way for the government to
enhance efficiency-sell producers permits to pollute. By doing so, the government in effect
create market for clean air or water that otherwise would not have emerged.
Establish Property Rights. Under certain circumstances, it may make sense for the
government to create conditions that allow a market to come into existence but then stay out of
the market.
Regulation. Under regulation, each polluter is told to reduce pollution by a certain amount or
else face legal sanctions. Regulation is likely to be inefficient when there is more than one firm.
Evaluation. The presence of externalities often requires some kind of intervention to achieve
efficiency. Implementing any environmental policy entails a host of difficult technical issues. No
policy is likely to do a perfect job. However, most economist prefer market oriented solutions
which are more likely to achieve efficient outcome than direct regulation.
Answer to SEQ 3
In finding the right mix of the public and private position, the following should be considered:
(i) Relative wage and material cost: If the public and private sectors pay different amounts for
labor and material, then the less expensive sector is to be preferred on efficiency grounds. Input
costs faced by public and private sectors may differ if public sector employees are unionized
while their private sector counterparts are not.
(ii) Administrative cost: Under the public provision, any fixed administrative costs can be spread
over a large group of people. Instead of everyone spending time negotiating an arrangement for
garbage collection, the negotiation is done by one office for everybody. The larger the
community, the greater the advantage to being able to spread these costs.
12 Public finance and National Income
(iii) Diversity of tastes: Households with and without children have different view about the
desirability of high – quality education.
(iv) Distributional issues: The community notions of fairness may require that some commodities
be made available to everybody, an idea sometimes referred to as commodity egalitarianism.
Answer to SEQ 4
(ii) Perspectives – Administration role, protection role, social role, economic role,
development role.
Answer to SEQ 5
(a) Characteristics of public goods (or social goods) vs private goods (market goods)
Product divisibility ( non –exclusion)
Public/social goods are indivisible/are difficult to price in order to prevent some members of the
society from its benefits. That is, the use of such goods does not reduce its availability to others.
Externalities
In contrast to private goods, pure public goods are characterized by the existence of externalities
(also known as spillover effects, neighbourhood effects or third party effect), which represent
economic effects which flow from their production or use to other parties of economic unit.
-Provision of merit goods, such as education and health services can best be
achieved by the government.
- When intervention is through taxation high taxes may serve as disincentive to invest,
and work
- When intervention is through borrowing to finance growing government spending,
borrowing may affect private investment since government accesses funds that could
otherwise have been invested in the private sector, i.e. crowding out effect.
- May lead to a movement of resources in to more unproductive use.
- Continuous expansion of government moves expenditure in to less and less productive
activities
Possibility of rent-seeking activities, i.e. people will tend to obtain income by having government transfers to
themselves rather than providing goods and services to others.
Answer to SEQ 6
To ensure the production of goods and services that could not be supplied by the private
sector.
To avoid failure of the market mechanism in safe guarding the interest of consumers.
To establish the economy by controlling the ups and downs in the economy.
To use the appropriate combination of taxes and subsidies as means of correcting market
distortions.
To set up regulatory bodies to monitor and control activities which are against the public
interest.
Answer to SEQ 7
a) Public goods and services are produced by the government sector with a view to satisfying public
needs. For example, national safety, public healthcare, clean air etc.
b) Public goods have two principle characteristics – non – exclusion and non – rival consumption.
Each of the characteristics is explained below:
14 Public finance and National Income
Non-exclusion
- Non-exclusion means that it is impossible to prevent people from using the
goods/service or the cost of restricting the use of the goods to selected persons is
exorbitant.
Non-rival consumption
- Non-rival consumption means that the use of goods by one individual does not
reduce the quantum of goods available to others; or the same goods can be used
simultaneously by a number of people.
(i) Non-rivalry creates the problem of public finance: how to pay for goods that, from a point of
view of economic efficiency, should be provided at low cost or free of charge, because the
marginal cost of an additional user is (close to) zero.
(ii) Non-excludability can be thought of as the problem of definition and enforcement of property
rights: how to make agents take account of the effect their actions on others.
(iii) The public goods discussion violates the first basic pedagogical principle: explain one thing
at a time. Confounding rivalry and excludability, it attempts to teach these two analytically,
empirically and economically different concepts together.
(iv) The problem of public finance and the problem of the definition of property rights are
confounded into one lecture, one chapter, what seems to be one idea. Moreover, to the
extent that the pure public goods discussion ignores goods that are rival but non-excludable,
or goods that are non-rival but excludable, the implications of rivalry or excludability are not
fully discussed. Hence the second pedagogical principle, begin with basic concepts and
work upwards, is violated.
(v) Finally, the concept of public goods is not grounded in reality. The concept of excludability,
as defined in public goods textbooks, is based on technology that is whether or not it is
technologically feasible to exclude those who do not pay from using the good. However,
technological feasibility is a hypothetical construct.
Answer to SEQ 8
Public goods are the goods which are provided by the government principally because of the jointness of
their consumption, non-exclusion and non rivary. These include defence, law and order, street lighting,
urban parking, urban cleaning etc.
The government must provide these since the exclusion principle cannot be applied, i.e. there is absolute
jointness in consumption, and hence, no one can be separated from consuming the product.
Merit goods are goods which are provided by the state mainly because of ignorance and externalities. Also,
merit goods are provided by government because are important and it provided by private sectors many
people could not afford them. Such merit goods are education and health services. Characteristics of social
goods and merit goods which make them less suitable for market provision.
Answer to SEQ 9
(a) Three key economic functions or roles of the government as stipulated by Richard Musgave are
explained here under:
(i) Allocation functions
Allocation function deals with the determination of the appropriate process to divide the total
resources of the community between private goods and social goods. Since private goods
are available to only those who can buy them, the government has to provide for public
goods and services, such as national defense, primary education, public transport, health
care, government administration etc.
Introduction to Public Finance: 15
Considering the fact that, private goods are limited to some individuals of the community.
Public goods must be available to all, even to those who can’t afford them financially.
Therefore the allocation of funds depends upon the revenue collected by the government in
the form of taxes and duties and then using that revenue for the specified purposes.
(b)
(i) Public Finance is considered as science because it requires the application of scientific methods
of investigation. It is concerned with the study of how the government collect revenue, how the
expenditure is financed and how this procedure is monitored. It includes the study of the principles
applied while raising revenue, and spending of that revenue by the Government. However, depends
upon two others other sciences – Political Economy and Political Science.
(ii) Public finance is also regarded as a process in the sense that it studies and documents the
steps followed by the public authorities in order to resolve financial problems. It further concerned
with in the operational issues regarding the laws relating to finance in the economy/country and it
shows the methods of income collection (by way of various types of taxes etc.), the amount of funds
collected, and also how these sources of funds are classified.
Answer to SEQ 10
(iii) Maximizing social welfare is one of the most common and best
understood reasons for government intervention. Examples of this include breaking up
monopolies and regulating negative externalities like pollution.
(b) There are a number of approaches that local or national government can use in an attempt to control
pollution and its effects. These include:
16 Public finance and National Income
(v) Subsidies
Efficient level of production can be obtained by paying subsidies to polluters for not
producing above certain limits.
Answer to SEQ 11
The bridge that charges tolls does not qualify to be recognized as a public good.
Public goods are provided free of charge and charging a price is a characteristic of a private
good.
Introduction to Public Finance: 17
Also public goods have a characteristic of non-exclusion. That is, one may not be excluded
from consuming the good.
In this case, those who have no ability to pay tolls will be excluded from consuming the good
(crossing the bridge)
ii) The provider of good does not necessarily make a good private or public.
In this case the bore hole is not a private good since it has characteristics of a public good.
Therefore, the bore hole is public good although it may not be as pure public good as
national defense or road might be.
Now education and national park may lose the characteristics of pure public goods if they miss
any of the above characteristics.
For example, when education institutions and national parks charge fees to get access to
education/national parks they will no longer be pure public goods/services.
By charging prices also access to education/national parks becomes restricted to those who can
afford the fees.
Also, where access to education is limited (even if it is free) and thus provided to some individuals
who meet certain criteria, this means exclusion of some members from its consumption.
Similarly, it would be the case to national parks where there are certain requirements to be
fulfilled by entrants (e.g. must use four-wheel drive motor vehicles). This excludes some
members from national parks entry who cannot meet the requirements.
Answer to SEQ 12
Allocation function shifts resources from the satisfaction of private wants to that of public wants
Distribution function shifts resources from the disposal of one individual to that of another (between
alternative private wants)
18 Public finance and National Income
Answer to SEQ 13
(i) Providing basic utility services and promoting social and economic development
The government is mainly engaged in providing public utility services like electricity,
telephone, roads and high ways, transportation facilities etc. to the public such services are
provided at economical rates so that these can be veiled by common man. The government
generally establishes its own monopoly over the supply of such services, with a view to
avoid consumer exploitation. In providing of such services the government invests in social
and economic capital.
Answer to SEQ 14
Likely harmful effects/negative implication the process of government intervention is likely to create
(i) Higher taxes or further borrowing required to finance growing government expenditure inhibit
growth.
High taxes serve as disincentives for households to invest, take risk and find jobs
Borrowing on affect private investment since government accesses funds that could
otherwise have been invested in the private sector, thus crowding out private
investment.
(ii) Large government sector increases potential profits from rent-seeking activities.
May lead to a movement of resources in to a more unproductive use.
Rent-seeking occurs when people try to obtain income by having government
transfers to themselves rather than providing goods and services to others.
Engender corrupt practices where governance is weak.
E.g. offering generous tax incentives to investment which would have come anyway.
This is a loss to the government.
(iii) Continuous expansion of government move expenditure in to less and less productivities.
(iv) Continuous expansion eventually result in to government becoming too large and carries out
activities which it is ill-suited.
20 Public finance and National Income
A2
SECTION A
In case of a company, revenue is the income derived from sale of goods or services and in case of
non- profit organisations, revenue is in the form of donations or membership fees etc. In other
words, revenue is income received by an organisation. Revenue is very important for financial
statement analysis. The performance of an organisation is measured in terms of net profit earned
by the organisation (profit = net sales less expenses) as well as in terms of the top- line i.e.
revenue earned by the company.
Government needs funds to perform various functions to achieve economic and social objectives.
These funds are referred to as public revenue. Government receives revenue from various
sources like taxes, fees, grants etc; tax revenue is the major source of revenue for any
government. Revenue obtained by Government from sources other than tax is called Non- Tax
revenue.
This Study Guide discusses the meaning and type of government revenue
2.0 Describe the sources of government revenue (Tax and nontax revenues)
Taxes are the first and foremost sources of public revenue. Taxes are compulsory payments to
government without expecting direct benefit or return by the tax payer. Taxes collected by Government
are used to provide common benefits to all mostly in form of public welfare services. Taxes do not
guarantee any direct benefit for person who pays the tax. It is not based on direct quid pro quo
principle.
Characteristics of Tax
(a) A tax is a compulsory payment made to the government. People on whom a tax is imposed must
pay the tax. Refusal to pay the tax is a punishable offence.
Public Revenue: 23
(b) There is no quid pro quo between a taxpayer and public authorities. This means that the tax payer
cannot claim any specific benefit in return for the payment of a tax.
(c) Every tax involves some sacrifice on part of the tax payer.
(d) A tax is not levied as a fine or penalty for breaking law.
The governments collect tax revenue by way of direct & indirect taxes. Direct taxes includes; Corporate
tax; personal income tax capital gain tax and wealth tax. Indirect tax includes custom duty, central excise
duty, and VAT and service tax.
The revenue obtained by the government from sources other then tax is called Non-Tax Revenue. The
sources of non-tax revenue are :-
(i) Grants or aids
Grants can be defined as the non- repayable voluntary transfer of resources.
The grants could be of the following types:
Grants provided by the central government to state government for
specific objectives
Grants provided by foreign countries to the Central/ State Governments (also called as
foreign aid). Foreign aid may be given to support social causes, for contribution during
emergencies/ natural calamities, for strengthening ties with the country or for commercial
purposes.
(v) Royalties
Royalty is received by the government when it allows private enterprises to use government/
public assets or intellectual property. Royalty is generally charged as a percentage of revenue
derived from the use of the asset or a percentage of the unit price of the product sold. Example:
Private sector enterprise has to pay royalty to the government to extract natural resources like
petrol/ crude oil from government owned lands.
(ix) Rent
Government may earn revenue by way of renting of owned buildings or by renting out parking
space etc. A local authority like municipality may rent out some empty space to the central
government on requirement.
3.0 Describe the factors distinguishing tax from other sources of government revenue.
[Learning Outcome c]
(a) Taxes are mandatory charges; they are compulsory payment made to the government. People on
whom a tax is imposed must pay the tax. Taxes are not voluntary contributions, donations or gifts to
the state. Furthermore, refusal to pay the tax is a punishable offence.
(b) Only government or other taxing body has power to levy taxes, therefore other non government
bodies like sports clubs, churches, political parties can not charge taxes.
(c) Depending on tax laws all person regardless of their citizenship pay taxes though non-citizens
now get refunds of VAT paid in Tanzania for goods that will be spent outside of Tanzania. On the
other hand, the non-government revenue are received from either individuals or
corporates(depending on the type of revenue)
(d) A payment of tax, does not involve a “quid pro quo” status i.e. taxpayers cannot expect equal
returns for the tax paid. On the other hand generally the non-tax government revenue like user
fees has the characteristic of ‘quid-pro-quo’.
(e) Though individuals and legal persons pay taxes to government, the government does not have an
obligation to provide an individual account of how tax is utilized; in most cases; however
governments account to parliaments of behalf of taxpayers.
(f) Taxes are usually paid and collected in monetary terms either coins or paper
money
(g) Every tax involves some sacrifice on part of the tax payer.
(h) A tax is not levied as a fine or penalty for breaking law.
[Learning Outcome d]
Self-Examination Questions
Question 1
Examine the nature and types of non-tax government revenue.
Question 2
Discuss the non-taxation sources of government revenue in the country apart from Tax revenue.
Question 3
Explain three unique features of tax over the other sources of government revenue.
Question 4
Assume you are given the following information relating to the fiscal position of Tanzania for three years:
% of GDP
Despite a considerable improvement on the fiscal performance between years 2011/2012 and 2012/2013
due to increase in domestic revenue, the government’s main challenge is that almost one third of its
revenue comes from external grants/foreign aid.
Required:
a) Discuss why foreign aid is important to a developing nation like Tanzania.
b) Outline the negative effects of foreign aid dependency.
26 Public Finance and National Income
Answer to SEQ 1
a. User Fees
Fees are another important source of revenue for the government. A fee is charged by public
authorities for rendering a service to the citizens. Examples are payment made by users if public
services on government cost sharing in health and education. That is to say the payment made by
users of public service i.e. health and education. Other examples include fees charged for issuing
of passports, during licenses, etc. what makes user fees different from conventional taxes is that
there is no compulsion involved in case of fees.
b. Fines or Penalties
Fines or penalties are imposed as a form of punishment for breach of law or non-fulfillment or
certain conditions or for failure to observe some regulations. Like taxes, fines are compulsory
payments without quid pro quo. The destination between taxes and penalties lies in the motive. A
public authority imposes taxes mainly to obtain revenue and imposes penalties mainly as a form of
punishment or to deter people from doing certain acts.
c. Grants and Gifts
Grants and gifts are voluntary contributions by individuals or institutions to the government. Gifts
are significant source of revenue in the modern days. Grants from foreign countries are known as
Foreign Aid. Developing countries receive military aid, food aid, technological aid, etc from
developed countries. Unlike taxes, grants and gifts are voluntary.
d. Surplus from Public Enterprises
The Government also gets revenue by way of surplus from public enterprises. The Tanzania
government has set up public sector enterprises to provide public goods and services. Some of
the public sector enterprises do make a good amount of profits. The profits or dividends which the
government gets can be utilized for public expenditure.
e. Borrowing for Deficit Financing
Deficit means an excess of public expenditure over public revenue. This excess may be met by
borrowing from the market, borrowings from abroad, by the central bank creating currency. In
case of borrowing there may be compulsion. The government may force various individuals, firms
and institutions to lend to it at a much lower rate than the market would have offered. It is
ordinarily presumed that money borrowed will eventually be repaid from funds raised from other
sources of revenue, although in practice this may not always be the case.
Answer to SEQ 2
Revenues obtained by the government from sources other than tax are:
Fees charged by government for rendering certain services. These are payment made by users of
public services on government cost sharing in health and education, That is to say the payment made
by user of public services i.e. health and education is not the actual cost that they were required
to pay rather than contribution on cost already payable government.
Grants and Gifts
Fines and penalties are the payments made for the contravention of law.
The Government also gets revenue by way of surplus from public enterprises.
Borrowing of money.
Public Revenue: 27
Answer to SEQ 3
(a) Taxes are mandatory charges; they are compulsory payment made to the government. People on
whom a tax is imposed must pay the tax. Taxes differ from contributions, donations or gifts to the
state, which are voluntary. Furthermore refusal to pay the tax are a punishable offence.
(b) A tax is not levied as a fine or penalty for breaking law. On the other hand, fines or penalties are
imposed as a form of punishment for breach of law or non-fulfilment or certain conditions or for
failure to observe some regulations.
Though individuals and legal persons pay taxes to government, the government does not have an
obligation to provide an individual account of how tax is utilised; in most cases; however governments
account to parliaments of behalf of taxpayers.
Answer to SEQ 4
(a) (i) Helping the poor to save and invest in businesses through micro-finance
programs which have created thousands of enterprises and employment.
(ii) Powerful in attracting private investments from individuals and businesses thus generating
high tax revenues. This because aid improves water, transport, power, and education,
which are powerful tools for attracting investment.
(iii) Increase national growth.
(iv) Aid is crucial for a long-term equitable and sustainable development, for improving gender
equity, and for ensuring that poorest citizens can enjoy their rights. Real aid helps to
transform lives.
(b) (i) Loss of policy autonomy for the government depending on foreign aid.
(ii) Aid can undermine accountability and responsiveness to national citizens, and delivery of
services by the government; as government focuses on the relationship with the donors.
(iii) Aid can undermine the predictability of the government spending and therefore long-term
planning.
28 Public Finance and National Income
A3
SECTION A
Tax is a financial charge imposed by the government. The fundamental purpose of taxation is to
finance government expenditure. Any money the government expends mostly comes from
taxation.
You will agree that having to pay tax from your earnings is a painful experience. You must also
have wondered why the government needs to collect taxes. What is the purpose behind
collecting a part of our hard-earned money? Most of the tax payers feel that paying taxes is a
waste of their money.
This Study Guide explains the basic theoretical concepts of taxation starting from the nature
and essence of taxation, explaining principles of taxation. Various approaches of classifying
taxes will be discussed followed by a discussion on theories of tax distribution, effects of
taxation and various taxation concepts. Lastly this Study Guide will explain the optimal taxation
theory.
Taxes are the first and foremost sources of public revenue. Taxes collected by Government
are used to provide common benefits to all mostly in form of public welfare services. Taxes
do not guarantee any direct benefit for person who pays the tax. The payment of tax is made by
the members of the community without any assurance given by the tax-levying authority that
they will get direct benefit in return for paying the tax. There is no direct give and take
relationship between a taxpayer and the tax-levying public authority. It is worthy to note
that;
Theoretical Concepts of Taxation: 31
Tax is compulsory
It is paid by the taxpayer for the benefit of all
It is not levied in return for any special services
Tax is a financial charge imposed by the government. The fundamental purpose of taxation is to
finance government expenditure. The imposition of taxation by governments withdraws money
from the economy, and their expenditure returns the money to the economy.
Taxes are the most important source of public revenue and are necessary for the functioning of
the government. Funds collected by way of tax are utilised by the government to provide various
infrastructure/ facilities to the taxpayer; however benefits of such public expenditure by the
government is enjoyed even by those people who are not liable to pay taxes.
Revenue Taxes
a) Income tax
It is a tax levied on the income of an individual. Income can be from any sources such as:
b) Import duty
Import duty is a tax collected on imports and some exports by the customs authorities of a
country. It is usually based on the value or quantity of the goods that are imported/.
32 Public Finance and National Income
c) VAT
VAT is Value Added Tax. It is the tax which is paid on the value added. This tax is levied
at each stage of production. VAT is a consumption tax paid by customers in addition to the
price of the product.
d) Excise duty
Excise Duty is a duty charged on specific goods and services manufactured locally or imported
on varying rates. It is mostly charged on alcohols, soft drinks, cigarettes, telecommunication
services, money transfer services etc.
Capital taxes
b) Property tax
Property tax is levied at flat rates on the property value by the municipal or city councils.
Applicable rates vary depending on the size, use and location of the property.
Equality: This is the most important principle of taxation. It means that the tax system
should be framed depending on the ability of the people to pay tax that is the richer sections
or the high- income group should be subjected to higher tax while relatively less tax should
be imposed on the low income group
Economy: A good tax system will ensure that the cost of collecting and paying tax as well
the compliance cost is minimum. For example, if there are many procedures for payment of
tax and filing of related documents or if a number of visits are required by the tax payer to
the tax office, then the tax system is said to be uneconomical.
In a broader sense, if very high tax is levied on the income of the tax payer, it will
discourage savings and the productive capacity of the economy will go down, which will be
uneconomical for the country.
34 Public Finance and National Income
Taxes on products like alchohol, cigarettes etc are considered as economical because they
fetch revenue to the government as well as increase the price of those products which will
discourage their consumption.
Certainty: It means that tax that each tax payer is required to pay should be certain and
there should be no ambiguity. The amount to be paid, timing of payment, procedure for
payment should all be certain and known to the tax payer. There should be no element of
ambiguity in the taxation provisions as this may lead to corruption (if any element of taxation
can be controlled by the will of the government authorities).
Certainty is also required from the point of view of the government in terms of the
estimated amount to be collected from various taxes and the time frame when the same will
be collected.
Efficiency: This means that the revenue collected from the tax payers in the form of tax
should be sufficient to meet the government expenditure. However the government has to
ensure that in order to raise sufficient revenue to meet expenditure, it does not overburden
the tax payers such that the productive capacity is affected.
Understandable: Tax system should be simple and should be such that it can be
understood by common man. This will help curb corruption.
Benefit principle: Taxation system should be such that persons who benefit from goods/
services provided by the government and which are primarily funded through taxation,
should pay for it.
Generally indirect taxes like VAT are convenient to the consumers because a consumer
pays for them when he makes purchases and at a time when he can afford to because he
chooses his own time of purchasing.
Fairness / equity: Taxation system should ensure that no special treatment is meted out to
specific political or other interest groups.
Demand management: In times of depression in the economy, demand for goods and
services is low; government can help increase demand by reducing taxes on goods/
services and consequently, reducing prices.
Flexibility: This is a necessary criterion for elasticity. Unless the tax system is flexible
that is it can be modified to suit new conditions, revenue cannot be increased.
Diversity: There should be a number of taxes both direct and indirect so that all the people
who can afford to contribute are subjected to tax.
Broad basing: This principle requires that taxes should be spread as wide as possible over
the sections of population/ economy, to minimise individual tax burden.
Earmarking: Tax revenue from a specific source should be used for the purpose for
which it is collected when a direct link can be established between the tax collected and the
expenditure for eg toll collected for road maintenance.
Theoretical Concepts of Taxation: 35
tax base,
tax incidence shift ability,
unit or ad-valorem based taxes,\ and
hypothecated taxes
Distribution of tax burden.
Tax base means what is being taxed and what is no. Under this basis we have the
following classes:
a. Income tax: taxed based on the quantum of income earned or received by taxpayers
at specific period e.g. corporate tax, PAYE for employee etc. Income base taxes are
most popular taxes all over the world but as we shall see, what constitutes income is
highly debatable.
Sometimes wealth taxes can be easily measured and administered, for example land rent
taxes which are based on square metres. Also wealth tax can be used to tackle tax
avoidance in the tax system, for instance, if you buy shares in corporate entity you will
only be taxed when you sell or receive dividends. On the other hand some of wealth
taxes are difficult to administer; issue such as inflation, valuation of properties without
being sold for council taxes make the wealth tax complex.
Tax impact or formal incidence is legal requirement to pay tax. It refers to who is required by
tax law to pay taxes while tax incidence is the actual effect / burden of paying taxes by the one
who actually pays taxes. Building on this basis we have direct and direct taxes.
1. Direct tax
It is a tax levied directly on tax payers (individuals and non-individuals) who are required to
by tax laws to pay taxes with no possibility of shifting the incidence to another person. In
this case the tax impact and incidence falls on the same person. Thus the tax is levied on
and paid by the same person.
36 Public Finance and National Income
i. Income taxes
Corporate tax - 30% of all companies (whether resident or none resident)
carrying on a business in Tanzania.
Individual Income Tax - non-corporate resident tax payers including sole
proprietors and salaried employees are taxed at progressive individual income
tax rates,
iii. Skills and development levy - a tax on the gross monthly emoluments paid by an
employer to employees. iv. Game of chance and Gambling Tax - charged to
casinos, private lotteries and slot machines.
iv. Withholding taxes - a scheme, that is basically not a tax source in itself that is
operated on a number of payments made by persons in course of doing
businesses/investments. [e.g. investment income, etc].
Direct taxes also create public consciousness since the taxpayers are made to feel
the burden of taxes directly and hence take keen interest in how public funds are
spent. The taxpayers are likely to be more aware about their rights and
responsibilities as citizens of the state
The direct taxes can help to control inflation. During inflationary periods, the
government may increase the tax rate. With an increase in tax rate, the consumption
demand may decline, which in turn may reduce inflation.
The direct taxes are relatively elastic. With an increase in income and wealth of
individuals and companies, the yield from direct taxes will also increase. Elasticity
also implies that the government's revenue can be increased by raising the rates of
taxation. An increase in tax rates would increase the tax revenue.
As far as direct taxes are concerned, the tax rates are decided in advance therefore
the tax payer is certain as to how much he is expected to pay. The Government can
also estimate the tax revenue from direct taxes with a fair accuracy.
In direct tax burden of tax cannot be shifted. The disadvantages of direct taxation are
therefore mainly due to administrative difficulties and inefficiencies. The extent of
direct taxation should depend on the economic state of the country. A rich country
has greater scope for direct taxation than a poor country.
Theoretical Concepts of Taxation: 37
Direct taxes are inconvenient in the sense that they involve several procedures
and formalities in filing of returns. For most people payment of direct tax is not only
inconvenient, it is psychologically painful also. When people are required to pay a
sizeable part of their income as a tax to the state, they feel very much hurt and
their propensity to evade tax remains high.
It is also argued that direct taxes are prone to tax evasion. Indeed compared to
indirect taxes it is said that direct taxes are easier to evade. The tax evasion is due to
high tax rates, documentation and formalities, and poor and corrupt tax
administration. It is easier for the businessmen to evade direct taxes. They
invariable suppress correct information about their incomes by manipulating their
accounts and evade tax on it. In due to high rate of progressive tax evasion &
avoidance are extensive.
The direct taxes tend to be arbitrary. Critics point out that there cannot be any
objective basis for determining tax rates of direct taxes.
2. Indirect tax
It is a tax whose incidence can easily be shifted to another person from a person who is
required to pay it by law. In other words tax incidence in indirect taxes falls on another
person than the one paying the tax. For example VAT is paid by a consumer to a retailer /
manufacturer, at the time of purchase of goods. However the retailer / manufacturer is
required to pay this tax (which is collected) to the government. The ability of taxpayers to
shift tax incidence to others depend on a number of factors such as market
structures, industry cost structure, price elasticity of product, and types of tax.
When taxpayers are operating in imperfect market as monopoly, oligopoly, and duopoly where
products are differentiated and there is imperfect communication, tax incidence may easily be
shifted. It is difficult to shift tax burden in perfect market containing many buyers and sellers,
full knowledge, no restrictions of exist and entry as small increase in price lead to significant
decrease in sales.
In increasing cost structure any attempt to shift the tax incidence will increase the price of goods
that are probably perceived already high by taxpayers. Therefore a rational taxpayer cannot try
to shift tax incidence in that situation. Taxpayers can possibly shift tax burden in constant
cost structure and justify it to his/her customers, but he/she can easily put the tax burden on
customers shoulder in decreasing cost structure simply by maintaining the price.
The price elasticity of product describes the demand changes due to a change in prices. The
product is elastic if small change in price leads to great change in demand hence less possibility
of shifting tax incidence in respect to that product. If a change in price leads to a very small
change in demand the price elasticity is said to be inelastic, and in this situation there is very
high possibility of shifting tax incidence.
Generally if tax is classified as indirect tax there is more possibility of shifting tax incidence
while in direct tax it is not easy to shift tax incidence as tax authority identify and charge tax
direct to the tax payer.
Stamp duty - certain legal instruments attract payment of stamp duty for the
purpose of authenticating them.
Value Added Tax (VAT) - a consumption tax charged on VAT registered traders for
38 Public Finance and National Income
Other Internal Taxes such as fees, levies and user charges, which are collected
from various sources. For example. taxes and charges on motor vehicles, port and
airport departure services.
Import duty or customs duties. These are tariffs, which are imposed on goods
coming into the country.
There is mass participation. Each and every person getting goods or services has to pay
tax. Indirect taxes are the only means of reaching the poor who are always exempted from
paying direct taxes. It is a sound principle that every individual should pay something,
however little, to the Government.
Unlike direct taxes, the indirect taxes have a wide coverage. Majority of the products or
services are subject to indirect taxes. The consumers or users of such products and
services have to pay them.
Indirect taxes can be used to influence pattern of production by imposing taxes on certain
commodities or sectors, the government can achieve better allocation of resources. For
example by Imposing taxes on luxury goods and making them more expensive,
government can divert resources from these sectors to sector producing necessary goods.
When imposed on luxuries or goods consumed by the rich, indirect taxes are considered
equitable as only the well-to-do will pay the tax.
Indirect taxes are very elastic in yield, if imposed on necessity goods which have an
inelastic demand and therefore can yield very large revenue, because people must buy
these goods. However the dilemma of indirect taxation is the fact that it is based on
consumption and therefore hits the majority of lower income earners.
There is a less chance of tax evasion as the taxpayers pay the tax collected from
consumers. They cannot be evaded, as they are a part of the price. They can be evaded
only when the taxed commodity is not consumed, and this may not always be possible.
The government can check on the consumption of harmful goods by imposing higher taxes
to those goods such as tobacco, and other intoxicants.
The indirect taxes may not affect the motivation to work and to save. Since, most of the
indirect taxes are not progressive in nature, individuals may not mind to pay them.
Therefore, individuals would not be demotivated to work and to save, which may increase
investment
Theoretical Concepts of Taxation: 39
The indirect taxes are more flexible and buoyant. Flexibility is the ability of the tax system to
generate proportionately higher tax revenue with a change in tax base, and buoyancy
is a wider concept, as it involves the ability of the tax system to generate proportionately
higher tax revenue with a change in tax base, as well as tax rates.
Indirect tax is uncertain. As demand fluctuates, tax will also fluctuate. Unless necessities
are taxed (which is normally not the case) the yield is uncertain. Taxes on commodities
with elastic demand are particularly uncertain, since quantity demanded will greatly be
affected as prices go up due to the imposition of tax. In fact a higher rate of tax on a
particular commodity may not bring in more revenue. When the commodity is not
purchased, the question of the tax payment does not arise.
Indirect tax has a direct effect on consumption, production and employment. For
instance, a high rate of duty on certain products such as consumer durables may restrict
the use of such products. Consumers belonging to the middle class group may delay their
purchases, or they may not buy at all. The reduction in consumption affects the investment
and production activities, which in turn hampers economic growth.
Most of the taxes are concealed in the price of goods or services. As a consequence, the
tax-payer does not even know that he is paying a tax let alone know the amount of tax he
paid to the Government.
They are uneconomical. The cost of collection is quite heavy. Every source of production has
to be guarded.
The government has to set up elaborate machinery to administer indirect taxes.
Therefore, cost of tax collection per unit of revenue raised is generally higher in the case of
most of the indirect taxes.
The indirect taxes are inflationary in nature. The tax charged on goods and services
increase their prices as taxes are shifted forward.
There are two types of taxes under this category: us unit and ad-valorem taxes.
A unit or specific tax is levied on the physical measures of what is being taxed e.g. volume,
weight, square meters like land and property taxes etc.
Examples
Items charged under specific rates in Tanzania include: Wine, spirits, beer, soft drinks,
mineral water, fruit juices, Recorded DVD,VCD,CD and audio tapes, cigarettes, tobacco,
petroleum products and Natural gas.
Ad-valorem tax is levied on the value of the tax base, for example income tax is charged on
the level of income, VAT on consumer expenditure and import duty.
Examples
40 Items
Public charged
Finance under Income
and National ad-valorem rates include: Money transfer services, electronic
communication services, pay to view television services, imported furniture, motor vehicles,
plastic bags, specified aircrafts, firearms, specified cases, cosmetics and medicaments.
Examples
Examples
Items charged under ad-valorem rates include: Money transfer services, electronic
Items charged
Ad-valorem
communication rates under
are: 0%,
services, ad-valorem
pay 0.15%,
to view 5%, rates10%,
televisioninclude:
17%, Money
15%,
services, transfer
imported services,
furniture, motor electronic
vehicles,
communication
20%,
plastic25% services,aircrafts,
andspecified
bags, 50%. pay to view television
firearms, services,
specified cases, imported
cosmeticsfurniture, motor vehicles,
and medicaments.
plastic bags, specified aircrafts, firearms, specified cases, cosmetics and medicaments.
One advantage
Ad-valorem ratesofare:
ad 0%,
valorem taxes
0.15%, 5%, is 10%,
that the
17%, tax15%,
revenue to the government can rise
Ad-valorem
automatically
20%, 25% andratestheare:
as50%. 0%, 0.15%,
economy grows. 5%, 10%, 17%,
This means 15%,
that the tax rate does not need to be adjusted
20%, 25% and
frequently, as in50%.
the case of specific unit taxes, such as duties on cigarettes and alcohol.
One advantage of ad valorem taxes is that the tax revenue to the government can rise
One advantage
automatically of ad
as the valorem
economy taxes
grows. Thisis means
that thethattax
therevenue
tax rate to thenot
does government
need to be can rise
adjusted
automatically
frequently,
Specific as as
taxes in economy
the case
versus grows.
of specific
ad-valorem This
unit
taxes means
taxes, suchthat
asthe tax rate
duties does not and
on cigarettes needalcohol.
to be adjusted
frequently, as in the case of specific unit taxes, such as duties on cigarettes and alcohol.
Specifi Ad-
A Specific Tax is ac ad-valorem
Specific taxes versus taxes where
system of taxation An ad valorem tax valo is a tax based on the
Specific taxes versustaxes ad-valorem taxes
the level of tax is fixed and independent of the value of real estate orem r personal property. It
value of the item Specifi is specified as a Ad-
Specifi Ad-
being
A Specific Tax is ac system of taxation where
purchased. proportion
An ad valorem tax valo
of the product is aprice.
tax based on the
A c system of taxation where
ataxes valo
rem
theSpecific Taxisisfixed
level of tax and independent of the An ad valorem tax is
value of real estate o r personala tax based on the
property. It
the level of tax taxes
is fixed rem
value
The of the
tax rate item
needs to and independent
be adjusted of the
frequently, value
is of real
Thespecified estate
tax revenueas a o r personal property.
to the government It
value
as in of
being thethe item of specific unit taxes,
purchased.
case is
canspecified
proportion of the
rise as product
a
automatically price.
as the economy
being purchased.
such as duties on proportion
grows. This means that price.
of the product
cigarettes
The andneeds
tax rate alcohol.
to be adjusted frequently, the taxtaxrate revenue
The does not toneedtheto be adjusted
government
Theintax
as therate needs
case of to specific
be adjusted frequently,
unit taxes, The tax
frequently,
can riseasrevenue
in the to
automatically the
caseas of the government
specific
economyunit
as in the case
such as duties on of specific unit taxes, can rise
taxes, such
grows. This as automatically
meansduties on
that as the economy
such as and
cigarettes duties on
alcohol. grows.
the taxThis
cigarettes means
and
rate that
alcohol.
does not need to be adjusted
cigarettes and alcohol. the tax rateasdoes
frequently, in thenot case
need ofto specific
be adjustedunit
A specific tax is typically imposed at the An ad such
valorem
frequently,
taxes, tax the
as duties
in is on
may
casebe ofimposed
specificat unit
the
time of a transaction. time
taxes,ofsuch
cigarettesa and
transaction
as alcohol.
duties on (a sales tax or value-
added tax (VAT)),
cigarettes and alcohol. or
A specific tax is typically imposed at the it may
An be imposed
ad valorem tax is may on bean imposed
annual at basis
the
A specific
time tax is typically imposed at the
of a transaction. An ad
(real orvalorem
personal tax is may
property be
tax). imposed
time of a transaction (a sales tax or value- at the
time of a transaction. time of a transaction
added tax (VAT)), or (a sales tax or value-
added
it maytaxbe(VAT)),imposedor on an annual basis
it may
(real be imposed
or personal propertyon tax).
an annual basis
(real or personal property tax).
1. Progressive taxes: as income rises so does the proportion of tax i.e. the rate of tax rises as
well as the amount of tax. Furthermore in this case marginal rate of tax is greater than the
average rate of tax. This can be considered as just and fair, as the higher tax payments are
made by those with higher incomes. Taxes which take a higher percentage of the incomes
of higher income earners are said to be progressive.
2. In proportional taxes the amount of tax to be paid increases in the same way as the rise in
income or any tax base. It occurs when marginal rate of tax and average rate of tax being
equal, good example all tax payers paying 10% constant of their income.
3. Regressive taxes increase slower than the rise in income and the marginal rate of tax
(MRT) is less than average rate of tax (ART). As income rises, the proportion of tax
decreases, e.g. the tax on a packet of cigarettes remains the same, regardless of the
income of the consumer. Regressive taxes can be justified as smokers are likely to require
additional hospital care, which is the reason why they should contribute towards the cost of
it. Taxes which take a higher proportion of the incomes from lower income earners are said
to be regressive.
Most of income and wealth taxes belong to either progressive or proportion taxes which
mean that the richer pay more in progressive tax while they (the rich) suffer the same as poorer
in proportional tax.
Example
In progressive tax system taxpayers will end up paying different tax rates depending on their
incomes, with the higher income earner attracting high tax rate.
Assume that Mrs Kanje earns Tshs 1,000,000 per month which is subjected to say 20% tax
rate under PAYE and her friend Mrs. Swabiri gets Tshs 200, 000 per month which is taxed at
say 10% under PAYE. You will end up paying different taxes under progressive tax system, you
pay Tshs 100,000 and she/he pays 20,000 to TRA.
If it was proportional tax system they would all be subjected to the same tax rate, for example
20%, Mrs Kanje would pay Tshs. 200,000 and Mrs. Swabiri would pay 40,000.
In the regressive taxes wealthy taxpayers spend proportionally less of their income than poorer.
Consequently, the poor spend much of their income in paying regressive taxes. In regressive
system taking the example, Mrs Kanje and Mrs. Swabiri buy food at Bestbite for Tshs 10,000
assume it includes Tshs 1,000 as VAT. The richer (Mrs Kanje) would have spent
1,000/1,000,000=0.1% paying for taxes in this transaction, while poorer (Mrs. Swabiri) would
have spent 1,000/200,000=0.5% paying for VAT significantly above the richer (Mrs Kanje)
burden.
The marginal and average rates are very important to both government and taxpayers.
Marginal rates of taxation is the rate of tax which is due if taxpayers earn Tshs 1 more than
their current income. The average rate of tax is the total amount of tax paid as a proportion of
their total income.
42 Public Finance and National Income
Compute the marginal rate of tax and average rate of tax from following information:
Under the benefit principle therefore, taxes are seen as serving a function similar to that
of prices in private transactions; that is, they help determine what activities the
government will undertake and who will pay for them. If this principle could be implemented,
the allocation of resources through the public sector would respond directly to consumer
wishes.
Example
The following are examples of the public services that are currently funded, in some part, on
the basis of the benefit principle.
Public college tuition fees (only paid by the people who attend public colleges)
National park admission fees (only paid by the people who visit public parks)
Fuel taxes (only paid by the people who purchase fuel)
Bus fares (only paid by the people who take the bus)
Bridge tolls (only paid by people who use the bridge)
Road license tax paid by motor vehicle owners
Formidable examples include tourist paying their levies, students paying for their tuition, patients
paying for their medical charges among many other instances. The people who do not directly
benefit from such goods and services are thus exempted from the associated charges. Such
manner of fairness is elaborately justifiable. Under the benefit principle each individual pays for
the amount of government provided goods and services they consume. Because the exchange
is voluntary, at least as envisioned by many promoting this principle, and payments are in
accordance with benefits, it satisfies this notion of equity.
Although simple in its application, the benefit theory has the following difficulties
in its application:
i. Despite the logical fairness identified in the principle of benefit, it suffers a
setback in terms of efficiency Inefficiency in provision of goods is based
on the notion that there would be a decline in quantity demanded if direct
beneficiaries pay a price equal to the derived value as it is for private goods.
ii. The principle is based on the assumption that it is possible to determine
the benefit received for every individual for each government expenditure.
However, the implementation of this principle faces daunting challenges on
public goods. Excluding non-payers and identifying the received benefits is
complicated thus making it almost impossible to set the amount of tax. In
some public expenditures such as defense, fire force, expenditure in
advanced scientific research etc the benefits available to each individual is
very difficult to calculate separately.
44 Public Finance and National Income
v. Under the benefit principle the rich and poor people pay equal tax for the
same benefits received. However since the marginal utility of income of rich
people is lower than the poor people, it is unjust to tax both rich and poor
equally. Therefore the principle ignores the income re-distribution
objective of taxation that requires the government to take away income
from rich people by way of higher taxes and give it to poor people.
vii. The benefit theory holds that the rich benefit more from protection because
their property is more valuable; if those with higher incomes also consume
more government provided resources, then this would justify a progressive
tax structure. But which income groups use the most resources is an
empirical question. If lower income groups consume more government
goods, then this could also support a regressive structure. However the cost
of protection may have little relation to the value of the property
Example
Based on the above principle, if James earns $25,000 and Jack earns $5,000 during 20X3 and
John values a dollar approximately a fifth as much as James, then for every dollar one collects
from John, one collects $5 from James.
If the marginal benefit of a dollar diminishes, but at a fairly slow rate, a regressive tax system
could also be consistent with the principle, while if it diminishes at a faster rate, a progressive
tax would be appropriate.
The equal marginal sacrifice principle suggests steeply progressive taxes that will collect
the least valued dollars in the economy. The result also uses the assumption that the value
of a dollar falls as income rises. Under this principle, in contrast with the previous two cases,
the progressivity does not depend on the rate with which the value declines.
Thus, without further information on the nature of welfare and the exact standard to be used,
the ability to pay criterion does not necessarily justify regressive, proportional, or
progressive taxes. The equal marginal sacrifice principle suggests an extreme degree of
progression
Due to the inconsistencies in the benefit principle, the ability to pay principle forms a better
alternative for equity in taxation. The principle suggests that the ability to pay should form basis
of taxation to maintain fairness. This means that citizens who earn more should pay more taxes
than their counterparts in lower income cadres. In spite of everyone sharing the benefits, only
those who can afford are taxed accordingly. The principle correctly addresses the concerns of
efficiency since goods are provided to citizens at zero prices and tax payment is not pegged on
the beneficiaries alone.
The ability-to-pay approach treats government revenue and expenditures separately. Taxes
are based on taxpayers’ ability to pay; there is no quid pro quo. The approach also makes a
great deal of sense, especially for the provision of public goods that are consumed by all. If
everyone benefits from public goods, without exclusion, then everyone should pay. However,
not everyone can pay, so those who can afford to pay need to bear the burden.
Because taxes are a means of transferring the purchasing power of income to governments, the
ability to pay is based on income. Those who have more income can afford to pay more
taxes, that is, they have a greater ability to pay.
Analysis of tax equity is concerned with the distribution of tax burdens among persons in
different economic circumstances, i.e., with vertical equity as well as persons in essentially the
same economic circumstances— horizontal equity.
46 Public Finance and National Income
Although the ability to pay approach is more popular, the main challenge lies on the
determination of the ‘ability to pay’. Ability to pay is mostly determined by income, wealth or
expenditure. Wealth is however considered as a poor indicator of one’s ability to pay because
property may not be easily convertible into cash with which to pay tax. A progressive tax
structure based on wealth may thus run on serious liquidity problems.
Furthermore we can measure ability to pay by expenditure incurred by a taxpayer. However this
may be inequitable or unfair as taxpayers with many dependents may expend more and hence
end up paying more taxes.
Lastly, ability to pay can be measured by an income base which is the most accepted measure
of the ability to pay. In fact the ability to pay approach assumes “income” to be the basis for the
ability to pay. Individuals with higher income is not only better able to bear the tax burden than
the lower income earners, but they can bear heavier tax burdens of tax. A tax system that takes
away proportionately more income from the higher income earners than from the lower income
earners is known as a progressive tax system. On the other hand a tax system that takes away
proportionately more income from the lower income earners than from the higher income
earners is known as a regressive tax system
(a) Equal sacrifice: The total loss of utility as a result of taxation should be equal for all
taxpayers (the rich will be taxed more heavily than the poor).
(b) Equal proportional sacrifice: The proportional loss of utility as a result of taxation should
be equal for all taxpayers.
(c) Equal marginal sacrifice: The instantaneous loss of utility (as measured by the
derivative of the utility function) as a result of taxation should be equal for all
taxpayers. This will entail the least aggregate sacrifice (the total sacrifice will be the
least).
The assumptions
The assumptions of sacrifice theories
of sacrifice that the
theories relative
that utility of
the relative different
utility incomes
of different is measurable
incomes is measurable
and that andthe relation
that between
the relation incomeincome
between and utility
and is approximately
utility is approximatelythe same for all for
the same taxpayers—
all taxpayers—
cannotcannot
be verified by actual
be verified data ordata
by actual experience.
or experience. The marginal utility of
The marginal money
utility does diminish,
of money does diminish,
but it butis impossible to compare
it is impossible to compare one person's
one person's utilitiesutilities
with another, let alone
with another, believebelieve
let alone that that
everyone's valuations
everyone's are identical.
valuations UtilitiesUtilities
are identical. are not are quantities,
not quantities, but subjective
but subjective ordersorders
of of
preference. Any principle
preference. for distributing
Any principle the taxthe
for distributing burden that rests
tax burden that on such
rests on assumptions
such assumptions must must
therefore be declared
therefore fallacious.
be declared Nevertheless,
fallacious. the ability-to-pay
Nevertheless, idea has
the ability-to-pay ideabeenhas abeenpowerful force force
a powerful
in history and has
in history and undoubtedly
has undoubtedly contributed to thetowidespread
contributed the widespread acceptance
acceptanceof progressive
of progressive
taxation. However,
taxation. severalseveral
However, aspects of this of
aspects theory are of are
this theory interest. Utility Utility
of interest. and "sacrifice" theorytheory
and "sacrifice" has has
generally been used
generally been to justify
used progressive
to justify taxation,
progressive although
taxation, sometimes
although proportional
sometimes taxation
proportional taxation
has been has upheld on thisonground.
been upheld Briefly,Briefly,
this ground. a dollar is alleged
a dollar to "mean
is alleged less" or
to "mean less"be orworth less inless in
be worth
utility to a "rich
utility to aman"
"rich than
man"tothan a "poor
to a man"
"poor ("rich" or "poor"
man" ("rich" or "poor"
in incomein income
or wealth?),
or wealth?),
and therefore
and therefore
payment payment
of a dollar
of a dollar
by a rich
by aman rich imposes
man imposes less ofless a subjective
of a subjectivesacrificesacrifice
on himonthan him onthan a on a
poor man.poor man.Hence,Hence,
the richthe man rich should
man should be taxed be taxedat a higher
at a higherrate. Many
rate. Many"ability-to-pay"
"ability-to-pay"
theories theories
are really
are really
invertedinverted
sacrifice sacrifice
theories,theories,
since theysinceare theycouched
are couchedin the in formthe of ability
form of ability
to to
make makesacrifices.
sacrifices.
Describe
Describe
the criteria
the criteria
for evaluating
for evaluating
taxes,taxes,
discuss
discuss
economic
economic
effects
effects
of taxation,
of taxation,
explain
explain
the the
incidence
incidence
of taxation,
of taxation,
and explain
and explain
the concept
the concept
of taxofbuoyancy
tax buoyancy
and elasticity
and elasticity
and taxable
and taxable
capacity.
capacity.
[Learning
[Learning
outcome
outcome
e, f, g,e,and
f, g,h]and h]
5. The
5. Criteria
The Criteria
for Evaluating
for Evaluating
Taxes Taxes
Designing
Designing
a tax asystem
tax system
has always
has always
been abeen
subject
a subject
of considerable
of considerable
controversy.
controversy.
Any taxAny tax
systemsystem
influences
influences
behavior
behavior
since the
since
government
the government
takes takes
away money
away money
from anfrom
individual,
an individual,
who who
may respond
may respond
in somein way
sometoway
lower
to his/her
lower his/her
tax liability.
tax liability.
a) Economic
a) Economic
efficiency-
efficiency-
a gooda taxgood
system
tax system
shouldshould
not interfere
not interfere
with the
with
efficient
the efficient
allocation
allocation
of of
resources.
resources.
To doTo so,doit should
so, it should
minimize
minimize
distortionary
distortionary
and disincentive
and disincentive
effectseffects
to work
to and
work and
savings
savings
which which
may affect
may economic
affect economic
growth.
growth.
Generally,
Generally,
almostalmost
all resource
all resource
allocationallocation
decisions
decisions
in the ineconomy
the economy
are affected
are affected
in some in some
way byway taxation.
by taxation.
A tax system
A tax system
is non-distortionary
is non-distortionary
if and ifonly
andif only
thereif is
there
nothing
is nothing
an individual
an individual
can docan to do to
alter his
alter
taxhis
liability.
tax liability.
Non-distortionary
Non-distortionarytaxes taxes
are sometimes
are sometimesreferred to as lump-sum
referred to as lump-sum
taxes. taxes.
Any taxAnyontax
commodities
on commodities
is distortionary
is distortionary
since ansince
individual
an individual
can change
can change
his taxhisliability
tax liability
by reducing
by reducing
his purchases
his purchases
of the ofcommodity.
the commodity.
A tax on A tax
income
on income
can alsocanbealso
distortionary
be distortionary
if an individual
if an individual
can reduce
can reduce
his taxhisliability
tax liability
by working
by working
less orless
by saving
or by saving
less. less.
Taxation
Taxationcan sometimes
can sometimes
be used be in used
a positive
in a positive
way toway raise
to revenue
raise revenue
while atwhile
the atsame
the same
time correcting
time correcting
marketmarket
failure/externalities
failure/externalities
and thusand improving
thus improving
efficiency
efficiency
of resource
of resource
allocation.
allocation.
b) Administrative
b) Administrative simplicity-
simplicity-
a gooda taxgood system
tax system
ought ought
to be easy
to be and
easyrelatively
and relatively
inexpensive
inexpensive
to to
administer.
administer.
There There
are significant
are significant
costs associated
costs associated
with administering
with administering
the taxthe
system:
tax system:
(i) Direct
(i) Direct
(administrative)
(administrative)
costs- costs-
the costs
the of
costs
running
of running
the taxthe authority.
tax authority.
(ii) Indirect
(ii) Indirect
(compliance)
(compliance)costs- costs-
the costs
the costs
which which
taxpayers
taxpayers
must bear-including
must bear-including
the costs
the costs
of of
time spent
time filling
spent out
filling
theout
taxthe
forms,
tax forms,
costs ofcosts
record
of record
keeping, keeping,
and costs
and of
costs
hiring
of accountants
hiring accountants
and lawyers.
and lawyers.
Indirect Indirect
costs are
costsusually
are usually
about about
five times
five greater
times greater
than the
than
direct
the costs.
direct costs.
The overall
The overall
administrative
administrative
costs costs
of running
of running
a tax asystem
tax system
dependsdepends
on theonextent
the extent
of record
of record
keeping, keeping,
the complexity
the complexityof the oftaxthesystem
tax system
(number(number
of taxesof taxes
and rate
andstructure),
rate structure),
extent extent
of tax of tax
evasion evasion
and level
andoflevel
enforcement
of enforcement
required,
required,
and theand
typetheoftype
income
of income
being being
taxed taxed
(taxing(taxing
capitalcapital
is more is expensive
more expensive
than taxing
than taxing
labor-where
labor-where
tax is mostly
tax is mostly
withheldwithheld
at the at
source).
the source).
48 Public Finance and National Income
c) Fairness/Equity-a good tax system ought to be fair in its relative treatment of different
individuals.
(i) Horizontal equity- a tax system is horizontally equitable if individuals who are the same in
all relevant respects are treated equally.
(ii) Vertical equity- a tax system is vertically equitable if individuals who are in position to pay
higher taxes than others actually do so. Progressive taxation is usually used to accomplish
this.
Decisions about who should pay more than another may be based on ability to pay, higher
level of economic wellbeing, or receipt of more benefit from general government spending. In
most cases the level of income is used as the basis for measuring economic wellbeing and
hence ability to pay.
(iii) To be fair the tax system should not be characterized by arbitrariness or uncertainty about
tax liability; should be based on observable and measurable variables of welfare such as
income or expenditure; and should also not be inconvenient with respect to the timing and
manner of payment.
d) Flexibility- a good tax system ought to be able to respond easily (automatically) to changed
economic circumstances in order to counteract fluctuations in the level of economic activity.
Changes in economic circumstances require changes in tax rates. For some tax structures
(e.g., where ad valorem tax rates in a progressive fashion are used) these adjustments are
easy and automatic; but for some they require extensive political debate/approval by
Parliament thus making the tax system adjust inflexibly with a lag.
e) Political Responsibility- the tax system should be designed so that individuals can ascertain
what they are paying so that the political system can more accurately reflect the preferences of
individuals.
The initial equilibrium is at point E, with price Pe and quantity Qe. At the outset, the gains from trade
are shown by PmaxEPmin, allocated as before between consumers and producers. Suppose now
that the government imposes a per unit sales tax of say, TZS T per disk on the sale of compact
disks (A to E'). We know that the tax raises the costs of production by TZST for each disk that is
produced. As a result, the industry supply curve shifts up vertically by the TZST, leading to a
higher equilibrium price, PT and a lower equilibrium quantity, QT. The impact of the tax on
consumers' surplus is clear: From consumers' perspective, the price of disks rises, and they
reduce consumption in response. Instead of enjoying a surplus of P maxE’Pe, they now must make
do with the smaller surplus PmaxE'PT. Thus, consumers lose the area PTE'EPe.
As viewed by producers, the tax-inclusive price of CDs rises to PT, but of course TZST per disk
must be handed over to the tax collector. Thus, the net (after-tax) price received by sellers falls to
PN (which equals (PT - T)). The new level of producers' surplus is shown by the triangular area
PNAPmin, which is clearly smaller than before the tax. Indeed, producers lose the area P eEAPN
Putting a tax on a good distorts the relationship between demand and supply. Taxes have an
effect on the amount of supply produced and consumer’s demand for goods. Taxation puts both
consumers and producers in a worse position because with the introduction of taxes, the price that
consumers pay is higher than what they would have paid before. On the other hand, the price that
producers get after the introduction of taxes is lower than what they would have received before
taxation.
The resulting change in relative cost of goods and services will have an effect of motivating
consumers to switch from one product or activity to another. The act of switching from one product
to another as a result of a tax, given a certain income level, leads to substitution effect. The
substitution effect interferes with consumer choice and subsequently leads to economic
inefficiency. Taxes that affect relative prices and influence consumers to substituting consumption
of the taxed commodity for another are also termed distortionary taxes and the substitution
changes the consumer’s tax liability. The distortionary effects are not limited to commodity tax
alone but are also associated with tax on income as an individual may decide to reduce his tax
liability by working less as will be shown in the following sections.
50 Public Finance and National Income
The market has narrowed because lower quantity of goods is being exchanged. The decrease in
consumers' and producers' welfare turns into tax revenue of the state. Thus, for the purpose of full
understanding of the impact of taxes on welfare, the decrease in welfare of consumers and
producers should be compared with the tax revenue collected by the state. Such an analysis will
show that the decrease in consumers' and producers' welfare exceeds the tax revenue collected
by the state. The loss of welfare that takes place after introduction of taxes (a part of which
belongs to no one - neither to a consumer or producer, nor to the state) represents a dead weight
loss or excess tax burden, or a degree of inefficiency that taxes introduce to economy.
Income effect where a tax is imposed on the labour income as a result the worker will
not be able to buy most of the things he wants thus the effect is to persuade him to do
more work in order to restore his disposable income to its previous level
Substitution effect describes the relationship between a change in relative prices and
any resulting change in a person’s expenditure pattern. It describes the effect on a
person’s choice between work and leisure as the marginal benefit from either or both.
Only empirical research can help finding out which of the effects prevails in a given
market, that is, will introduction of taxes and reduction of real net wage encourage
people to offer more or less labour. In markets where negotiating skills of unions are
strong and where labour supply is flexible to changes of wage, an entrepreneur will not
be able to shift taxes on workers. The workers will react to introduction of taxes with
demands for increased net wages. This will make the cost of labour higher for the
entrepreneur and he will reduce the demand for labour. Such reduced demand for
labour results in reduced employment rate and, with constant use of capital, could lead
to lower growth. Empirical research indicates that labour markets are mostly rigid, that
is, entrepreneurs bear higher tax burden than. So, when conditions in labour market
are rigid, workers will oppose paying labour tax, thus initiating a negotiating process
and pressure for wage increase. This will increase the cost of labour for
entrepreneurs.
For its part, higher cost of labour for entrepreneurs reduces demand for labour; by
changing relative costs of labour and capital, it stimulates capital-intensive production.
Thus, reduction of tax burden on labour, as well as reduction of rigidity in a labour
market (reviewing the amount of minimum wage; unemployment benefit; increased
mobility of labour force) would lead to a higher supply and demand for labour. This
would result in increased employment rate on the one hand and increased output on
the other hand.
Beside direct taxes, indirect taxes (that is, consumption taxes) also have impact on the
supply of labour by reducing the purchasing power of net wage. However, workers
seem to be reacting somewhat slower to a change in the consumption taxes, and the
impact of the consumption taxes on labour supply also appears within a longer period
of time than normally is the case with direct taxes. Taxes on labour income and
consumption spending encourage households to shift away from work in the legal
market sector and toward untaxed uses of time such as leisure, household production,
and work in the shadow economy. Empirical evidence also show that taxes affect work
activity directly through labour supply-and- demand channels and indirectly through
government spending responses to available tax revenues. Higher tax rates on labour
income and consumption expenditures lead to less work time in the legal market
sector, more time working in the household sector, a larger underground economy,
and smaller shares of national output and employment in industries that rely heavily on
low-wage, low -skill labour inputs.
b) A tax on necessaries of life will obviously affect the workers productivity and hence
reduce production. A heavy tax on income tends to reduce the ability to save and
invest on part of individuals. A decrease in investment is bound to affect adversely
the level of output in the country
c) Normally taxation induces people to work harder, earn more, save more and invest
more to increase their income and enjoy the same income after tax
d) Some taxes has no adverse effects, for e.g., import duties, tax on monopolists, etc.
e) High marginal rates of income tax are likely to affect adversely the tax payers desire
to work, save and invest
f) The reaction varies from individual to individual. It depends on the individuals
elasticity of demand for income. When it is fairly elastic, the tax will lessen his desire
to work and save
g) Entrepreneurs may avoid the production of goods which are taxed. There is likely to
be a diversion of resources from some sectors of economy to others
6.5.2 Effects on Income Distribution:
a) The effects of taxes on income distribution depends on the type of taxes and rates of
taxes
b) Taxation of goods of mass consumption is regressive and redistributes incomes in
favour of rich.
c) But if such commodities are exempted and luxuries are taxed, and the taxation is
made progressive, then the income will be redistributed in favour of poor.
7. Incidence of Taxation
One of the important concepts of taxation is the incidence of tax. Taxes are not always borne by
the person who pays the tax; in many instances the burden of tax is shifted to another person. Tax
incidence is said to be on the person who ultimately bears the burden of tax whereas impact of tax
is on the person from whom government collects money in the first instance. It is important for the
government to know who ultimately bears the tax in order to achieve equality in taxation.
The statutory / legal incidence refers to the person on whom the law says the tax obligation falls.
Legal incidence is established by law when new taxes are enacted, and specifies which individuals
or companies must physically remit tax payments to the revenue authorities.
An absolute incidence examines the effects of a tax when there is no change in either other taxes
or government expenditure. The examination considers the burden of change in taxes without
regard to the use the tax proceeds. However, the true burden of the tax cannot be properly
assessed without knowing the use of the tax revenues. If the tax revenues are employed in a
manner that benefits owners more than producers and consumers then the burden of tax will fall
on producers and consumers. If the proceeds of the tax are used in a way that benefits producers
and consumers, then owners will suffer the tax burden.
54 Public Finance and National Income
A differential incidence examines how incidence differs when one tax is replaced with another,
holding the government budget constant. The differential incidence analysis carries out a revenue-
neutral change in tax by raising one tax while lowering another.
Forward shifting of tax takes place if burden of tax falls entirely on user and not on the
manufacturer/supplier of the goods or service;
Backward shifting occurs when the price of the product/ service remains same but the cost
of tax is borne by the manufacturer.
It would appear that the incidence of a tax or where its ultimate burden rest, depends on a number
of factors. We give below some of them in a summary way.
(a) Elasticity:
While considering incidence we consider both elasticity of demand and elasticity of supply.
If the demand for the commodity taxed is elastic, the tax will tend to be shifted to the
producer but in case of inelastic demand, it will be largely borne by the consumer. In case
of elastic supply, the burden will tend to be on the purchaser and in the case of inelastic
supply on the producer.
Theoretical Concepts of Taxation: 55
If supply elasticity ᶯs is zero (very inelastic supply), Id is zero; consumers bear none of the
tax incidence.
If supply elasticity ᶯs is ∞ (very elastic supply), Id is one; consumers bear the entire tax
incidence.
If demand elasticity ᶯd is zero (very inelastic demand), Id is one; consumers bear the entire
tax incidence.
If demand elasticity ᶯd is ∞ (very elastic demand), Id is zero; consumers bear none of the
tax incidence.
The above incidences are extreme cases. Most markets fall between two extremes, and
ultimately the incidence of tax is shared between producers and consumers in varying
proportions.
Id is sometimes called the pass-through fraction for buyers, and is expressed in percentage of
the tax incidence borne by buyers.
Example:
If elasticity of demand is -0.4 and elasticity of supply is 0.5, the pass-through to buyers is
calculated as 0.5/[0.5-(-0.4)] = 0.5/0.9 = 56%. This means 56% of any tax will be paid by
the buyers and 44% by the producers
(b) Price: Since shifting of the tax burden can only take place through a change in price, price
is a very important factor. If the tax leaves the price unchanged, the tax does not shift.
(c) Time: In short run, the producer cannot make any adjustment in plant and equipment. If,
therefore, demand falls on account of price rise resulting from the tax, he may not be able
to reduce supply and may have to bear the tax to some extent. In the long run, however,
full adjustment can be made and tax shifted to the consumer.
56 Public Finance and National Income
(d) Cost: Tax raises the price; rise in price reduces demand and reduced demand results in
the reduction of output. A change in the scale of production affects cost and the effect will
vary according as the industry is decreasing, increasing or constant costs industry. For
instance, if the industry is subject to decreasing cost, a reduction in the scale of production
will raise the cost and hence price, shifting the burden of the tax to the consumer.
(e) Nature of tax: The incidence of taxation will definitely depend on the nature of tax. For
example, an indirect tax burden is fall on the consumer.
(f) Market form: Another factor determining the incidence of taxation is the market form.
Under perfect competition, no single producer or single purchaser can affect the price;
hence shifting of tax in either direction is out of the question. But under monopoly, a
producer is in a position to influence price and hence shift the tax.
There is a strong connection between the government’s tax revenue earnings and economic
growth. The simple fact is that as the economy achieves faster growth, the tax revenue of the
government also goes up. Tax buoyancy explains this relationship between the changes in
government’s tax revenue growth and the changes in GDP. It refers to the responsiveness of
tax revenue growth to changes in GDP. When a tax is buoyant, its revenue increases without
increasing the tax rate.
Example
In a particular year, country A GDP growth rate was nearly 9 per cent. The tax revenue of the
government, especially, that of direct taxes registered a growth rate of 45 per cent in the same
year. We can say that the tax buoyancy was five (45/9). In the following year, the financial
crisis occurred. The GDP growth came down to six percent. Tax revenue growth also fell
steeply; to 18 per cent. This means tax buoyancy was 3 for the year. We can imagine that had
the GDP growth came down further in the following year, to say 4 per cent, tax revenue growth
would have fell to 8 per cent; indicating a tax buoyancy of 2.
Tax buoyancy, however, is a crude measure which does not distinguish between discretionary
and automatic growth of revenue. Tax buoyancy measures the total response of tax revenues
to changes in national income. It takes into account both the effect of increases in GDP and
discretionary changes on the revenues from a tax. Discretionary tax changes are under the
control of tax authorities. They are due to changes in tax rates, base definition, and collection
and enforcement procedures. Non-discretionary changes arise from the natural growth of
economy.
Theoretical Concepts of Taxation: 57
Tip
Tax buoyancy = change in tax revenue in response to one unit change in tax base/GDP
Tax Elasticity
A similar concept to Tax Buoyancy is tax elasticity. Tax elasticity, unlike tax buoyancy, tax elasticity
excludes the impact of discretionary effects (e.g. impact of changes in tax rates and tax bases) on
the increase of tax revenue. It measures the pure response of tax revenues to changes in the
national income. It reflects only the built-in responsiveness of tax revenue to movement in national
income/GDP. The value of the tax elasticity gives an indication to policy-makers of whether tax
revenues will rise at the same pace as the national income.
Suppose that in 2017 the tax on soda was TZS 200/liter and 8 million liters were sold, yielding a
revenue of TZS 1,600million. In 2018 the tax is raised to TZS 240/liter and 8.1million liters are sold,
for a revenue of TZS 1,944million. Inflation is running at 15% annually and real GDP is rising by
2.5%. Calculate the buoyancy and elasticity of the soda tax.
Tax buoyancy
Since real GDP rose by 2.5% during the same period, tax buoyancy is 2.25 (5.625%/2.5%).
Tax elasticity
The increase in tax revenue is due both to higher sales of soda (i.e. more liters sold – a
reflection of increased GDP) as well as change in the tax law (i.e. change in tax rate).
To determine tax elasticity we ask: What would have happened to tax revenue if the tax rate of
2017 (i.e. TZS 200/liter) had not been changed (to TZS 240/liter)?
Presumably the tax revenue in 2018 would have been 1,620m (200x8.1m) in nominal values.
The real value (adjusted for inflation) is 1,409m (=1620/1.15),
This indicates that if the tax rate had not been changed, then real revenue would have fallen
between 2017 and 2018, despite the increase in GDP.
58 Public Finance and National Income
The taxable capacity represents the average or normal share of income that can be collected
in the country
Tax capacity is the maximum level of tax revenue that a country can achieve and tax effort—the
ratio between actual revenue and tax capacity
Tax effort is the actual tax yield of a country relative to the tax capacity of the country.
(iii) Character of taxation: If taxes are planned wisely, then they give less
bitterness from people and bring forth a large yield, the taxable capacity will be
at high level.
Theoretical Concepts of Taxation: 59
(vi) Standard of living of people: If standard of living of people is high, they work
more efficiently so that they may enjoy a still better standard of living. When
they work enthusiastically (actively), they receive higher wages from their
employers. Taxable capacity tends to increase then.
Explain the concept of excess burden and optimal taxation, explain the relation between tax
rate and revenue collection, explain the concepts tax incentives and tax competition
[Learning Outcome I, j, k]
S’
Price
S
&
0
Q2 Q1 Quantity
After Tax
Consumer Surplus = A
Producer Surplus = D
Aggregate surplus = B + C + E + F
Tax Revenue = B + C
Deadweight loss = E + F
Deadweight
ϯͬϮϳͬϮϬϭϯ
loss can be calculated as: DWL = ½ x T x (Q1 – Q2) Ϯϲ
0 0 t1 t1 t2 t2 tA tA t3 t3 100100Tax Tax
rate rate
They also make available to the taxpayer funds that would not otherwise be at his
disposal.
Tax incentives do publicize and enhance a country’s investment climate.
Arguments against:
Self-Examination Questions
Question 1
Explain the distortionary effects of personal income tax and corporate income tax.
Question 2
(a) “Elasticity of demand and supply is an important determinant of the effects of taxation in
the economy”. Discuss.
(b) Briefly explain the extent to which taxes can be used to counteract inflationary pressures.
Question 3
In light of inflationary tendency in the economy, illustrate how effects of taxation on inflation are
dependent on the concept of elasticity.
Question 4
(a) Explain in detail the concept of incidence of taxation.
(b) A tax of two percent is charged on every onion produced by a farmer in Tanzania.
REQUIRED:
Explain in what circumstances the farmer will be able to pass on the entire tax to the
consumers.
Question 5
Taxation traces its origin to the ancient times as a major source of revenue needed for
governance. Kingdoms, monarchies, and even dynasties had an elaborate form of taxation
imposed on their subjects to source funds that were used to run affairs of the government.
Theoretical Concepts of Taxation: 63
Taxation has had a long and influential history in the shaping of civilizations throughout the World.
All the great ancient civilizations such as Egyptian, Romans, Greek, Persians, Zulu, Oyo, Malian,
Songhai, and Benin, taxed their people to achieve a collective greatness. The above sources of
revenue also apply to Tanzanian Tax system.
Required:
;ĂͿ Evaluate the requirements of a good tax system.
;ďͿ Explain the effect of taxes on savings.
Question 6
(a) One of the desirable characteristics of a good tax system is fiscal neutrality.
Required:
(b) Traditionally, economists argue against indirect taxes and in favour of direct taxes on
grounds that the former distorts consumer preferences between taxed goods and other
goods.
Required:
Comment on the above statement, highlighting the role that elasticity of demand may play
on such distortion.
Question 7
a) Identify two differences between the economic purpose and social purpose of taxation
b) Explain three advantages of indirect taxes as compared to direct taxes.
c) Explain any two cannons of taxation
Question 8
(a) Comment on the following statement: Taxation under the ‘benefits theory’ operates on the
similar lines as prices function in a free market.
(b) Briefly explain the sacrifice theory and discuss its relationship with the ability to pay theory
Question 9
(a) Briefly explain the benefit theory of taxation.
(b) How does the ability-to-pay principle of taxation differ from the benefit principle? What
problems are encountered in implementing both these tax philosophies?
(c) In the ability to pay approach, what should be the sacrifice of each taxpayer and how should it
be measured?
Question 10
(a) What is the difference between impact of tax and incidence of tax?
(b) Explain the concepts of statutory incidence and economic incidence.
(c) Explain the incidence of taxes in a competitive market.
Question 11
(a) Explain the meaning of consumer surplus and producer surplus.
(b) Briefly explain the effects of taxation on savings of individuals
(c) Briefly explain on the term “tax wedge”
(d) Explain the income and substitution effect
Question 12
(a) Briefly, define ‘taxable capacity’.
(b) Discuss briefly factors which may affect a taxable capacity of a country.
(c) Differentiate between ‘tax buoyancy’ and ‘tax elasticity’.
64 Public Finance and National Income
Question 13
(a) Explain the classification of taxes based on how they are levied.
(b) Explain the principle of economy of taxation
Question 14
In efforts to reduce alcohol consumption, the government is considering an introduction of Tshs 15
tax on each gallon (Q) of liquor sold. Suppose that:
Demand function : PD=100-2Q
Supply function : PS =10+Q
Required
(i) Calculate equilibrium quantity and price before taxation
(ii) Compute the price paid by consumer, the price received by producer and the quantity
sold after taxation
(iii) Calculate the consumer surplus and producer surplus before taxation and after taxation
(iv) Calculate tax revenue to the government and Dead Weight Loss (DWL)
(v) Calculate price elasticity of demand and price elasticity of supply
(vi) Calculate the share of tax revenue paid by consumer and share paid by producer.
(vii) Who pays more tax and why?
Question 15
It is a common practice for government revenue authorities in different countries to change tax
rates or introduce new taxes in both direct and indirect taxes.
Required:
Discuss the implication of changes in taxes on each of the following:
(a) Demand and supply of goods and services.
(b) Savings of individuals and companies.
(c) Producer and consumer surplus.
(d) Tax impact on consumption on wages and employment.
Question 16
(a) Briefly evaluate the ‘Sacrifice Theory’ and discuss its relationship with the ‘Ability to Pay
Theory’.
(b) Illustrate the key differences between the ‘Benefit Theory’ on one hand and the ‘Sacrifice
and Ability to Pay Theories’ on other hand.
Question 17
The use of investment tax incentives in developing countries has been very popular and very
controversial for decades. Despite the controversy, many countries around the world offer
investment tax incentives of one form or another.
Required:
(i) Describe the essential features of investment tax incentives
(ii) Discuss six (6) fundamental premises that underpin the use of investment tax
incentives in developing countries
(iii) What would be your arguments if you were to advise against tax incentives? (any
eight arguments)
Question 18
There is an emerging consensus that tax base erosion due to tax incentives in developing
countries is compounded by the lack of transparency and clarity of provision, administration, and
governance of tax incentives.
Required:
Give five (5) advises in line with best practices as to what measures the government might
implement to promote governance of tax incentives.
Theoretical Concepts of Taxation: 65
Question 19
Tax exemptions aimed at Foreign Direct Investment, (FDI) are especially important form of tax
expenditure in low income developing countries category and, in many cases, significantly
undermining their tax revenue base. The incentives for multinationals to negotiate tax breaks with
developing countries frequently results in a “race to the bottom” in which countries in this category
are made collectively worse off, to the benefit of the multinational investors. As such, fiscal
incentive based competition strategy to attract FDI continues to be a subject of debate.
Required:
Critically appraise this statement in the light of current tax exemption practices in Tanzania.
Answer to SEQ 1
The distortionary effects of the Personal Income Tax and corporate income tax are as follows:
(i) Effects on labour supply. The income tax alters labour; the leisure trade-off; based on
the income and substitution effects we can see that the substitution effect is negative in
that it reduces hours worked. On the other hand, the income effect may be positive or
negative. In that regard, the net effect is an empirical matter. It should be noted also
that, quantitative impact is likely to vary across individuals in different circumstances.
Hours worked by most working-age men are relatively insensitive to income tax
especially when most work on full-time basis. On the other hand, married women would
be more responsive since it could be easier to vary part-time hours.
(ii) Effect on Saving. With regard to income and substitution effects, an overall impact of
income tax on saving is ambiguous. The taxation of interest on savings for instance
without corresponding subsidy to interest paid on borrowings leads to a kink in the
budget line for the allocation of resources between present and future consumption. The
income tax systems vary in terms of relative taxation of earned income and unearned
income on interest and dividends. As it is clear that Tax Base would be Income minus
Net Saving whereas the effect would be to tax income when spent, not when earned.
(iii) Taxes reduce the income that the person has available to purchase goods and services.
Answer to SEQ 2
(a) In their discussion, candidates are expected to include the following points which (may)
justify that the effects of taxation in the economy depend on the elasticity of demand and
supply. The discussion focuses on ‘allocative’ and ‘distributive’ effects of indirect taxation.
Effects of taxation (on resourced allocation, distribution and inflationary tendency) depend on
elasticity as follows:
Given the elasticity of supply, the effect on demand for a good will be directly related
to its demand elasticity;
Goods with higher elasticity of demand would be affected more and those with lower
elasticity of demand would be affected less by a given tax rate;
Similarly, a good with a higher elasticity of supply would be affected more by tax on it
than a good with a lower elasticity of supply;
It follows, therefore, the extent to which a given tax on a commodity would reduce its
output and release resources for other industries would depend upon its elasticity of
demand;
Consequently, it is necessary we consider the relevant elasticity of demand and
supply of a good while using an indirect tax to shift its production and resource
appropriation.
OR
66 Public Finance and National Income
When indirect taxes are imposed on the cost of production of the goods having high
elasticity of demand and low elasticity of supply, a greater part of their incidence gets
settled on the suppliers themselves;
- This reduces their profits and has an effect of checking inflation.
Inflationary price rise is mainly the case of those goods which have a low elasticity of
demand and high elasticity of supply
- If indirect taxes are imposed on such goods, their incidence will be shifted on the
buyer;
- This feeds the forces of inflation;
- If taxed goods are of consumption variety:
▹ Will raise the cost of living and will force the workers to demand higher
wages;
▹ Then, due to wage rise, cost of production in industries producing even
untaxed goods will go up.
- E.g. luxuries may be taxed but not necessities (basic goods), which will raise the
cost of production all over;
- If necessities are to be taxed, then the rates should be quite low.
(b) Extent to which taxes can be used counteract inflationary pressures. Candidates are
expected to construct their arguments around the following two rationales:
Taxes as built-in-stabilizer
Belief that taxes can be used to curb prices and demand.
The above two arguments can be further explained as follows:
Answer to SEQ 3
Effects of taxation on inflationary tendency depend on elasticity as follows:
Goods having a high elastic of demand and a low elasticity of supply are not likely to show
much inflationary tendency.
- Therefore, when indirect taxes are imposed on the cost of production of the goods with these
elasticity characteristics, a greater part of their incidences get settled on the suppliers
themselves.
- This reduces profits and has an effect of checking inflation
Theoretical Concepts of Taxation: 67
In contrast, inflationary price rise is mainly the case of those goods which have a low elasticity
of demand and high elasticity of supply
- If indirect taxes are imposed on such goods, their incidence will be shifted to
the buyer.
- This feeds the forces of inflation.
If the goods on which indirect taxes are imposed are of consumption variety:
- Will raise the cost of living and will force the workers to demand higher wages.
- Then, due to wage rise, cost of production in industries producing even un-taxed goods will
go up.
- Therefore, judicious choice should be made on commodities to be taxed and
at what rates of taxation.
- Thus, luxuries may be taxed but not necessities, which will raise the cost of production all
around.
- If necessities are to be taxed, then the rate should be quite low.
Answer to SEQ 4
(c) One of the important concepts of taxation is the incidence of tax. Taxes are not always borne
by the person who pays the tax; in many instances the burned of tax is shifted to another
person. Tax incidence s said to be on the person who ultimately bears the burden of tax
whereas impact of tax is on the person from whom government collects money in the first
instance. Burden of tax may be shifted from one person to another; shifting finally ends in
incidence. A person on who tax is levied may shift the burden of tax on another person either
entirely or partly or he may not be able to pass on the burden at all. One of the factors
determine tax incidence is the price elasticity of demand and supply. Prices elasticity of
demand is the responsiveness of the quantity demanded of a good or service to a change in
its price or in other words it is the percentage change in quantity demanded to a one
percentage change in price. Price elasticity of supply us the responsiveness of the quantity
supplied of a good or service to a change in its price.
(d) The farmer will be able to pass on the entire burden of tax on the consumers if the product is
price inelastic (that means if the price is increased, there would only be a small loss in demand
that will be compensated by the additional revenue by increase in price). In case the price of
the product inelastic, the farmer may be able to shift the burden of tax only partly on the
consumer or may not be able to shift at all.
Answer to SEQ 5
(a)
The tax collected should be enough to meet public spending needs and contribute
to fiscal stability.
The tax burden should be distributed fairly among actual or potential taxpayers.
A good tax policy should consider minimizing the potential adverse economic costs
of taxation.
(b) Impact of Taxes on Savings of Individuals
Wealthy individuals save more than poor citizens, so it is expected that the taxes
collected from higher tax brackets create more burden on savings than the ones
collected from lower tax brackets.
Consequently, a more progressive income tax seems to be creating a heavier
burden on savings than a less progressive tax system.
This claim suggests that a less progressive income tax system would be favorable
to the increase in savings of individuals.
68 Public Finance and National Income
Impact of Tax on Gross Savings of Companies
If profit taxation law allows accelerated depreciation, then depreciation reserves
and company savings will increase in the first years following the purchase of fixed
assets.
Profit is divided in the dividends distributed to company owners and undistributed
profit remaining in the company.
Higher taxation of the retained profit will stimulate its distribution to dividends,
while lower taxation of the retained profit will increase the company’s savings.
Answer to SEQ 6
a) Fiscal neutrality
i. Fiscal neutrality argues that taxes must not alter the choices and preferences of the
members of society
ii. Assumptions underlying fiscal neutrality is that market mechanisms allocate
resources efficiently.
b) Indirect taxes are taxes on specific commodity thus when charged it may raise the price of
commodity. Therefore, according to the laws of demand and supply the consumer preferences
(demand) for the taxed commodity will decline (distorted). The extent of distortion of consumer
preferences will depend on the elasticity of demand of the commodities. Largest distortion will
occur when the commodity has perfect elastic demand and there will be no distortion where
elasticity of demand is zero (completely inelastic demand) .
c) Direct taxes on the other hand are not tax on specific commodity. Therefore, when the tax is
charged it does not affect the price of product and thus consumer preferences will not be
distorted.
Answer to SEQ 7
(a)
Economic purpose of Social purpose of taxation
Taxes aretaxation
used to promote goals Taxes are used to reduce the gap between
such as full employment, satisfactory poor and rich. Taxes are therefore used as a
rates of economic growth, and stability redistribution of wealth.
of the money supply.
Tax revenues are important because of In addition to taxing the rich more than
governments need to manage the the poor government can use cash transfer
economy, regulate society, develop system to reduce poverty and promote social
society and provide public goods. equality.
(b) The advantages of indirect taxes in comparison to direct taxes are as follows:
Indirect tax is convenient to both the Government and the taxpayer. It is convenient to
taxpayer as the taxpayer do not feel the burden much because they do not pay a lump sum
amount for tax and that tax is paid only when making purchases. Moreover, the tax is
"price-coated" i.e it is wrapped in price and therefore the burden cannot be easily felt. It
is convenient to the Government as well because the business owners collects the tax on
the Government’s behalf when they charge a price.
There is mass participation. Each and every person getting goods or services has to pay
tax. Indirect taxes are the only means of reaching the poor who are always exempted from
paying direct taxes. It is a sound principle that every individual should pay something,
however little, to the Government.
Theoretical Concepts of Taxation: 69
Unlike direct taxes, the indirect taxes have a wide coverage. Majority of the products or
services are subject to indirect taxes. The consumers or users of such products and services
have to pay them.
Answer to SEQ 8
(a) The benefit principle is an attempt to establish taxation on a similar basis as market
pricing; that is the tax is to be levied in accordance with the benefit received by the
individual. It is an attempt to achieve the goal of a neutral tax, one that would leave the
economic system approximately as it is, on the free market. It is an attempt to establish a
criterion of payment on the basis of benefit rather than sacrifice.
(b) The ability-to-pay approach treats government revenue and expenditures separately.
Taxes are based on taxpayers’ ability to pay; there is no quid pro quo. Taxes paid are
seen as a sacrifice by taxpayers, which raise the issues of what the sacrifice of each
taxpayer should be and how it should be measured:
(i) Equal sacrifice: The total loss of utility as a result of taxation should be equal
for all taxpayers (the rich will be taxed more heavily than the poor).
(ii) Equal proportional sacrifice: The proportional loss of utility as a result of
taxation should be equal for all taxpayers.
(iii) Equal marginal sacrifice: The instantaneous loss of utility (as measured by
the derivative of the utility function) as a result of taxation should be equal
for all taxpayers. This will entail the least aggregate sacrifice (the total
sacrifice will be the least).
Answer to SEQ 9
(a) Benefit principle: A principle of taxation in which taxes are based on the benefits
received by people using the goods financed with the tax. The benefit principle is often
difficult to implement because by their very nature, many government produced goods
(public goods) do not have easily measured benefits. But in those cases where benefits
are identifiable, government is not shy about establishing taxes, fees, or charges in
accordance with the benefit principle. Public college tuition, national park admission
fees, and gasoline excise taxes are three common examples. The beneficiaries of
education, a wilderness experience, and highway use are asked (required) to pay
accordingly.
70 Public Finance and National Income
(b) The benefits received principle of taxation asserts that people and businesses who
receive the benefit of a good or service financed by taxes should pay the tax it requires.
The ability to pay principle is the opposite of the benefits received principle. It can be
difficult for governments to implement the benefits received principle because of its
nature. It is not easy to measure the benefits that certain people receive from a public
good. Most governments, however, normally implement taxes in cases where benefits are
easily identified. Charges, fees and taxes are often levied against those who use public
universities, gasoline or national parks. Because the specific people who use these
government resources receive much of the benefit from their existence, those people are
asked to pay for the benefit they received. As an example, gasoline taxes are often used
to construct and repair highways. This is because those who buy gasoline are
assumed to be the users and the major beneficiaries of roads and highways. The ability
to pay principle is very different from the benefits received principle. The ability to
pay principle asserts that the tax burden should be split up according to how able
someone is to pay for government services.
(c) The ability-to-pay principle in taxation maintains that taxes should be levied according a
taxpayer's ability to pay. This progressive taxation approach places an increased tax
burden on individuals, partnerships, companies, corporations, trusts and certain estates
with higher incomes. The theory is that individuals who earn more money can afford
to pay more in taxes. The sacrifice of each taxpayer and the method of how should it be
measured is as follows:
i. Equal sacrifice: The total loss of utility as a result of taxation should be equal for all
taxpayers (the rich will be taxed more heavily than the poor).
ii. Equal proportional sacrifice: The proportional loss of utility as a result of taxation
should be equal for all taxpayers.
iii. Equal marginal sacrifice: The instantaneous loss of utility (as measured by the
derivative of the utility function) as a result of taxation should be equal for all
taxpayers. This will entail the least aggregate sacrifice (the total sacrifice will be the
least).
Answer to SEQ 10
(a) The impact of tax refers to the way the introduction of taxation, or the raising of tax
levels, on a particular product or service, affects the way the product or service is used.
The introduction or increase of tax, for example, usually results in the product or service
being purchased less often. As a result, the impact of tax, or tax impact, is usually
negative for the development of an economy, as it hinders and reduces spending, which
is necessary for the growth of an economy. On the other hand, the incidence of tax
refers to the people who carry the burden of tax. For example, if you own a large
portion of land, but your neighbour owns a small portion of land, and tax on land
goes up, you would be said to be part of the population subject to the incidence of tax.
Therefore, a simple way of describing the difference between the impact and the
incidence of tax would appear as follows: The incidence of tax relates to the effects upon
the people who pay the taxes, while the impact of tax relates to the effects upon the
goods and services which are taxed. It could be argued that the two are linked, as if taxes
on goods and services are raised, the impact of tax would mean that less people pay for
them - as a result, the government and other large bodies have to find a source of income
other than VAT, and therefore other taxes may be raised, effecting the incidence of tax
(b) The statutory / legal incidence refers to the person on whom the law says the tax
obligation falls. Legal incidence is established by law when new taxes are enacted, and
specifies which individuals or companies must physically remit tax payments to the
revenue authorities.
The statutory incidence of taxes is generally very different from their final economic
burden. Taxes, disrupt what otherwise would be an efficiently functioning market by
influencing the relative prices facing individuals, they lead to changes in individual
Theoretical Concepts of Taxation: 71
behaviour. This disruption is seen as a tax wedge between the demand price and the
supply price. Changes in the demand and supply prices after a tax, when compared to the
equilibrium price before the tax, is called incidence or burden of the tax. The economic
tax incidence identifies who ultimately pays the tax.
(c) Tax incidence is concerned with the effect of taxation upon prices and profits. Since
perfectly competitive firms earn zero profits, under perfect competition there is only a
price effect. Consumer prices increase by just the amount of the tax if the long run supply
curve is horizontal, and by less than that if it is upward sloping. Price rising by more than
the amount of the tax is not a possibility in this market. It is difficult to shift tax burden in
perfect market containing many buyers and sellers, full knowledge, no restrictions on exit
and entry as small increase in price lead to significant decrease in sales. In a perfectly
competitive partial equilibrium framework, the economic incidence of a tax is unaffected
by which side of the market the tax is levied on. Second, the economic burden of a tax is
borne more heavily by the side of the market that is less elastic (in absolute value). No
more than 100 percent of the tax can be shifted to a party. In the competitive market, if
the supply is completely inelastic or if demand is completely elastic or demand is
completely inelastic, the tax is entirely borne by consumers.
Answer to SEQ 11
(a) In a market without taxes, the difference between the market price of a good and the
highest amount consumers would be willing and able to pay for it is referred to as
consumer surplus. Consumer surplus occurs because first, every consumer has his
own maximum price he would be willing to pay for a good (although the market
aggregates this demand, along with supply, to produce a market price); secondly, is due to
the fact that demand is rarely perfectly elastic. Consumer surplus can be seen as the
total use or value that consumers get without paying for it. Producer surplus
represents the difference between the market price and the lowest amount for which
producers would be willing and able to sell a good in a market without taxation. It
is possible -- and, in fact, normal -- that there will be consumer surplus and producer
surplus for the same good. In the same way each consumer has her own maximum price
for a good, each producer has a minimum price for the good. In most cases, this is at or
slightly above the producer's costs, because there is no benefit to producing and selling
more cheaply than this. In effect, producer surplus means profit.
(b) Taxes can reduce economic growth by affecting savings and investment. The
higher the proportion of income that is being saved and invested, the higher will be
the future income level. The net savings of individuals, consisting of savings in
households and retained earnings of companies, represent the real potential, available
for new investments. The major part of these savings is accumulated in households, while
the retained earnings account for only a small part of them. If all individuals would save the
same proportion of income, then the impact of income tax on the total savings would be
the same, regardless of the pattern of the distribution of tax burden to individuals. But,
wealthy individuals save more than poor citizens, so it is expected that the taxes
collected from higher tax brackets create more burden on savings than the ones
collected from lower tax brackets. Consequently, a more progressive income tax
seems to be creating a heavier burden on savings than a less progressive tax
system. The propensity to save is affected by non tax factors like demography i.e. it
varies with stage in a life cycle: in youth and in old age it is much lower than in middle age
when income is highest and when people save for education of their kids, for a house or a
flat and for the old age. Income tax also affects savings by lowering the net return from
savings, that is, by lowering the interest rate on savings. Furthermore the savings of
individuals are motivated with various other reasons and their final amount does not have
to depend on interest rate trends only. Besides income tax, consumption tax also affects
savings of individuals. While income tax is generally progressive, consumption taxes are
mostly regressive, that is, they are mostly paid by lower-income households. Since
these households have a higher marginal propensity to consume than the households with
higher income and since their marginal propensity to save is lower than the one of
72 Public Finance and National Income
(c) wealthy individuals, consumption taxes burden total consumption more and savings
less. This is why it is often recommended to the countries with low level of savings that
they should direct their tax systems to taxation of consumption much more, because this
will boost savings and growth, too.
(d) Labour taxes drive a wedge between what workers receive and what firms pay, and
empirical analysis suggests that employment falls as a result, thereby lowering
potential output. The extent of the fall in employment depends on labour-market
institutions and the wage-bargaining framework. In countries with flexible labour markets,
the taxes tend to get shifted back onto labour, reducing the take-home wage. The effect
on labour supply of this lower wage appears to be empirically small for men, but appears
to be significant for women, for whom tax elasticity are high. In countries with inflexible
labour markets, by contrast, labour taxes tend to get shifted forward to producers, at least
in the short run, and therefore reduce labour demand. This reduces employment and
lowers growth if lower demand for labour is not replaced by higher demand for capital, for
example if investment reacts negatively to higher costs of production. Empirical work
shows that labour-demand elasticity are much higher than overall supply elasticity, so that
labour taxes tend to be much more distortionary in countries where there are inflexible
labour markets, and most of the tax effect falls on the demand rather than the supply
of labour. The absolute level of the labour-tax burden also tends to be high in such
countries.
(e) The substitution effect is the change in consumption patterns due to a change in the
relative prices of goods. For example, if private universities increase their tuition by 10%
and public universities increase their tuition by only 2%, then it is very likely that we would
see a shift in attendance from private to public universities (at least amongst students
accepted to both). The same can be said across brands, goods, and even categories of
goods. Examples would be the relative price of Pepsi vs. Coke, Red Meat vs.
Poultry and Clothes vs. Entertainment. The income effect is the change in
consumption patterns due to the change in purchasing power. This can occur from
income increases, price changes, or even currency fluctuations. For example, a
decrease in the price of all cars allows you to buy either a cheaper car or a better car for
the same price, thus increasing your utility. Goods typically fall into one of two
categories: normal and inferior. These categorizations relate consumption of a good with
a particular individual’s income. Normal goods increase in consumption as income
increase while inferior goods decrease as income increases. Also, some goods can be
normal or inferior only on certain ranges of an income spectrum. For example, education
is a normal good: as one’s income increases (family income), demand for education
increases. As one’s income increases, hot dog consumption, however, typically
decreases. The income effect is the change in consumption patterns due to the change
in purchasing power and the substitution effect is the change in consumption patterns
due to a change in the relative prices of goods.
Answer to SEQ 12
Taxable capacity
(a) A brief definition of a taxable capacity
Refers to the maximum amount, which citizens of a country can contribute
towards the expenditure of the government without undergoing
unbearable strain OR
It is the upper limit of squeezability OR
It is the maximum amount of taxation that can be raised and spent to
produce the maximum economic welfare in the economy
Theoretical Concepts of Taxation: 73
Answer to SEQ 13
(a) The basis on which taxes are levied, can also be bifurcated into following three categories:
Progressive taxation: a tax such as the income tax demonstrates the progressive
principle. As income rises so does the proportion of tax i.e. the rate of tax rises as well as
the amount of tax. This can be considered as just and fair, as the higher tax payments
are made by those with higher incomes. Taxes which take a higher percentage of the
incomes of higher income earners are said to be progressive.
Regressive taxation: This is the tax where, as the amount of income increases,
percentage of tax is reduced. So in this case, a tax payer in the high income group may
be paying more taxes in absolute terms but the percentage of income is falling.
Proportional taxes: In this case, as the tax payer’s income increases, he pays more
tax but the amount that is paid as percentage of the tax payer’s income remains
unchanged.
(b) This principle states that the every tax should be framed in such a manner that is takes out
of the pockets of the people as little as possible, over and above what it brings into the
public treasury. A good tax system will ensure that the cost of collecting and paying tax
as well the compliance cost is minimum. For example, if there are many procedures for
payment of tax and filing of related documents or if a number of visits are required by the
tax payer to the tax office, then the tax system is said to be uneconomical. In a broader
sense, if very high tax is levied on the income of the tax payer, it will discourage savings
and the productive capacity of the economy will go down, which will be uneconomical for
the State. Taxes on products like alcohol, cigarettes etc are considered as economical
because they fetch revenue to the government as well as increase the price of those
products which will discourage their consumption.
74 Public Finance and National Income
Answer to SEQ 14
(i) Calculate equilibrium quantity and price before taxation
At equilibrium
Ps = Pd
10 + Q = 100 – 2Q
2Q + Q = 100 – 10
3Q = 90
Q = 90/3
Q = 30
In order to get Price P, take one of the equations and substitute Q with 30
Let take P = 10 + Q
Then P= 10 + 30
P = 40
Therefore,
Quantity (Q) = 30
Price (P) = 40
(f) Compute the price paid by consumer and price received by producer and quantity sold
after taxation together with producer supply and consumer supply before and after taxation
In order to find the price paid and received by consumer and producer respectively you
need to equate zero for quantity to demand and supply functions to get those prices.
Therefore
Demand function: Pd = 100 - 2Q
Make Q the subject
Pd = 100 - 2Q
2Q = 100 - Pd
Q = (100/2) – ½ Pd
Q = 50 - ½ Pd
Then Q= 0
0 = 50 - ½ Pd
½ Pd = 50
Pd = 50 * 2
Pd = 100
Supply function: Ps = 10 + Q
Make Q the subject
Ps = 10 + Q
Q = Ps - 10
Then Q= 0
0 = Ps - 10
Ps = 10
Price
100
Supply
Customer
surplus
40
Producer
surplus
Demand
10
0 30 Quantity
Price
100
New Surplus
consumer
surplus
50
dĂdžĂƌĞĂ
40
dĂdžĂƌĞĂ
35 New producer
surplus
Demand
10
0 25 30
Quantity
(g) Calculation of tax revenue to the Government and Dead Weight Loss (DWL)
Tax revenue to the Government
= New quantity * tax
= 25 * 15
= 375
Dead Weight Loss (DWL)
= ½ * tax * ΔQ
= ½ * 15 *(30 – 25)
= ½ * 15 * 5
= 37.5
(h) Calculation of price elasticity of demand and price elasticity of supply
Price elasticity of demand ℮d
= ∂Q/∂p *(P/Q)
In order to get ∂Q/∂p make Q the subject
Pd = 100 - 2Q
Q = 50 - ½ Pd
Therefore
∂Q/∂p = - ½
Then
℮d = ∂Q/∂p *(P/Q)
= - ½ * 40/30
= - 0.67
Price elasticity of supply ℮ s
= ∂Q/∂p *(P/Q)
In order to get ∂Q/∂p make Q the subject
Ps = 10 + Q
Q = Ps - 10
Therefore
∂Q/∂p = 1
℮d = ∂Q/∂p *(P/Q)
= 1 * 40/30
= 1.3
(i) Calculation for share of tax revenue paid by consumer and share paid by producer
Consumer/buyer
= ℮s /( ℮s – ℮d)
= 1.3 / (1.3-(- 0.67))
= 1.3/ 2
= 0.65 * 100%
= 65%
Producer / seller
= ℮d /( ℮d – ℮s)
= - 0.67 / (- 0.67- 1.3)
= - 0.67 / -2
= 0.335 * 100%
= 33.5%
(j) The one who pays more tax is producer, since he/she cannot shift the tax burden by
increasing price to the consumer
78 Public Finance and National Income
Answer to SEQ 15
(a) Tax on good and services distorts the relationship between demand and supply. Taxes
have an effect on the amount of supply produced and consumer’s demand for goods.
Taxation puts both consumers and producers in a worse position because with the
introduction of taxes, the price that consumers pay is higher than what they would have
paid before. On the other hand, the price that producers get after the introduction of taxes
is lower than what they would have received before taxation. The resulting change in
relative cost of goods and services will have an effect of motivating consumers to switch
from one product or activity to another. The act of switching from one product to another
as a result of a tax, given a certain income level, leads to substitution effect. The
substitution effect interferes with consumer choice and subsequently leads to economic
inefficiency.
Taxes that affect relative prices and influence consumers to substituting consumption of the
taxed commodity for another are also termed distortionary taxes and the substitution
changes the consumer’s tax liability.
The market has narrowed because lower quantity of goods is being exchanged. The
decrease in consumers’ and producers’ welfare turns into tax revenue of the state. Thus, for
the purpose of full understanding of the impact of taxes on welfare, the decrease in welfare
of consumers and producers should be compared with the tax revenue collected by the
state. Such an analysis will show that the decrease in consumers’ and producers’ welfare
exceeds the tax revenue collected by the state.
The loss of welfare that takes place after introduction of taxes (a part of which belongs to no
one – neither to a consumer or producer, nor to the state) represents a dead weight loss or
excess tax burden, or a degree of inefficiency that taxes introduce to the economy.
If all individuals would save the same proportion of income, then the impact of income tax on
the total savings would be the same, regardless of the pattern of the distribution of tax
burden to individuals. But, wealthy individuals save more than poor citizens, so it is
expected that the taxes collected from higher tax brackets create more burden on savings
than the ones collected from lower tax brackets. Consequently, a more progressive income
tax seems to be creating a heavier burden on savings than a less progressive tax system.
Income tax also affects savings by lowering the net return from savings, that is, by lowering
the interest rate on savings. In such conditions, savings are expected to drop. However,
the savings of individuals are motivated with various other reasons and their final amount
does not have to depend on interest rate trends only. For example, many households will
not save less when interest rates are lower, because they are in that part of life cycle when
they have to save for retirement.
Besides income tax, consumption tax also affects savings of individuals. While income tax
is generally progressive, consumption taxes are mostly regressive, that is, they are mostly
paid by lower-income households. Since these households have a higher marginal
propensity to consume than the households with higher income and since their marginal
propensity to save is lower than the one of wealthy individuals, consumption taxes burden
total consumption more and savings less. This is why it is often recommended to the
countries with low level of savings that they should direct their tax systems to taxation of
consumption much more, because this will boost savings and growth, too.
Theoretical Concepts of Taxation: 79
Retained earnings and depreciation reserves account for the predominant part of company
savings. Since profit is taxed after deduction of depreciation income tax does not reduce the
depreciation reserves. But if profit taxation law allows accelerated depreciation, then
depreciation reserves and company savings will increase in the first years following the
purchase of fixed assets. Profit is divided in the dividends distributed to company owners
and undistributed profit remaining in the company.
Different taxation of the dividends and retained profit has an impact on savings, too. Higher
taxation of the retained profit will stimulate its distribution to dividends, while lower taxation
of the retained profit will increase the company’s savings. The amount of savings also
depends on whether profit taxation system and income taxation system are reconciled. If
they are double taxation of the dividends on company level and again on the level of
individuals is thus avoided.
Taxes on labour income and consumption spending encourage households to shift away
from work in the legal market sector and toward untaxed used of time such as leisure,
household production, and work in the shadow economy. Empirical evidence also show that
taxes affect work activity directly through labour supply-and demand channels and indirectly
through government spending responses to available tax revenues. Higher tax rates on
labour income and consumption expenditures lead to less work time in the legal market
sector, more time working in the household sector, a larger underground economy, and
smaller shares of national output and employment in industries that rely heavily on low-
wage, low skill labour inputs.
Answer to SEQ 16
(a) The sacrifice Theory
- If the marginal utility of income or wealth decreases the richer ones is then a
80 Public Finance and National Income
given amount of tax falls more lightly on the richer than on the poor.
People with higher incomes should pay more than those with
lower incomes.
The value of an additional dollar of income falls as income rises.
The ability to pay criterion does not necessarily justify regressive proportional or
progressive taxes.
Relationship
The ability to pay approach treats government revenue and expenditure separately. Taxes
are based on tax payers’ ability to pay, there is no guild pro quo. Taxes paid are seen as a
sacrifice by tax payers, which raise the issues of what the sacrifice of each tax payer
should be and how it should be measured.
(i) Equal sacrifice. Total loss of utility as a result of taxation. Should be equal for all
taxpayers the rich will be taxed more heavily than the poor.
(ii) Equal proportional sacrifice: The proportional loss of utility as a result of taxation
should be equal for all taxpayers.
(iii) Equal marginal sacrifice: the instantaneous loss of utility as measured by the
derivative of the utility function as a result of taxation should be equal for all tax
payers. This will entail the least aggregate sacrifice (the total sacrifice will be the
least).
The sacrifice and ability to pay principles depart completely from the principles of action
and the accepted criteria of justice on the market. On the market people act freely in those
ways which they believe will confer net benefits upon them. The result of these actions is
the monetary exchange system with its in exorable tendency toward uniform pricing and
the allocation of productive factors to satisfy the most urgent demands of all the
consumers.
The sacrifice and ability-to pay principles forget about. The free choice and uniform pricing
and the discussion is all interims of sacrifice, Burden etc.
If taxation is only a burden, it is no wonder that coercion must be exercised to maintain it.
The benefit principle on the other hand is an attempt to establish taxation on a similar
basis as market pricing that is, the tax is to be levied in accordance with the benefit
received by the individual.
It is an attempt to achieve the goal of a neutral tax one that would leave the economic
system approximately as it is on the free market. It is an attempt to achieve phraseological
soundness by establishing a criterion of payment on the basis of benefit rather than
sacrifice.
Theoretical Concepts of Taxation: 81
Answer to SEQ 17
Investment tax incentives
(i) Features of investment tax incentives
Tax incentives are special provisions in the tax laws which allow an exclusion from
income, a higher-than usual deduction or special deduction, a tax credit, or a
reduction in the tax rate. They are fiscal measures that are used to attract local or
foreign investment capital to certain economic activities or particular areas in a
country. Tax incentive comprise all measures that provide for a more favourable
tax treatment of certain activities or sectors compared to what is granted to
general industry or economy. Through tax incentives, governments try to
reallocate or attract domestic and foreign capital using selective tax incentives
that give a more favourable tax treatment to certain economic activities.
(ii) Fundamental premises that underpin the case for tax incentives in developing
countries. Candidates are expected to discuss the arguments in favour of
investment tax incentives. There are several arguments, but a minimum of seven
(7) arguments is sufficient.
- Investment tax incentives enhance return on investment
Additional investment is needed to foster more rapid economic growth. Tax
breaks can be effective in stimulating investment.
- May be justified by positive externalities stemming from investment
- They are relatively easy to target and fine tune.
- They are necessary for responding to tax competition from other tax
jurisdictions.
- Compensate for other deficiencies in the investment climate.
- Enhance revenue by stimulating investment that generate other taxable
income via employment and linkage effects.
- Offer political advantages over direct expenditure programs to stimulate
investment.
- Tax incentives have been successfully used in well known cases/countries.
Tax incentives should only be granted in accordance with a comprehensive policy, which
lays down principles and policy objectives for the introduction or continuation of a tax
incentive. Governments should provide a justification for tax incentives (e.g.
regional/territorial development, employment creation) with the expected costs and
intended benefits. This should be communicated publicly through a regularly updated
statement. Such a statement provides the basis for the assessment of the performance of
tax incentives, any overlap and duplication and allows for governments to be held
accountable for the tax incentives they have granted.
Tax incentives for investment are currently provided through tax laws e.g. income tax law),
but in many cases are also provided by laws governing investment, Export Processing
Zones, Special Economic Zones, etc. and in other cases, through decrees, agreements
and regulations. As a result their true extent may be hidden. All tax incentives provided,
along with their eligibility criteria, should be consolidated and publicized in the main body
of tax law. Bringing tax incentives into the tax laws (or mirrored in the tax laws) increases
transparency and may empower the tax administration to administer them. Those tax
incentives that are used should be as simple as possible to both apply for and
administer.
Consolidate all tax incentives for investment under the authority of one government
body, where possible
All tax incentives should be placed under the authority of one government body, ideally the
Ministry of Finance. Currently, the granting and administration of tax incentives may be
the responsibility of finance, trade, investment or other ministries, increasing the risk of
corruption and rent seeking. Consolidating them under a single body increases
transparency, helps to avoid unintended overlap and inconsistencies in incentive
policies, limits discretionary power and enables policy makers to address problems
that may arise with the governance of tax incentives. In countries where the granting
and administration of tax incentives is decentralized and/or carried out by both the central
and sub-national governments, to the extent possible, various levels of government should
coordinate to maximize the efficiency and transparency of their efforts.
Ensure tax incentives for investment are ratified through the law making body or
parliament
Tax incentives provided through executive decrees or agreements when not scrutinized by
the law making body do not provide sufficient transparency in their granting and operation.
Parliamentary oversight, or its equivalent, is fundamental to transparency and
accountability in the governance of tax incentives. This ensures incentives are subject
to scrutiny on their intended purpose and their costs as well as benefits to the country.
Theoretical Concepts of Taxation: 83
Once provisions have been enacted in the relevant tax laws and regulations, tax incentives
may be claimed by a taxpayer by meeting the necessary conditions as prescribed, without
negotiating with any granting authority, except as provided for under the relevant tax laws.
A minimum necessary condition to be met by taxpayers in the case of a tax incentive
should be requirement to file a tax return in the case of VAT and Income Tax, and in the
case of other taxes a statement detailing the duty or other exemptions availed in the
prescribed period. In addition to enhancing efficiency transparency, such taxpayer
information contributes to data for deterring the efficiency and equity of tax incentives. Tax
authorities should also periodically carry out audits of cases where tax incentives have
been claimed to ensure that they are not misused.
The amount of revenue loss attributable to tax incentives should be reported regularly,
ideally as part of an annual Tax Expenditures Report (covering all main tax incentives).
While cash expenditure budgets are usually scrutinized on a yearly basis, the revenue cost
of tax incentives is hidden when estimates of revenues forgone are not calculated and
reported. Embedding estimates of revenues forgone by tax incentives in the yearly budget
process provides policy makers with the required inputs on a timely basis to inform policy
decisions. It also supports medium term fiscal planning as what seems like a small
amount of foregone revenue in good fiscal times may become quite high during periods of
fiscal strain. The calculation of revenue forgone should recognize that the benefits of
some investments, mineral extraction, for example, may take many years to realise so
losses should be assessed over the life of the business concerned.
Highlight the largest beneficiaries of tax incentives for investment by specific tax
provision in a regular statement of tax expenditures, where possible
It may be possible ha a few investors, or sectors, benefit from most tax expenditures. The
tax expenditure statement should have sufficient detail to enable policy makers to identify
which sectors benefit from specific tax provisions and, where this is compatible with the
requirement of laws and regulations governing taxpayer confidentiality, authorities may
wish to consider detailing the major beneficiaries and the amount by which they benefit
from tax incentives. Making such information public can enhance the legitimacy of
governments and their revenue authorities in the eyes of citizens which in turn can
enhance compliance more broadly.
Analysis of tax incentives is data intensive – required for public statement, budgeting,
periodic reviews, tracking of behavioral responses by business, etc. There is a need for
the periodic collection of taxpayer’s data and on-going analysis of these data by revenue
authorities. This may require introducing mechanisms to do so in some countries.
84 Public Finance and National Income
In many cases tax incentives are provided in response to what neighbouring countries and
competitors are offering or received to be offering. Hence the issues of tax incentives
cannot be tackled in isolation. Governments can work together on a regional basis to
increase cooperation in the area of tax to avoid a race to the bottom when they provide
competing tax incentives. Efforts to enhance regional cooperation should also cover the
use of non-tax instruments e.g. cash subsidies and loan guarantees which also provide
incentives for investment.
Answer to SEQ 19
Comment on the use of tax exemption/fiscal incentives strategy to induce FDI
In countries where the investment climate is good, the effect of lowering effective tax rates on FDI
is positive, while in countries with poor investment climate – that includes Tanzania and other
developing countries – the effect is almost non-existent. This important observation suggests that
it is more efficient for low income developing countries to focus on improving their investment
climate rather than granting tax exemptions to corporations. There is some (substantial) evidence
which has confirmed that before investing in Tanzania businesses will consider other (more
important) factors than the level of tax exemptions they could get (see the factors below). Most
important factors that impact decision to locate investment in a particular country, in the order of
importance, are market potential, electricity, good roads, raw input, water infrastructure, access to
finance, business support, labour costs, port proximity, local suppliers, access to land, free zone,
exchange rate, affordable labour, legal system, tax incentives, duty free imports, protective tariffs,
competitor presence, repatriate dividends, competitive labour.
In this list, tax incentives and duty free imports do not appear to be the most important criteria
investors base their decision while assessing/deciding where to locate their businesses. This is,
however, not to say tax benefits should be abolished completely or kept very low, rather should be
neutral and not necessarily over generous.
A4
SECTION A
Governments are entrusted with not only setting the legal code (“laws of the land”) that
organisations must abide by, but also with shaping the external environment or macro
economy that they have to operate in. Public expenditure is an important facet of
macroeconomics as it relates to the spending by public authorities like central, state and local
authorities on various activities for achieving social and economic objectives.
As an accountant, it is important that you understand the various facets of public expenditure
which are discussed in this Study Guide as public expenditure policies shape the economy.
This is because changes in a government’s economic policies will undoubtedly affect your
organisation in some way.
This Study Guide will provide you with meaning, objectives and cannon of public
expenditure, an analysis of the classification of government expenditure, the factors which
affect the size and growth of public expenditure, an understanding of the institutions which
implement expenditure policies and the project evaluation techniques which can be used by
public bodies.
Explain the meaning, objectives, classification and canons of public expenditures; examine
factors affecting size and growth of public expenditure; Describe theories of public
expenditure (Wagner’s laws of increasing state activities and Wiseman-Peacock Hypothesis)
1. Administratively
This classification is based on the terms of who is responsible for the expenditure and by
implication the activities that drive it.
Local Primary education, local health service, Total amount incurred by local
government Agriculture extension and livestock government for providing the
development, water supply and local road various services (discussed in the
maintenance. adjacent column)
Total amount Total amount
The above classification will split the entire expenditure of an economy into central government
expenditure and local government expenditure.
Public Expenditure: 87
2. Functionally
This classification is based on the terms of what the spending has been upon. Therefore the total
public expenditure of an economy is split up based on the nature of services provided i.e. the
total expenditure is split into defence expenditure, national highways expenditure, total local
health services incurred by various local governments, total local road maintenance
expenditure incurred by the various local governments of the economy, and so on.
3. Economically
This classification is based on the terms of its purpose such as infrastructure, social,
health or other policy purpose. Therefore the total expenditure of the economy will be split up
in this way.
(a) Recurrent expenditure is expenditure incurred for the day to day operations
of the government like salaries and wages of employees and other overheads,
healthcare services, education etc.
(b) Development expenditure is expenditure incurred towards improving
infrastructure like roads, bridges, supply of electricity and water etc.
Other classifications
4. Classification based on necessity
This classification was advocated by Professor Mill. He classified public expenditure as
necessary and optional, and advocated that the state may undertake ‘optional’ expenditure.
(a) Fixed expenditure is that portion of public expenditure which is fixed and has
no relationship to the quantum of usage of services. For example, defence
expenses, amounts incurred on street lighting etc. Major portion of the expense
incurred is fixed in nature; however, it does have an element of variability in it.
(b) Variable expenditure is that portion of public expenditure which is variable i.e. the
amount incurred has a direct relationship with the quantum of usage of services. For
example amounts incurred for postal service, railway services etc.
(b) Useful expenditure is expense which can be postponed for some time (like
construction of an additional bridge over a river).
88 Public Finance and National Income
(c) Recurrent expenditure is expenditure incurred for the day to day operations
of the government like salaries and wages of employees and other overheads,
healthcare services, education etc.
(d) Development expenditure is expenditure incurred towards improving
infrastructure like roads, bridges, supply of electricity and water etc.
This expenditure is further divided into Ministerial and Regional and Local
government expenditure.
(a) Ministerial and regional expenditure is the expenditure for which the responsibility is
on the Ministers of Central Government.
(b) Local government expenditure is incurred by the local authorities like
municipalities for the local jurisdiction.
i. Maximum social benefit: it is necessary that all public expenditure be utilised for the
general welfare of the society at large, and not for the benefit of a particular section of
the society.
ii. Economy: public expenditure has to ensure economy, i.e. all wasteful and unprofitable
expenditure has to be avoided. It should be ensured that the tax-payer is not burdened
to the extent that his savings are affected.
iii. Approved expenditure: it is necessary to ensure that public expenditure is approved
by a competent authority and that funds are used for the purpose for which they were
approved.
iv. Flexibility: it is necessary that an element of flexibility exists so that expenditure can be
varied according to needs and circumstances.
(d) Subsidies
Government of Tanzania has been providing subsidies on number of items such as food,
fertilizers, education. Because of massive amount of subsidies, the government
expenditure has increased over the years. In order to reduce unproductive expenditure,
Central Government must make attempts to reduce subsidies.
(e) Administration
The Central Government expenditure on administration has increased due to growth in
population and economic development.
(f) Rise in National income
The national income of the country has shown an increasing growth rate over the last 10
years. The increase in national income resulted in more revenue to the government by
way of tax revenue and other income, which in turn enabled the government to increase its
expenditure.
(g) Urbanization
Urbanization has led to increasing expenditure on civil administration. Government
expenditure on courts, police, transport, railways, schools and colleges, public health
measures, water and electricity supply, public parks, libraries have increased due to
growth of towns and cities.
(h) Rural Development
In developing countries, government has to undertake community development projects
and other social measures to promote rural development. Such measures cause a rise in
public expenditure.
(i) Increase in Inflation
Rise in prices have caused an increase in public expenditure. The cost of supplying public
goods and services has increased. Rising prices have also necessitated the payment of
higher salaries and allowances.
(j) Democratic Government
A democratic government has to incur increasing expenditure on elections, legislatures,
ministries, international conferences, embassies abroad. Public expenditure also
increases when a country becomes a member of international organizations like UN,
WHO, AU.
(k) Social Security Measures
For the welfare of the people government provides social security measures which
increase its expenditure. It provides measures such as sickness benefits, old – age
pensions, free education, medical facilities, public work and relief programmes.
(l) Growth of Transport and Communication
The government has to incur huge expenditure on construction of railways, roadways,
national highways, and bridges so as promote mobility and economic development. Thus
with growth of transport and communication public expenditure have increased.
90 Public Finance and National Income
(i) Strategic significance: Public expenditure needs to be spent in accordance with key
strategic government objectives such as the MKUKUTA strategic interventions. Is the
sector already prioritized in the national strategy? Does it contribute to the country’s
profile? Does the sector have central strategic significance as an enabler for other
sectors? If it has these significances, it needs to be a priority sector for government
spending.
(ii) Economic growth: Public expenditures need to be assigned towards sectors that
account for a significant proportion of the country’s GDP. If the sector has a quick
growth and is such that in the future will contribute largely to the national income, it
deserves to be a priority sector.
(iii) Extent of employment: The government priority in spending shall also consider the
sectors which provide significant employment opportunities. Thus, if the sector
employs a large number of workforces it needs attention and is thus a priority sector.
If employment is likely to grow significantly it potentially propels income growth and so
deserves to be a priority sector.
(iv) Productivity: Another criterion that needs consideration when assigning public expenditure is
the sector productivity level or the potential for the sector to become a high
productivity area.
(v) Enterprise, innovation, and investment: If a sector provides potential for new
startup, it is innovative, it use new technologies, includes a significant number of
companies that trade in new international markets, and attracts substantial inward
investment; it deserves to be a priority growth sector.
(a) Par
lia
me
nt
In a parliamentary democracy, leaders, parties and candidates for key presidential positions,
cabinet membership, parliamentary seats or local government positions have to present
plans in the form of papers, presentations, and arguments in debate and in published
manifestos. Once elected, these leaders, cabinet ministries, etc. and later
communications provide a mandate for the government in power to operate including
many aspects that impact on public spending. The democratically elected government has
to work within parliamentary democracy in putting forward proposals, papers and
ultimately legislation that is worked upon subject to amendment and then voted for to become
law. Once again, this will drive many public spending decisions. Parliament is often described
as the legislature since that is its purpose and function. Parliament may sometimes delegate
matters to parliamentary or cross parliamentary committees who will then propose
legislation and amendments to parliamentary votes. Government and the cabinet has
power, but power within a framework of supervision and approval by the legislature or
parliament to whom they are accountable.
(b) Exec
utive
s
Whilst governments and parliamentarians may come and go with democratic elections, a
permanent executive exists below them as a structure of largely full-time paid management
and staff. Employees do come and go but their offices and positions are more permanent
institutional structural mechanisms and process elements. Sometimes some are referred to
as the civil service.
Civil servants and public sector staff work in a range of different entities with different
functions and purposes:
Example
Sometimes called MDAs they are the ministries, departments and agencies of central and
local government.
Ministries
Funds
Independent departments
Authorities
Agencies
Boards
Councils
Commissions
Local
governme
nt etc.
Embassies
Hospitals
Education
Public Expenditure: 93
The
judiciary and
its courts
Ministries are particularly important in providing policy advice and support to government
through working on proposals given to them and putting proposals forward that support
government policy. All MDAs and state bodies have budgets with a variety of funding and
revenue streams and expenditure plans.
Government can influence, control and use these budgets for policy purposes. However the
bodies may have statutory obligations to fulfil such as defence, policing, law, social or
educational provision etc. and have to provide these by law.
(c) Audit
To support accountability, most of these bodies are subject to independent audit by the state
audit function or National Audit Office of Tanzania. Their audit work is of systems and operations
in terms of compliance, efficiency, economy and effectiveness in process and procedure.
Heads of government bodies are also accountable for their spending to the office (CAG) of
the Controller and
Auditor General who then focuses on four key issues:
Audit plays a key part in ensuring spending is properly authorised and reflects decisions made
through budgets laws and regulations as well as statutory obligations.
It is necessary to ensure proper control over total expenditure and minimise the cost of
budget management.
Productive efficiency and efficient allocation of resources also helps in public
expenditure management.
Disclosure of all relevant public revenue and expenditure information is important for
accountability of government and to reduce corruption.
Public participation in the budget process for a pre-defined part will also help in better
accountability and transparency.
Priority areas need to be identified at the time of budget preparation itself so that funds
are not spent excessively on non- priority areas. It is also necessary that proper classification is
made between implementing agency (administrative function), purpose of expenditure
(functional classification) and use of expenditure (economic classification).
Factors that are important in budget execution are whether the targets are likely to be met and
whether the expenditure is likely to exceed budgets. It is important that the monitoring process is
such that expenditure incurred will be within the budgeted amount and appropriate measures, if
required, are taken to control expenditure.
It can take into account the past experience and future projections while preparing the cash flow
forecast. If a shortfall of cash is expected in a particular month, the government can either
postpone the expenditure or make arrangement for collecting additional revenue. The monthly
projected cash flow should be updated with actual figures on a regular basis so that it helps
in achieving budgeted targets. Quick updating of information is possible only with a well-
established reporting system.
(vii) Accounting
The accounting categories and classification for budgeting as well as actual accounting should
be common at the Central Government level so that accurate analysis is feasible. Accounting
needs to be done on a timely basis and should be reliable. Appropriate processes for analysis of
the accounts should be established.
(viii) Audit
An independent authority should be responsible for undertaking the audit of the entire
process of public expenditure management.
Many of the theories use a form of financial cost benefit analysis where social and economic
benefits and costs are compared in financial terms assuming that social costs and benefits can
be measured in that way.
DiagramDiagram
3: Variable budgetsbudgets
3: Variable / marginal
/ marginal
The diagram
The diagram
above shows
abovetwo
shows
potential
two potential
candidatecandidate
projects projects
for government
for government
expenditure.
expenditure.
For For
eachthe
each project project the marginal
marginal benefits benefits areagainst
are plotted plotted expenditure
against expenditure
incurred.incurred.
Theare
The curves curves areon
based based onthat
a view a view
the that the marginal
marginal or extra or extraof
benefit benefit of each spent
each Shilling Shilling spent falls.
falls.
On this On
basisthisa basis
state a state
that that to
wished wished to maximise
maximise the net the net of
benefit benefit of its spending
its spending availableavailable
will will
allocate allocate
outlays so outlays
as to so as tothe
equate equate the marginal
marginal benefits benefits of the candidate
of the candidate projects projects for spending.
for spending.
The objective
The objective of the
of the state state
is to is to maximise
maximise net benefits.
net benefits.
(i) (i)
DivisibleDivisible
projectsprojects
DivisibleDivisible
projects projects
are those are thosethe
where where the government
government can spendcanany
spend any amount
amount of money of money
to the
to finance finance the project.
project. The amount The amount of the spending
of the spending could becould be anything
anything from one from one
ShillingsShillings to a and
to a billion billiononeandShillings.
one Shillings. With divisible
With divisible projects projects the marginal
the marginal
theory
theory can can beapplied
be easily easily applied
since any since any amount
amount can be allocated
can be allocated to a such
to a project project such
that expenditures
that expenditures can be can be allocated
allocated in proportion
in proportion to the marginal
to the marginal benefits benefits
of the of the
projects.projects. A proposal
A proposal to spendtohoursspendofhours
caringofsupport
caring support in hospital
in hospital wardsbecould be
wards could
seen as seen as examples
examples of relatively
of relatively divisible divisible
projects.projects.
Example
Following is the information relating to three projects which are being evaluated by a local
government.
Using the above information, evaluate the project expenditure and choose the most efficient
projects if the local government follows:
(a) Fixed budget
(b) Variable budget (c) Divisible projects (d) Lumpy projects
Answer
Divisible projects
In theory we need to add private sector projects into the analysis so that the marginal benefits of
all projects are considered.
Lumpy projects
Again in theory we need to add private sector projects into the mix.
Example
MKUKTA has at its heart the fundamental objectives of economic growth and poverty
reduction. The Tanzanian government has to carefully balance capital spending on
infrastructure and current spending on purchases, wages and salaries and services. Whilst
current spending provides instant social support it does not build infrastructure such
as transport, communications and energy that may be essential in supporting longer-term
economic growth. Current spending may however include vital maintenance work on existing
infrastructure to maintain its effectiveness thereby supporting economic growth.
(iii) Supporting a scale of public sector activity that involves maintenance and
expansion of spending on goods and services or wages and salaries, which in turn
will maintain or enhance public sector service provision.
Example
Many areas of public service provision such as social support, health and education are not
easily reversible. In the context of Tanzania, poverty reduction is a major spending objective
and such expenditure is a long term commitment that may require incremental expansion.
Education
Health
Water
Roads
Agriculture
Energy
(viii) Being burdened by past government deficits that have driven up borrowing and
borrowing costs and payments for interest and repayments of capital
(a) Finding sufficient sources of funding as revenue to support current levels of capital and
revenue spending
(d) Making decisions in a challenging environment where election and re-election are
important
(e) Making compromises with political alliances, and coalitions being important to maintain
(f) Dealing with sometimes powerful stakeholder groups such as public sector workers who
may resist change and act in self-interest to expand the sector and sector remuneration
(g) The fundamental problem of only being able to make relatively marginal or incremental
changes in public spending
Self-Examination Questions
Question 1
‘In Tanzania, discretion on government spending is limited’.
Required:
Justify the above statement.
Question 2
The Tanzanian government has a fixed budget of Tshs3.6 million to invest in seven different
infrastructure facilities. The cost of each project is represented by its required investment
amount. The benefit assessment gives the total benefit for each project. Refer to the table below
for details:
Question 3
Describe the role of budgeting as a public sector expenditure management tool.
Question 4
Increase in public expenditure is not a new phenomenon. Factors contributing to the tendency of
increasing public expenditure are explained in economics by two prominent theories.
Required
State the two theories, and briefly explain what is propounded in each theory.
Question 5
Since its independence Tanzania had experienced an increasing trend of its public expenditure
without corresponding increases of public revenues leading to a high public debt. Discuss the
factors which have led to this trend overtime.
Question 6
How would you consider the applicability of the Wagner’s law of increasing public expenditure in
today’s modernized world?
Question 7
Public expenditure management is a key policy instrument for influencing on how public resource
are allocated and used towards realizing public policy goals, namely: growth, stability and equity,
and poverty reduction. Tanzania Public Expenditure Management (PEM) system had been
assessed by various institutions worldwide including IMF and the World Bank and found to have
multiple failures and few areas that need improvement.
Required:
Describe ways on how Tanzania public expenditure management systems can be improved.
Question 8
Under the current regime in power, Tanzania has witnessed major government efforts to reduce
government expenditure by employing some measures including banning public servant foreign
travels, postponing of public holiday celebrations and the like and at the same time strengthening
public spending in education, health sector and road construction. However, under public
expenditure policy there are predetermined principles of public expenditure;
Required:
Explain main principles of public expenditure.
Question 9
Identify tools that can be used by a government to achieve efficient public expenditure
management.
Answer to SEQ 1
Supporting a scale of public sector activity that involves maintenance and expansion of
spending on goods and services or wages and salaries, which in turn will maintain or enhance
Public Expenditure: 101
public sector service provision. In the context of Tanzania poverty reduction is a major
spending objective and such expenditure is a long term commitment that may require
incremental expansion.
Funding subsidies that may be almost committed to incur public spending on the provision
of goods and services at a reasonable price.
Incurring expenditure in the area of agriculture, transport, water , energy, social security
expenditure like health of children and aged
Answer to SEQ 2
In dealing with the case above, one can consider those infrastructure projects
which will have a higher ranking in terms of benefits to cost analysis and also will
fit into the fixed budget. Refer to the table below to perform the ranking.
Based on the rankings determined in the last column of the table, Projects
A, G, F and B should be chosen. The total present value of investment cost in
these 4 projects is Tshs1.8 million and the present value of benefits is Tshs1.8
million.
Answer to SEQ 3
It is necessary to ensure proper control over total expenditure and minimise the cost of
budget management.
Productive efficiency and efficient allocation of resources also helps in public
expenditure management.
Disclosure of all relevant public revenue and expenditure information is important for
accountability of government and to reduce corruption.
Public participation in the budget process for a pre-defined part will also help in better
accountability and transparency.
Priority areas need to be identified at the time of budget preparation itself so that funds
are not spent excessively on non- priority areas. It is also necessary that proper classification is
made between implementing agency (administrative function), purpose of expenditure
(functional classification) and use of expenditure (economic classification).
2. Budget Execution
Once the budget is approved at the Central Government level, the responsibility of execution
generally lies with the ministries and other appointed agencies. The ministries should
ensure that they adhere to the spending limits laid down by the Central Government and
regularly report to the government.
Monitoring is generally done at the central level on an aggregate basis and appropriate
responsibility should be placed for the monitoring. It is necessary for the Ministry of Finance to
ensure that it obtains reliable data on expenditure from the executing agencies at regular
intervals and analyse it effectively. This will help in overall control of expenditure. Factors that
are important in budget execution are whether the targets are likely to be met and whether
the expenditure is likely to exceed budgets. It is important that the monitoring process is such
that expenditure incurred will be within the budgeted amount and appropriate measures, if
required, are taken to control expenditure.
Answer to SEQ 4
Two theories (or laws) which explain the tendency of increasing public expenditure:
(i)Wagner’s laws of increasing state activities
According to this theory, there are inherent tendencies for the activities of different
layers of a government such as central and local governments to increase both
intensively and extensively.
There is functional relationship between growth of an economy and government
activities.
The following reasons support inherent long-term tendency of increasing public
expenditure
- Expansion in the traditional functions of the government
- Growing population
- The size and nature of public services
- The need to provide an expand public goods
- Price tendency (of going up)
- Etc.
Public Expenditure: 103
Wiseman-Peacock Hypothesis
According to this hypothesis, public expenditure does not increase in a smooth and
continuous manner, but in jerks or steplike fashion.
That is, at times, social or other disturbances take place, creating a need for increased
public expenditure which the existing public revenue cannot meet.
Answer to SEQ 5
Candidates are expected to give the following or similar points:
Inflation: which reduces current purchasing power
Public debt: which requires continuous servicing
Tax revenue: whose increase tends to increase government spending
Population growth or other demographic variables: which have a bearing on the
demand for government services
Economic growth: which tends to influence the demand for government services
Foreign aid
Trade openness
Geographical distributions by political bonded (The list is not exhaustive)
Answer to SEQ 6
Wagner, in his law of rising public expenditures’, hypothesized that with the
development of industrial societies there would be an inevitable and increasing
public pressure and political ‘pressure for social progress’ and an increasing
demand for ‘social considerations’ in business conduct.
Evidence in the late nineteenth and twentieth century supports this view as many
economies were on the developing stage.
However in the current century this statement does not hold good for developed
economies as fiscal restraint is used to tackle with high government borrowings
and also fiscal flexibility is used when economies inevitably turn down at times.
Answer to SEQ 7
Answer to SEQ 8
Answer to SEQ 9
Tools that can be used by the government to achieve efficient public expenditure
management
Accuracy in budget preparation
Budget execution
Cash planning
Well-defined expenditure policies
Information on public revenue
Public expenditure tracking
Accounting
Audit
ECTION A
What do you do when you receive your pocket money? Do you spend the entire amount on the same
day? No, you understand that the money that you have received today is to finance your needs for the
entire month. So you make a plan of how you are going to spend the money. You ascertain how much
money you need to keep aside for necessary expenses like purchasing books, travelling cost,
canteen bills etc. You also decide how much you can afford to spend on entertainment like discos
and movies. Sometimes, you want to save some amount from your pocket money each month so that
after a few months, you can buy an expensive bike for yourself.
This process is budget. Budgeting is the process of creating a plan to spend your money. This plan
helps you to determine in advance whether you will have enough money to do the things you need to
do or would like to do. If the money that you have is not sufficient to do everything you would like to do,
then you need to prioritise and spend your money on the things that are most important to you.
This is the process every individual, every family, every organisation and even every country needs to
do - balancing the expenses with the income. This process is important because if you spend more
than what you get, you will slowly sink deeper into debt.
In this chapter, we will learn about government budget – the meaning of government budget, the
various types of budget, how the money collected from the public is allocated to different expenses
according to different priorities etc.
a) Explain the meaning of government budget and describe the various types of a national budget
b) Discuss the approaches for financing of government budget deficit
c) Explain the bases of government budget
d) Explain objectives and functions of a national budget
e) Describe government budgeting process in Tanzania
f) Explain techniques used in preparing national budgets
106 Public Finance and National Income
Explain the meaning of government budget and describe the various types of a national
budget; discuss the approaches for financing of government budget deficit; explain the
bases of government budget.
[Learning Outcome a, b, c]
1. Meaning of Government Budget and Describe the Various Types of a National Budget
1.1 Meaning
Government budget, in simple terms, means the economic document which contains the
forecast by a government of its expenditures and revenues for a specific period of time. A budget
usually covers a period of one year, known as a financial or fiscal year, which may or may not
correspond with the calendar year.
1. Balanced budget
When the total revenue that a government collects in a year is equal to the amount it plans to
spend on providing public goods and services and debt interest, it is called a balanced budget. The
traditional economists advocated the principle of the balanced budget. Like an individual or a family, the
government is also expected to be prudent and not spend more than its income/revenue.
However, modern economists have a different view. It is argued that a government budget is different
from a private budget both in terms of its objectives and designs. The aim of a government budget is to
maximise the social gain and this objective may not be achieved with a balanced budget.
Also, a balanced budget does not necessarily guarantee the non-existence of uneconomical
/unnecessary expenditure.
For instance, if an on-going project is stopped midway because of the fact that the expenditure expected
in the year on the project is more than what was budgeted for that year, this will result in delaying the
overall completion of the project which will increase the cost of the project. This is detrimental to the
economic development of a country.
2. Deficit
budget
A budget deficit is a situation when the expenditure is more than the revenues of the government. Thus,
there is a shortfall of funds to finance the expenses, which needs to be made good by borrowing.
(a) It is likely to result in increasing the money supply which may further result in creating inflationary
pressure in the economy. This causes a fall in the value of money and creates social and
economic disturbance in the country.
(b) There is a threat of increased expenditure by the government when the ideology of deficit
budget is accepted in the country.
However, some economists support the deficit budget policy on the ground that increased government
Government Budget: 107
expenditure helps in creating accelerated income flow in the economy which boosts the demand for the
goods and services of the household sector. This leads to a healthier economy
3. Surplus budget
The opposite of deficit budget is surplus budget. When the revenue generated by the Government is
more than the public expenditure, it is a situation of surplus budget. In simple words, budget surplus
is the saving of the Government. Some economists praise the surplus budget as a surplus is
considered a sign that the government is being run efficiently. A surplus budget enables the
government to use the funds to pay off the national debt or to make improvements in the public
services such as creating more employment opportunities, construction of roads, good education,
affordable healthcare facilities etc.
The same philosophy applies to the government, when its budget runs into deficit. Deficit
budget is not uncommon; most governments can run moderate deficits for years. However, there
are consequences of budget deficit even for the government, although the consequences aren't
immediate. Therefore, sooner or later, the government needs to find out ways to finance the budget
deficit.
Financing a deficit through borrowing from the country’s central bank: This form of borrowing
from the central bank basically means that the government prints money to finance the deficit.
Financing a deficit through borrowing from the other sectors of the economy such as household
sector, business sector and financial sector by selling government securities such as treasury bonds.
Financing a deficit by increasing the tax rates. Higher tax rates would earn higher revenue
for the government.
Financing a deficit through borrowing from international financial markets or World
Bank.
Financing a deficit by selling government assets. However, this form of financing is not sustainable
and can only be used on a ‘one off’ basis.
In Tanzania, the following legal provisions act as guidelines for preparing the national budget:
108 Public Finance and National Income
i) The Constitution of the United Republic of Tanzania of 1977 (as amended from time to
time): this includes the provisions relating to the finances of the United Republic of Tanzania
(URT). This indicates as to who has the mandate of preparing the national budget and submitting
the same to the Parliament, permissible categories of revenue receipts, points of authorisation of
payments, etc.
ii) The Public Finance Act of 2004: this outlines the legal framework within which the country’s
budget should be drawn up, including provisions relating to revenue, control of expenditures and
parties accountable for the budget.
iii) (The Annual Appropriation Act: this Act gives the required powers to the Finance Minister to
draw and allocate funds from the Consolidated Fund to various votes and also provides for the
ways in which funds can be reallocated between votes.
iv) The Annual Finance Act: this provides the required powers to the Finance Minister decide upon
collecting revenues from the public by means of taxation.
(b) Legislative basis
The role played by the Government in formulating rules and regulations which govern budget
preparation, authorisation, execution and control is what forms the legislative base. The National
Assembly which is responsible for overseeing the legislative aspects of budgeting in Tanzania
consists of:
(i) Parliamentary Standing Committee
(ii) Budget Committee
(iii) Finance, Economic and Industrial development Committee
(iv) local Authorities Accounts Committee (LAAC)
(v) Public Accounts Committee (PAC)
Functions of a Budget
(i) To redistribute incomes: Through a budget the government can redistribute incomes by
increasing expenditures in social services and providing subsidies to the small scale businesses.
(ii) To correct a deficit in the balance of payments: Through the budget the government can
discourage imports and correct a deficit in the balance of payment by increasing import duty.
(iii) To control inflation: Through the budget the government can control demand pull inflation by
increasing direct tax to reduce the purchasing power of the people.
(iv) To stimulate employment: The government can stimulate more employment through the budget
by increasing expenditures on economic and social services and providing subsidies to sectors
which increase the level of employment such as agriculture, also by reducing tax on inputs in order
to encourage investments and therefore create jobs.
(v) Economic stabilization: A budget can be used as an instrument of stabilizing the economy, for
example during economic recession the government can reduce tax and increase expenditures to
stimulate consumption and a create employment.
A budget process refers to the process by which governments create and approve a budget.
The budget process comprises stages which feed into one another in a circular process. We can
think of four main phases:
Disadvantages
The budget is concerned more with conforming to legal requirements rather than looking at proper
planning and development.
It stresses on the importance to spend exactly the amount budgeted for a type of expenditure,
without being concerned about the achievement.
It encourages inefficient spending habits by public officers.
Expenditure items are not scrutinised because of the incrementalism.
Again, items of expenditure are often not easily taken out of the budget, so inefficient items at
times are still spent on.
(b) Performance Budgeting
This budget stresses on the functions, and projects which are undertaken in the budget as against the
traditional budget which stresses on inputs, or expenditure items like materials, wages and stationery.
The functions and projects refer to the output of the expenditure; hence the budget was known as
‘output budget’. For this system of budgeting, the attention is on the general character and relative
importance of the work to be done. Attention is centered on the function or activity, and on the
accomplishment of the purpose. Requirements are submitted for budget preparation through
programme classification, indicating the past activities of the organisation, their costs, the activities to
be undertaken during the next year, the results expected and the pattern of responsibilities
assignment.
112 Public Finance and National Income
Advantages
This budgeting system gives sufficient information since it includes a narrative description of each
project and the services provided by the organisation.
Inputs and outputs are both shown and measured.
This is a monitoring device since the result of each activity is noted and measured.
Emphasis is on the activities of the organisation, as well as on controlling costs.
Many times entities face difficulty regarding the classification of programmes and the provision of
cost data in respect of many activities.
The process of allocation of cost estimates over the activity or programme elements is challenging
Availability of suitable personnel for project costing and analysis is difficult another challenge faced
by the public sector.
Most public sector activities are not easily measurable in output terms. Therefore availability of
complete date makes the analysis less meaningful.
The technique dies not focus on long-term objectives of the government, just as the traditional
budget.
(c) The Zero-Based Budgeting (ZBB)
The budgeting technique stresses that every item of expenditure needs to be budgeted for, and should be
scrutinised and justified as to why such item should be funded in the budget. The technique expects that
organisations should even justify the reasons that they should continue to exist.
The budget by implication tries to discourage wasteful expenditure, and is aimed at ensuring that useless
projects are not undertaken in the government budget. Organisations and personnel are encouraged to do
better analysis of their activities of the past and to ensure that only the relevant ones are budgeted for.
This type of budgeting follows three main procedures:
(i) Various decision units are identified, which involve clearly defined and measurable objectives
of the organisation or units of the organisation and managers or leaders responsible for such
objectives. The effects or impacts of the objectives are also clearly noted.
(ii) Decision packages are developed or determined, which refer to the means of achieving the
decision units above, in the form of the services to be performed to achieve the decision units,
and the relevant costs or the finance for such services.
(iii) The decision packages are reviewed and then ranked in order of priority. Those decision
packages that can be applied very efficiently to the relevant decision units are then selected
by the authorities or managers responsible for the achievement of the objectives or
programmes. The arrangement of the packages in the order of priority can often be subjective.
Advantages
Items of expenditure are reviewed and justified before they are accepted.
It is a mark of financial discipline which is imposed on the organisation.
The process involves all the personnel in the units, departments or organisations, which is
commendable, since it enables every person to feel a part of decision making.
Government Budget: 113
Disadvantages
The main features of this budgeting technique are identified in the three main words in the concept:
(i) Planning
This involves the development of long range objectives and goals of the public sector
institutions. Such goals and objectives are at times prioritised for the purposes of their
achievement.
(ii) Programming
Programmes are developed to achieve the objectives or goals as identified under the planning
stage. Alternative programmes are identified here and compared.
(iii) Budgeting
This involves placing money values on the programmes, putting together the costing of the
programmes and the relevant benefits that would be derived from the programme.
Subsequently, a full system is developed and implemented from an integrated set of selected
efficient programmes. This is followed by constant monitoring and reviews.
Advantages
It stresses more on the future, since planning involves looking into the future.
It enables budget authorities to evaluate programmes to determine their efficiency and
effectiveness.
It encourages constant review of programmes.
The system prevents programmes that often overlap through departments; similar programmes
in different organisations are well coordinated.
Disadvantages
The long range planning process is often difficult since going deep into the future is very
subjective.
Planning cannot be done well since most of the goals or objectives in the public sector system
cannot be physically identified and measured easily.
The process requires a lot of time, money and personnel who can do good analysis, financially
and technically.
There is also the problem that most public sector outputs cannot be quantified and measured;
hence performance cannot be measured easily through such budgeting system
(e) Medium Term Expenditure Framework (MTEF)
MTEF is a practical tool or decision-making mechanism to integrate policy priorities into the annual
budget, in a multi-year perspective (3-5 years), for fiscal soundness and effective resource allocation
and for operational effectiveness and performance management. MTEF contains:
(i) a macro-economic framework setting out the three years, underlying assumptions and
evaluation and the analysis of macro-economic projection for the preceding three years.
(ii) fiscal strategy document setting out the following:
Government’s medium-term financial objectives
The Government policies for medium term relating to taxation, recurrent expenditure, borrowings,
lending and investments and other liabilities.
114 Public Finance and National Income
The strategies and the economic, social and development priorities of the Government for the next
three years.
An explanation of the financed objectives, strategies, and economic, social and development
priorities as well as fiscal measures.
(iii) an expenditure and revenue framework which will set out:
estimates of aggregate revenue for the Government for each financial year based on pre-
determined tax revenue projections
aggregate expenditure for each of the next three years
minimum capital expenditure projection in the Government for the next three years
(iv) a consolidated debt statement indicating and describing the fiscal significance of the debt
liability and measures to reduce the liability.
The MTEF budget preparation involves the same process as the traditional budget in terms of effort and
time, however ceilings are given for 3years and the budget documentation only provides details for the
year that the budget is being presented.
(i) It is a system which has helped to solve the problem between what can be afforded by the
government, which is given from the top ( top down approach) and the needs of the organisation
which are presented from the bottom (bottom up approach).
(ii) It gives more and better information, which enhances transparency and accountability.
(iii) It is a decision-making framework for the consideration of different organisational (ministerial and
departmental) policies and agreements among them.
(iv) It enables authorities to predict with some certainty the possible funding support from international
organisations.
Government Budget: 115
Self-Examination
Self-Examination
Questions
Questions
Question
Question
1 1
What What
are the
are
various
the various
ways in
ways
which
in which
the government
the government
can use
cana use
budget
a budget
surplus?
surplus?
Question
Question
2 2
Explain
Explain
the risk
theinvolved
risk involved
in borrowing
in borrowing
moneymoney
from overseas
from overseas
to finance
to finance
a deficit
a deficit
budget.
budget.
Question
Question
3 3
Explain
Explain
how ahow
deficit
a deficit
budgetbudget
may result
may result
in increased
in increased
interest
interest
cost. cost.
Question
Question
4 4
In some
In some
cases,cases,
budgetbudget
makersmakers
preferprefer
to operate
to operate
at a atdeficit
a deficit
whereby
whereby
government
government
expenditure
expenditure
is is
deliberately
deliberately
plannedplanned
to exceed
to exceed
revenues.
revenues.
REQUIRED:
REQUIRED:
(i) (i) What What
are the
are
advantages
the advantages
of designing
of designing
a deficit
a deficit
budgetbudget
over the
over
balanced
the balanced
budgetbudget
approach?
approach?
Question
Question
5 5
Compare
Compare
and contrast
and contrast
the balanced,
the balanced,
deficit,deficit,
surplus surplus
budgets,
budgets,
and with
andreasons
with reasons
state which
state which
budgetbudget
policypolicy
could could
the Tanzanian
the Tanzanian
5th Phase
5th Phase
Government
Government
followfollow
to meet
to its
meetdevelopment
its development
goals.goals.
Question
Question
6 6
Identify
Identify
and discuss
and discuss
the role
theofrole
the of
major
the major
institutions
institutions
involved
involved
in the in
budgetary
the budgetary
process
process
in Tanzania.
in Tanzania.
Question
Question
7 7
DiscussDiscuss
any four
anymain
four factors
main factors
that need
that to
need
be taken
to be taken
into account
into account
to ensure
to ensure
an effective
an effective
and sound
and sound
country’s
country’s
budget.budget.
Question
Question
8 8
One of Onetheofchallenges
the challenges
facingfacing
developing
developing
countries
countries
including
including
Tanzania
Tanzania
is resting
is resting
on how on to
how
finance
to finance
their their
budgetbudget
deficits.
deficits.
This problem
This problemis further
is further
compounded
compounded
by thebyfact
thethat
factsome
that some
alternatives
alternatives
of financing
of financing
the the
deficitdeficit
budget budget
might might
negatively
negatively
impactimpact
on theon
country’s
the country’s
economy.economy.
Required:
Required:
CitingCiting
one disadvantage
one disadvantage in each in each
case, case,
explain
explain
any five
anymeasures
five measures
that athat
government
a government
could could
undertake
undertake
to to
financefinance
a budget
a budget
deficit.deficit.
Question
Question
9 9
Explain
Explain
the differences
the differences
between
between
‘’public
‘’public
debt’’debt’’
and ‘’government
and ‘’government
budget
budget
deficitdeficit
‘’ ‘’
Question
Question
10 10
Explain
Explain
how deficit
how deficit
spending
spending
could could
be a burden
be a burden
to future
to future
generations
generations
Question
Question
11 11
Since Since
the overall
the overall
level of
level
employment
of employment
and prices
and prices
depend
depend
on theonlevel
the of
level
total
of demand
total demand
relative
relative
to capacity
to capacity
output,
output,
stabilization
stabilization
budgetbudget
actionaction
is needed
is needed
to maintain
to maintain
stablestable
aggregate
aggregate
demand.demand.
Required:
Required:
Explain
Explain
how stabilization
how stabilization
budgetbudget
actions
actions
work during
work during
depression
depression
and inflation.
and inflation.
116 Public Finance and National Income
Question 12
Experiences show that most less developed countries face deficit budget for a number of decades and they
pursue their fiscal policy objectives by partly depending on developed economies.
Required:
Discuss the features of deficit budget using an example of any country of your choice.
Answer to SEQ 1
The government can use a budget surplus in various ways as
follows:
1. The government can use the surplus to repay the debts taken in previous years to finance previous
deficits. This will result in reducing the interest payments. Interest payments saved by the
government can then be used to fund other areas of future expenditure.
2. The surplus can be used to fund government expenditure on infrastructure and the purchase of
assets.
3. The surplus can also be used to fund tax cuts.
Answer to SEQ 2
Borrowing money from overseas is a common method of deficit financing. However, if the borrowed
money is not put to productive use, it will not generate sufficient returns. This, in turn, will result in
problems in servicing the debt. And it will ultimately show up in the form of an unstable currency. This will
make further borrowing difficult.
Answer to SEQ 3
A deficit budget situation occurs when a government’s spending exceeds its income. To bridge the
shortfall, the government needs to borrow funds. The increase in borrowing results in increased
interest cost. Thus, the higher the debt, the higher is the interest. This may weaken the economy as
government revenue is used to pay for finance costs rather than being used for productive purposes.
Answer to SEQ 4
Advantages, weaknesses and measures of/for deficit budget
(i) Advantages
- Help the economy in fighting a depression/may help economy in recovering from a
depression
- Can be used to raise the level of economic activities and income
- Since direct saving capacity of the people is limited, it is easier through deficit financing
for the purpose of financing the growth of public sector
(ii) Weaknesses of deficit budget over balanced budget
- Deficit budget is usually (must be) financed by borrowing money, hence,
- With appropriate qualifying conditions, even a balanced budget can raise the level of
economic activities and income, provided the size of the budget is increased (hence,
deficit budget is less/weakly justifiable)
Government Budget: 117
-
(iii) Measures to address government budget deficit
- Cutting spending
- Raising taxes
- Combination of the two (cutting government expenditure + raising taxes)
Answer to SEQ 5
Balanced budget
When the total revenue that a government collects in a year is equal to the amount it plans to spend on
providing public goods and services and debt interest, it is called a balanced budget. The traditional
economists advocated the principle of the balanced budget. Like an individual or a family, the government
is also expected to be prudent and not spend more than its income/Revenue.However, modern economists
have a different view. It is argued that a government budget is different from a private budget both in terms
of its objectives and designs. The aim of a government budget is to maximize the social gain and this
objective may not be achieved with a uneconomical/unnecessary expenditure. For instance, I an on-going
project is stopped midway because of the fact that the expenditure expected in the year on the project
which will increase the cost of the project. This is detrimental to the economic development of a country.
Deficit budget
A budget deficit is a situation when the expenditures more than the revenues of the government. Thus,
there is a shortfall of funds to finance the expenses, which needs to be made good by borrowing. Some
economists criticize the deficit budget on the following grounds.
(a) It is likely to result in increasing the money supply which may further result in creating
inflationary pressure in the economy. This causes a fall in the value of money and creates
social and economic disturbance in the country.
(b) There is a threat of increased expenditure by the government when the ideology of deficit
budget is accepted in the country. However, some economists supported deficit budget
policy on the ground that increased government expenditure helps in creating accelerated
income flow in the economy which boosts the demand for the good and services of the
household sector. This leads to a healthier economy.
Surplus budget
The opposite of deficit budget is surplus budget. When the revenue generated by the Government is more
than the public expenditure, it is a situation of surplus budget. In simple words, budget surplus is the saving
of the Government.
Some economists praise the surplus budget as a surplus is considered a sigh that the government
is being run efficiently. A surplus budget enables the government to use the funds to pay off the
national debt or to make improvements in the public services such as creating more employment
opportunities, construction of roads, good education, and affordable healthcare facilities etc. Given,
low tax compliance level the Government should continue using deficit budget policy otherwise,
many projects may not be accomplished.
Answer to SEQ 6
(b) Major Acts in the Tanzania Budgetary Process in public sectors
A number of individuals and public institutions are involved in the annual preparation and
implementation of the Tanzania budgetary process in public sectors. The following are the major
Actors in the Tanzania budgetary process.
and approval by the legislature. The Cabinet has the responsibility of defending the budget and
ensuring that it is passed by the legislature.
Ministry of Finance
The Ministry of Finance plays a central role in the budget process and justifies separate mention.
MOF makes projections, sets ceilings for budget allocations, negotiates priorities with all
departments, collects revenues, and disburses funds. The Ministry also plays an important
controlling function through the Accountant General, who is responsible for ensuring that all financial
transactions and reporting is done according to the proper regulations.
Budget Guidelines Committee
The Budget Guideline Committee includes representatives from MOFEA, Public Service
Management, and the Prime Minister’s Office – Regional Administration & Local Government (PMO-
RALG). This committee is responsible for developing the Planning & Budget Guideline.
Donors
Given the sizeable contribution of foreign aid to Tanzania’s budget, donors also have an impact on
the ways in which the budget is prepared and implemented. Donors (also called development
partners or DPs) participate in consultations that inform budget formulation, disburse funds, and
monitor public spending and expenditure systems.
Parliament
The main responsibilities of Parliament in relation to the budget process are: securitizing the budget
through various standing committees; adopting or rejecting the budget in Parliament, monitoring the
implementation of the budget and the performance of the MDAs; and overseeing the use of public
funds. Parliament can refuse to adopt the budget presented by the executive, the consequences of
this step are profound the President has the constitutional power to dissolve Parliament in response.
Private Sector
In addition to contributing the majority of domestic tax revenue, the private sector plays a consultative
role in the budget process. Most notably, the private sector participates actively in an annual
consultation on the revenue framework, which occurs before the budget is formulated each year.
Their concerns are often taken on board when designing or revising tax policies.
Civil Society
Civil society plays a number of different roles in thebudget process, through its formal role is limited to
a consultative one. The formal role of civil society has been participation in the Public Expenditure
Review (PER) and related processes. Informal roles include analyzing public budgets, producing
simplified and popular versions of the budget and related documents, playing a watchdog role,
tracking expenditure at the local level, and advocating for improvements in terms of specific requests
and overall transparency and accountability. Civil society’s informal roles are arguably more
effective, particularly when combined with strategic use of media and citizen engagement.
Answer to SEQ 7
Factors that need to be take into account to ensure a sound budget
(i) Completeness of coverage of all expected expenditure
(ii) Usage of realist and reasonable assumptions
Answer to SEQ 8
The various methods of financing a deficit budget are discussed as follows:
(i) Financing a deficit through borrowing from the country’s central bank:
This form of borrowing from the central bank basically means that the government prints
money to finance the deficit. The downward risk of this approach is outshot of inflation rate
in the economy.
(ii) Financing a deficit through borrowing from the other sectors of the economy such as
household sector, business sector and financial sector by selling government
securities such as treasury bonds:
This approach reduces many in circulation and may pose difficulties in trading activities in
the economy.
(iv) Financing a deficit through borrowing from international financial markets or World
Bank:
This is the mostly used source though for developing countries it reduces economic
independent of the country as result of complying with loan conditions.
Answer to SEQ 9
Differences between the public debt and the government budget deficit
Budget deficit is basically the excess of government’s total expenditure over total revenue. Total
expenditure can be of two types, capital expenditure and revenue expenditure. These are financed out
of revenue receipts and capital receipts.
Public debt, which is also sometimes referred to as government debt, is all of the money owed at any
given time by any branch of the government. It encompasses debt owed by the federal government,
the state government, and even the municipal and local government. Public debt accrues over time
when the government spends more money than it collects in taxation. As a government engages in
more deficit spending, the amount of debt increases.
Answer to SEQ 10
How budget deficit spending could be a burden to future generations.
Creating additional debt has two negative consequences aside from any intergenerational equity
concerns. First, increasing taxes to pay the interest adds to the scale of tax distortions in the economy.
Second, it seems likely that additional government debt will to some extent crowd out investment in
productive capital, and this is a cost if, as also seems likely, we currently have less than the optimum
amount of productive capital.
Answer to SEQ 11
During depression, aggregate demand is to be raised through expansionary revenue – expenditure
policy.
In a period of inflation, demand may exceed available output and thus restrictive policy is needed to
curtail total expenditure.
120 Public Finance and National Income
Answer to SEQ 12
A candidate is expected to discuss based on the following Features of Deficit Budget:
STUDY
STUDYGUIDE
GUIDEA6:
A6:PUBLIC
PUBLICBORROWING
BORROWING
AND
ANDDEBT
DEBT
TheThetermterm"public
"public
debt"debt"
is used
is used
interchangeably
interchangeably withwith
the the
termterm sovereign
sovereigndebt.
debt.
PublicPublic
debtdebtis theis the
accumulation
accumulation of annual
of annual
budgetbudgetdeficits.
deficits.
It's the
It's the
resultresult
of years
of years
of Government
of Government spending
spendingmoremore
thanthan
theythey
taketake
in via
in via
tax tax
revenues.
revenues. PublicPublic
debtdebtincludes
includes Treasury
Treasury
bills,bills,
notes,notes,
and and
bonds,
bonds,
which which
are are
typically
typically
bought
bought
by large
by large
investors.
investors.
In theIn the
shortshort
run,run,
publicpublic
debtdebt
is a isgood
a goodwayway
for countries
for countries
to getto get
extra
extra
fundsfundsto to
invest
invest
in their
in their
economic
economic growth.
growth.Public
Public
debtdebt is a issafe
a safe
waywayfor foreigners
for foreigners
to invest
to invest
in a incountry's
a country's
growthgrowth
by buying
by buyinggovernment
government bonds.bonds.
In this
In this
chapter,
chapter,
we wewill will
learn learn
about
about
public public
debtdebt – the
– the
meaning,
meaning, the the
various
various
classification
classification of public
of public
debt,
debt,
the causes
the causesand and
repayment
repayment measures
measures of public
of public
debt.
debt.
a) a)
Explain
Explain
the meaning
the meaning
and and
classification
classification
of public
of public
debtsdebts
b) b)
Discuss
Discuss
the causes,
the causes,
consequences
consequences and and
repayment
repayment
of public
of public
debts
debts
c) c)
Explain
Explain
the measures
the measures
that that
can can
be used
be used
to reduce
to reduce
the burden
the burden
of debts
of debts
in Less
in Less
Developed
Developed
Countries
Countries
Explain
Explain
the the
meaning
meaning
andand
classification
classification
of public
of public
debts;
debts;
discuss
discuss
the the
causes,
causes,
consequences
consequencesandand
repayment
repaymentof public
of public
debts;
debts;
explain
explain
the the
measures
measuresthatthat
cancan
be used
be used
to reduce
to reduce
the the
burden
burden
of of
debts
debts
in Less
in Less
Developed
Developed
Countries
Countries
[Learning
[Learning
outcome
outcome
a, b,a,and
b, and
c] c]
122 Public Finance and National Income
v) A public debt encourages over dependence on external sources, and yet this cannot promote the
spirit of self-reliance
vi) The debt incurred (in form of tied aid) is always accompanied with strings (conditions) attached
which often conflict with the development programmes of the recipient country.
3. Measures That Can Be Used To Reduce The Burden Of Debts In Less Developed
Countries
Apart from debt management policies, certain measures can be used to reduce the debt burden in
developing nations
i) Self-reliance: LDC’s can reduce dependency on foreign debts by boosting domestic production to
have a self-reliance economy hence reduce foreign dependency.
ii) Import control measures: The government can apply import control measures such as tariffs to
reduce spending on imports which is one of the reasons for increase in foreign debt.
iii) Reduction in government expenditures: The government can reduce expenditures on non-priorities
to avoid borrowing of money.
iv) Strengthening of tax collection: The government should increase efforts in tax collection to get
enough revenue to finance its expenditures instead of depending on foreign aid.
124 Public Finance and National Income
Self-Examination Questions
Question 1
Government borrowing and debt levels have always been central to fiscal policy but they have rarely been
so high profile in both policy discussion and media coverage concerning the economy as they are at
present. Given current and projected economic circumstances, this seems likely to remain the case for the
foreseeable future.
Required
a) Define the term Public Sector Net Debt.
b) Distinguish between government borrowing and government debt
c) Discuss how traditional Keynesian theory expected government borrowing to behave over the
life of an economic cycle.
Question 2
Public debt enables governments to invest in critical areas of the economy where the capacity of tax
revenue to undertake these projects may be limited or in situations where printing additional money will
disrupt the stability of the economy. It permits an equitable alignment of benefits and costs for long-
gestation projects by shifting taxation away from current generations.
Required:
i) What is public debt?
ii) Critically examine Public debt as an alternative to Taxation and its effect on the economy.
Question 3
The current level of government borrowing has become a topical issue for discussion causing observers to
wonder whether borrowing is good or bad.
Required
Evaluate the effect of government borrowing on the economy of Tanzania.
Question 4
Explain the differences between the ‘public debt’ and government budget deficit.
Question 5
Briefly describe recommended approaches in retiring a public debt.
Question 6
With public sector debt increasing around the world, an important issue to consider is how much can a
country borrow.
Required:
Discuss four factors which determine the borrowing level of a country
Question 7
It is evident that most of Less Developed Countries (LDC) are facing persistent increase in public debts
from their counterpart developed countries. However, there is a contention that it is not whether these
countries are indebted or not rather it is how these debts were utilized by the recipient countries.
Required:
By your own views, discuss this contention.
Public Borrowing and Debt: 125
Answer to SEQ 1
(a) Public Sector Net Debt is the total consolidated debt of all branches of government minus the amount of
short-term liquid assets held by the public sector.
(b) Borrowing represents a flow of funds from a borrower to a lender. The government borrows, e.g. from
financial institutions, to make up shortfalls between its current revenue and current expenditure. Debt
is a stock of liabilities generated by past borrowing which have yet to be repaid. Government borrowing
in a given period of time will add to its stock of debt.
(c) ‘Keynesian’ theory refers to the economic theory propounded by John Maynard Keynes, which informed
much UK economic policy from 1945 to the 1970. The economic cycle consists of cyclical variations
over time in real gross domestic product. Economies experience periods of expansion and contraction
in an economic cycle typically lasting several years, although historically on a long term upward trend.
Keynes believed that governments should deliberately unbalance their budgets across the economic
cycle i.e. in pursuit of an acceptable combination of the following policy objectives:
full employment
price stability
economic growth
balance of payments health
Much of the above occurred automatically i.e. In economic downturns reduced incomes led to lower
tax revenues and increased government expenditure on e.g. social security benefit payments,
meaning that the government needed to borrow to make up the shortfall.
The opposite typically occurred in economic upswings as buoyant income increased tax revenues
and prosperity e.g. reduced the eligibility for social security payments. In such periods Keynes
expected government finances to be in surplus.
Keynes also advocated discretionary policy measures to reinforce such automatic effects across the
cycle. For example, tax rates might be reduced in downswings to stimulate economic activity and
increased in upswings to help dampen down inflationary pressures.
The theoretical outcome of all this was that government budget deficits in the downturns and
surpluses in the upturns would match each other and thus the government budget would broadly
balance across the cycle.
Answer to SEQ 2
(i) Public debt is defined as how much a country owes to lenders outside of itself. These can include
individuals, businesses, and even other governments. The term "public debt" is used
interchangeably with the term sovereign debt. Public debt is the accumulation of annual budget
deficits. It's the result of years of Government spending more than they take in via tax revenues.
Public debt includes Treasury bills, notes, and bonds, which are typically bought by large
investors. In the short run, public debt is a good way for countries to get extra funds to invest in
their economic growth. Public debt is a safe way for foreigners to invest in a country's growth by
buying government bonds.
(ii) Public debt as an alternative to Taxation and its effect on the economy.
When Public Debt is used as an Alternative to Taxation
Public borrowing has an important advantage over taxation. Taxation beyond a certain limit
tends to affect economic activity adversely owing to its disincentive effect. There is no such
danger in public borrowing. It does not have any unfavorable repercussions on economic
activity by being disincentive, partly because of its voluntary nature and partly because of
expectation of return and repayment.
126 Public Finance and National Income
Public debts enable governments to facilitate growth take-offs by investing in a critical mass of
infrastructural projects and social sectors of the economy where taxation capacity may be
limited. Public Debt for financing fruitful investment produces supplementary, creative capability
in the financial system which or else would not have been achievable.
Public Debt also facilitates tax smoothing and counter-cyclical fiscal policies, essential for
reducing output volatility; and it permits an equitable alignment of benefits and costs for long-
gestation projects by shifting taxation away from current generations.
Public debt is a safe way for foreigners to invest in a country's growth by buying government
bonds. This is much safer than foreign direct investment. That's when foreigners purchase a
percentage interest in the country's companies, businesses or real estate. It's also less risky
than investing in the country's public companies via its stock market. Public debt is attractive to
risk-averse investors since it is backed by the government itself.
When used correctly, public debt improves the standard of living in a country whilst Taxation
increase the cost of living of citizens. That's because it allows the government to build new
roads and bridges, improve education and job training, and provide pensions. This spurs
citizens to spend more now, instead of saving for retirement, further boosting economic growth.
Large public debt implies high interest payments and these are borne by tax payers. Governments
have virtually no means of repaying debt other than through future taxation. While there is a
multiplier effect to government spending, high levels of government debt essentially saddle future
generations with the deadweight loss of higher taxation with no offsetting multiplier to the GDP from
government spending.
Government borrowing increases the total demand for credit in the economy, driving up the cost of
borrowing in the process. Higher borrowing costs make it more expensive to finance investment in
equipment, stock and other capital goods in the private sector. This increases the cost of doing
business in the private sector.
Currency collapse or currency depreciation when monies are printed to finance public debts.
Answer to SEQ 3
Effects of Public Debt
Answer to SEQ 4
Differences between the public debt and the government budget deficit.
Budget deficit is basically the excess of government’s total expenditure over total revenue. Total
expenditure can be of two types, capital expenditure and revenue expenditure. These are financed out
of revenue receipts and capital receipts.
Public debt, which is also sometimes referred to as government debt, is all of the money owed at any
given time by any branch of the government. It encompasses debt owed by the federal government,
the state government, and even the municipal and local government. Public debt accrues over time
when the government spends more money than it collects in taxation. As a government engages in
more deficit spending, the amount of debt increases.
Answer to SEQ 5
Recommended approaches in retiring a public debt:
Repudiating (rejecting) the debt
Create a sinking fund
Surplus budgets
Conversion
Answer to SEQ 6
Factors which influence how much a government can borrow:
Domestic savings
If consumers have a high savings ratio, there will be a greater ability for the private sector to
buy bonds. With high domestic savings there has been a willingness by the private sector to
buy the government debt.
Inflation
Financing the debt by increasing the money supply is risky because of the inflationary effect.
Inflation reduces the real value of the government debt, but, that means people will be less
willing to hold government bonds. Inflation will require higher interest rates to attract people to
keep bonds. In theory, the government can print money to reduce the real value of debt; but
128 Public Finance and National Income
existing savers will lose out. If the government creates inflations, it will be more difficult to
attract savings in the future.
Answer to SEQ 7
A candidate is expected to explain the meaning of public debt and explicitly show whether all debts
are burden to future generations.
The discussion should capture the following:
It depends on what the government spends the money on. If the government borrows money and then
invests it in productive assets – building or repairing infrastructure, researching new ideas, improving
schools, roads, bridges, electrical grids and broadband infrastructure, - and if those productive assets have
real rates of return that exceed the rate at which the government borrowed, then the debt (or rather, the
debt-financed spending) transferred consumption from us to our descendants, not the other way around.
And note that this is true whether the government borrows domestically or from foreigners. But if the
government spends the money on consumption – for example, buying everyone in the country a birthday
cake – then the debt-financed spending has transferred consumption from our descendants to us and it has
imposed a burden on future generations. That means, if our government borrows to invest in those things,
it will be doing our grandkids a favour, not imposing a burden.
Therefore to conclude; the size of government debt is not a good indicator of any burden. It is possible that
government debt is positive, but there has been no attempt at intergenerational transfer due to the following
reasons:
Taxes on the young are cut, and the young save all the tax cut by holding the extra debt.
Borrowing for a capital project that benefits current and all future generations equally.
A7
SECTION A
When policymakers seek to influence the economy, they have two main tools at their disposal—
monetary policy and fiscal policy. Central banks indirectly target activity by influencing the money
supply through adjustments to interest rates, bank reserve requirements, and the sale of government
securities and foreign exchange; governments influence the economy by changing the level and types of
taxes, the extent and composition of spending, and the degree and form of borrowing. In this chapter, we
will learn about fiscal policies – the meaning and objectives, tools of fiscal policy and problem in using
fiscal policies.
Explain
Explain
the meaning
the meaning
and objectives
and objectives
of fiscal
of fiscal
policy,
policy,
describe
describe
tools/mechanisms
tools/mechanisms
of of
fiscalfiscal
policy.
policy.
[Learning
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a andab]and b]
1. Meaning
1. Meaning
And Objectives
And Objectives Of Fiscal
Of Fiscal
PolicyPolicy
The meaning
The meaning
of fiscal
of policies
fiscal policies
Is any Is
change
any change
in government
in government
spendingspending
and taxation
and taxation
that is that
designed
is designed
to change
to change
overalloverall
spendingspending
in in
an economy.
an economy.
The useTheof use
government
of government
spending
spending
and taxation
and taxation
to influence
to influence
economic
economic
growth/Any
growth/Any
action action
taken taken
by theby
government
the government
which which
influences
influences
the timing,
the timing,
magnitude
magnitude
and structure
and structure
of current
of current
revenue revenue
and expenditure.
and expenditure.
Objectives
Objectives
of fiscal of policies
fiscal policies
(i) To(i)achieve
To achieve
full employment
full employment
Fiscal Fiscal
policy aim
policy to aim
reduce
to reduce
unemployment
unemployment
(ii) Price
(ii) stability
Price stability
However However
lowering lowering
expenditure
expenditure
is not is
advisable
not advisable
in lessindeveloped
less developed
countries
countries
to fighttoinflation.
fight inflation.
So So
also an also
increase
an increase
in taxation
in taxation
may notmay benot
possible
be possible
as taxable
as taxable
capacity
capacity
is low.isHence
low. Hence
in timeinoftime of
inflation,
inflation,
fiscal policy
fiscal should
policy should
be supplemented
be supplemented
by monetary
by monetary
policy to
policy
control
to control
inflation.
inflation.
(iii) To(iii)
accelerate
To accelerate
the rate the
ofrate
economic
of economic
growthgrowth
Taxation,Taxation,
government
governmentexpenditure
expenditure
and public
and public
borrowings
borrowings
shouldshould
be used be used
to encourage
to encourage
consumption,
consumption,
production
production
and distribution.
and distribution.
2. Tools/Mechanisms
2. Tools/Mechanisms Of Fiscal
Of Fiscal
PolicyPolicy
Tools Tools
of Fiscal
of Fiscal
PolicyPolicy
The followings
The followings
are theare
tools
theoftools
fiscal
ofpolicy.
fiscal policy.
(i) (i)Government
Government
expenditures.
expenditures.
(ii) (ii)Taxation.
Taxation.
(iii) (iii)
Borrowings.
Borrowings.
Mechanisms/types
Mechanisms/types
of Fiscal
of Fiscal
PolicyPolicy
There There
are twoare
mechanisms
two mechanisms
of fiscal
ofpolicy
fiscal policy
(i) Expansionary
(i) Expansionary
fiscal policy
fiscal policy
(ii) Contractionary
(ii) Contractionary
fiscal policy
fiscal policy
(i) (i)Expansionary
Expansionary
FiscalFiscal
PolicyPolicy
In this Inpolicy
this policy
the government
the government
increases
increases
its expenditures
its expenditures
and reduces
and reduces
the amount
the amount
of tax of
in tax
an in an
attempt attempt
to increase
to increase
aggregate
aggregate
demand. demand.
Expansionary
Expansionary
fiscal policy
fiscal policy
is designed
is designed
to influence
to influence
aggregate
aggregate
demand demand
since when
since expenditures
when expenditures
are increased
are increased
on thingson things
such as sucheducation,
as education,
health,health,
road construction,
road construction,
salary salary
to civilto
servants
civil servants
it results
it results
to an increase
to an increase
in incomes
in incomes
to the people
to the people
which which
act as act
a stimulant
as a stimulant
to aggregate
to aggregate
demand. demand.
When When
the economy
the economy
is in a is
contraction
in a contraction
or recession,
or recession,
the the
government
government
will enact
will an EXPANSIONARY
enact an EXPANSIONARY FISCAL FISCAL
POLICY POLICY
to "expand"
to "expand"
the economy. There There
the economy.
Fiscal Policy: 131
by increasing
by increasing
GDP, disposable
GDP, disposable
income income
and lowering
and lowering
unemployment.
unemployment.
A result
A result
of thisof
policy
this policy
is an isincrease
an increase
in theinprice
the price
level. level.
This will
Thisincrease
will increase
the aggregate
the aggregate
demanddemand
by doing
by doing
the the
following:
following:
i) i) Decreasing
Decreasing
Taxes Taxes
(more (more
moneymoney
in people's
in people's
pockets)
pockets)
ii) ii)Increasing
Increasing
Transfer
Transfer
Payments
Payments
(more (more
moneymoney
in people's
in people's
pockets)
pockets)
iii) iii)Increase
Increase
Government
Government
Spending
Spending
on social
on programs
social programs
(more (more
moneymoney
in people's
in people's
pockets
pockets
(ii) (ii)Contractionary
ContractionaryFiscalFiscal
PolicyPolicy
This isThis
a policy
is a policy
in whichin which
the government
the government
attemptsattempts
to reduce to reduce
aggregate
aggregate
demand demand
by increasing
by increasing
tax tax
and reducing
and reducing
expenditures.
expenditures.
The aimTheis aim
to control
is to control
inflation.inflation.
When When
the economy
the economy
is in anisexpansion
in an expansion
which which
resultsresults
in highinprices,
high prices,
the government
the government
will enact
will aenact
contractionary
a contractionary
fiscal policy
fiscal policy
to "contract"
to "contract"
the economy.
the economy.There There
by decreasing
by decreasing
GDP andGDP increasing
and increasingunemployment.
unemployment.
a resulta ofresult
this of
policy
this is
policy
a is a
decrease
decrease
in the in price
the level.
price level.
Remember
Remember
that fiscal
that policy
fiscal policy
is a tool
is atotool
helptostabilize
help stabilize
prices prices
and and
controlcontrol
unemployment.
unemployment.Since Since
unemployment
unemploymentis linkedis linked
to GDP, to GDP,
it is possible
it is possible
that whenthat when
the the
government
government
enactsenacts
a contractionary
a contractionary
policy to
policy
decrease
to decrease
aggregateaggregate
demand, demand,
that unemployment
that unemployment is is
going to
going
increase.
to increase.
However,However,
mild unemployment
mild unemploymentis better is better
than hyperinflation.
than hyperinflation.
This willThisdecrease
will decrease
the aggregate
the aggregate
demand demand
by doing
by the
doing
following.
the following.
Increasing
Increasing
taxes (less
taxesmoney
(less money
in people's
in people's
pockets)
pockets)
Decreasing
Decreasing
transfer
transfer
payments
payments
(less money
(less money
in people's
in people's
pockets)
pockets)
Decrease
Decrease
government
government
spending
spending
(less money
(less money
in people's
in people's
pockets)
pockets)
Describe
Describe
FormsForms
of fiscal
of fiscal
policy,
policy,
and describe
and describe
problems
problems
in using
in using
fiscalfiscal
policypolicy
[Learning
[Learning
Outcome
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c andcd]and d]
3. Forms
3. Forms
Of Fiscal
Of Fiscal
PolicyPolicy
There There
are 2 forms
are 2 of
forms
fiscal
ofpolicy
fiscal policy
(i) Discretionary
(i) DiscretionaryFiscalFiscal
PolicyPolicy
The discretionary
The discretionarychanges changes
in government
in government
expenditures
expenditures
and/orand/or
taxes in
taxes
order
in to
order
achieve
to achieve
certaincertain
nationalnational
economic economic
goals which
goals are
which theare
realm
the of
realm
fiscal
ofpolicy.
fiscal policy.
(i) High (i) employment
High employment(low unemployment)
(low unemployment)
(ii) Price
(ii) stability
Price stability
(iii) Economic
(iii) Economic
growthgrowth
(iv) Improvement
(iv) Improvement
of international
of international
paymentspayments
balancebalance
Discretionary
Discretionary
fiscal policy
fiscal policy
involves involves
changeschanges
in the government
in the government
which which
is designed
is designed
to change
to change
level level
of real of
gross
real domestic
gross domestic
product product
(GDP),(GDP),
unemployment,
unemployment,
incomeincome
or price
orlevel.
price level.
Specific
Specific
actionsactions
are are
neededneededin a in discretionary
a discretionary
fiscal fiscal
policy policy
that involves
that involves
changes changes
in government
in government
spending
spending
(increasing/decreasing)
(increasing/decreasing) and taxation
and taxation
(increasing/decreasing
(increasing/decreasing
tax rates).
tax rates).
(ii) Automatic
(ii) Automatic
or Built-In
or Built-In
Stabilizers
Stabilizers
(Non Discretionary
(Non Discretionary
FiscalFiscal
Policy)Policy)
Changes Changes
in government
in government
spending
spending
and taxation
and taxation
that occur
that automatically
occur automatically
withoutwithout
deliberate
deliberate
action action
of government
of government
Non-discretionary
Non-discretionary
fiscal policy
fiscal policy
occursoccurs
automatically
automatically
through through
built inbuilt
stabilizers
in stabilizers
such as such
progressive
as progressive
tax rates.
tax rates.
As GrossAs Gross
Domestic
Domestic
Product
Product
(GDP)(GDP)
increases,
increases,
the average
the average
tax tax
rate will
rate
increase
will increase
in progressive
in progressive
tax system.
tax system.
The increases
The increases
averageaverage
tax willtax
reduce
will reduce
people’s
people’s
incomes incomes
and hence
and hence
demand demand
for goods
for goods
and services
and services
132 Public Finance and National Income
2. Time Lags.
If the government plans to increase spending this can take a long time period to filter into the
economy and it may be too late spending plans are only set once a year. It takes time for the
government to recognize the need for intervention, to agree on a policy, to implement the
policy, and for the policy to start affecting the behavior of consumers and firms. For example, it
may take months for government to recognize that the economy is in a recession. Then
months will pass as political parties argue over appropriate spending hikes or tax cuts. When
the tax cut finally takes effect, it may take many more months before consumers and firms
finally start spending again. The whole process could easily take two years. In the meantime
during those two years, the economy is suffering. By the time the tax cut starts working, the
recession could be over
Self-Examination
Self-Examination
Questions
Questions
Question
Question
1 1
The fiscal
Thepolicy
fiscalhas
policy
far has
morefarchances
more chances
of success
of success
during aduring
depression,
a depression,
but muchbutless
much
in an
lessinflationary
in an inflationary
situation.
situation.
Required:
Required:
(i) (i)
Do you Do
agree
youoragree
disagree
or disagree
with thewith
above
thestatement?
above statement?
Explain.Explain.
(ii) (ii)
DiscussDiscuss
the extent
the toextent
whichtothewhich
working
the working
of taxation
of taxation
as a fiscal
as apolicy
fiscalinstrument
policy instrument
can be can be
used to used
counteract
to counteract
inflationary
inflationary
pressure.
pressure.
Question
Question
2 2
It is pertinent
It is pertinent
to identify
to identify
the possible
the possible
links between
links between
macroeconomic
macroeconomic
policies policies
and theandlong-
the long-
run growth
run growth
rate potential
rate potential
Gross National
Gross National
ProductProduct
(GNP). (GNP).
In the following
In the following
policies policies
below, you
below,areyou
required
are required
to to
explain explain
the likelythe
growth
likely effects
growth ofeffects
each of
and
each
every
andpolicy
everyinpolicy
influencing
in influencing
long-runlong-run
growth; growth;
(i) (i)
Avoidance Avoidance
of excessive
of excessive
expansionexpansion
of money of supply.
money supply.
(ii) (ii)
Achievement
Achievement
and maintenance
and maintenance
of flexible
of flexible
and positive
and positive
real interest
real interest
rates, improved
rates, improved
bank bank
supervision,
supervision,
growth ofgrowth
money of and
moneyequity
andmarkets.
equity markets.
(c) (c)
External
External
policiespolicies
i. i. RealisticRealistic
and flexible
and flexible
exchange-rate
exchange-rate
policy and
policy
avoidance
and avoidance
of overvalued
of overvalued
real exchange
real exchange
rates rates
ii. ii. Liberalization
Liberalization
of foreign
of trade
foreignand
trade
direct
andinvestment.
direct investment.
Other policies
Other policies
especially
especially
reformsreforms
in agricultural
in agricultural
pricing pricing
and marketing,
and marketing,
in country
in country
enterprises,
enterprises,
and in and in
labour market.
labour market.
Question
Question
3 3
Explain Explain
briefly what
briefly
is crowding-out
what is crowding-out
effect and
effect
whatand
arewhat
the criticisms
are the criticisms
underlying
underlying
it. it.
Question
Question
4 4
(a) Briefly
(a) explain
Briefly explain
the extent
thetoextent
whichtotaxes
whichcantaxes
be used
can beto used
counteract
to counteract
inflationary
inflationary
pressures.
pressures.
(b) Mention
(b) Mention
briefly any
briefly
fourany
appropriate
four appropriate
fiscal measures
fiscal measures
that government
that government
may usemay to bring
use to
about
bringstability
about stability
in the economy.
in the economy.
134 Public Finance and National Income
(c)
Answer to SEQ 1
-Taxes as built in stabilizer can be used to curb prices and demand in a given level of
government expenditure.
- The tax system itself tends to create a budgetary surplus to curb expenditure and
demand while a created budgetary deficit would have the opposite effects during the
boom and depression respectively.
- Expansionary effect during depression requires a charge in taxation which will have a
decreasing effect in the tax revenue and hence result into budget deficit, thereby
increase in the GDP and prices.
- Concretionary effect during a boom requires a charge that result into an increase in the
tax revenues will lead to lower price and lower output.
- Therefore, taxation as a fiscal policy instrument can be used in such a way that, when
economy is in recession, government should plan for a budget deficits through a
mechanism that lowers tax revenue. On the other hand, revenue in a view of lowering
prices during a boom.
- Both actions above are intended to offset changes in aggregate spending by consumers
and private investors and lead to smooth fluctuations in the business cycle
Answer to SEQ 2
(iv) Cuts in income, corporate, and indirect taxes with base broad broadening:
Harmonization of indirect taxes. This will raise effective supplies of labour and capital,
improve capital’s marginal product, and encourage efficiency in resource allocation.
These tax reforms, however, should be carefully designed to minimize revenue loss
which is detrimental to domestic saving rate and long-run growth.
(ii) Liberalization of foreign trade and direct investment. This will improve factor
productivity by removing barriers to imported inputs and to the inflow of risk capital.
(d) Other policies especially reforms in agricultural pricing and marketing, in country enterprises,
and in labor market. This will promote greater efficiency in resource allocation; raise factor
productivity and thus economic growth.
Answer to SEQ 3
Crowding-out effect and criticisms underlying it: Crowding out effect is the displacement effect
caused by government policy to borrow excessively from money market or extracting money from the
market by imposing excessive taxes. Crowding out effect is alternative to financing budget deficits by
borrowing from the banking systems (and thereby expanding the money supply). The government can
borrow money by selling gilt treasury bills or bonds securities to the public. Public may only buy
securities when underlying interest rates are higher than effective or prevailing interest market rates. In
order to persuade the general to buy the extra debt, the guaranteed annual interest rate offered on new
securities raised. The effect of issuing higher than normal interest rates is to draw money from market
and raising effective interest rates, the effect of which arises general interest rates levels. Increased
interest rates in turn raises generally and crowds out or displaces private sector investment by making it
more expensive to borrow or raise funds on the capital market through issue of shares or bonds.
Answer to SEQ 4
(a) Extent to which taxes can be used counteract inflationary pressures. Candidates are expected to
construct their arguments around the following two rationales:
To finance the government budget deficit, the government borrows money market.
Answer to SEQ 4
(a) Extent to which taxes can be used counteract inflationary pressures. Candidates are expected to
construct their arguments around the following two rationales:
Taxes as built-in-stabilizer
Belief that taxes can be used to curb prices and demand.
The above two arguments can be further explained as follows:
Fiscal policy measures, to some extent, can be effectively used by the government to neutralize
the destabilizing forces through the following theoretical framework
Changes in budgetary
- Discretionary policy measures may be taken to affect the level of aggregate demand.
Built in responses
- Changes in economic activities may also affect public expenditure and tax revenue.
A8
National Income Accounting: 137
SECTION A
We all have learned the concept of ‘balance of nature’ in our childhood, which explains how there exists
a self-sufficient ecosystem that needs no support from the outside to sustain itself. Nature maintains
balance between all living things as well as the environment - all living things feed off each other to help
nature maintain its balance. There is a circular flow, the plants are grown in the soil, animals like the
deer eat the plants, tigers eat the deer and the cycle continues. If even one of the elements of nature
goes extinct, the balance will be disturbed. So, if all the tigers become extinct, then the deer will be
allowed to flourish and plants will start to diminish. This will cause an imbalance in nature.
A similar principle applies to the economy. An individual earns salary, he pays money to the
shopkeeper to buy grocery etc. - so this is the income for the shopkeeper, the shopkeeper spends this
money to buy clothes from a retail store, the retail store deposits the money in the bank, the bank uses
the money to lend, the borrower uses this money to produce goods in his factory and pay salary to his
staff, the staff gets salary and pay tax to the government, the government uses the tax to provide
facilities and so on. Thus, the expenditure of one sector becomes the income of another sector and the
supply of goods and services by one section of the community becomes the demand of the other
sections. In this Study Guide, we will discuss the meaning and concepts of national income. We will
also discuss the various sectors of the economy and the flow of income in the economy.
Rent 50,000
Dividends 500,000
*Gross of Depreciation
Required
(i) Classify these items into separate accounts of GNP, GNI, and GNE.
(ii) Calculate Net National Product, Net National Expenditure and Net National Income.
Value of Physical increase in stocks 10,000
Required
(i) Classify these items into separate accounts of GNP, GNI, and GNE.
(ii) Calculate Net National Product, Net National Expenditure and Net National Income.
Answer
Government Self-
Agriculture 100 exp 130 employed * 60
Constructi Change in
on 50 stocks 10 Dividends 110
Public
Distributio corporation
n 150 Exports 650 . 20
Other
Sector 270 Import (220) Rent 50
1,17
GNP 0 GNE 1,170 GNI 1,170
Less: Less
Depreciati Less: :Depreciati
on (70) Depreciation (70) on (70)
Net Net
National 1,10 Net National National
Product 0 Expenditure 1,100 income 1,100
This is because income from self-employment profit and trading surplus of public corporation are gross of
depreciation for example factor income are normally reported before making allowance for depreciation, had
these figure been net of depreciation the income from these source would have been less by (60+610+20-
70=620) adding these figure along with wages and salaries (430) and rent (50) we will get NNI at 1100 to this we
shall add depreciation (70) to get finally GNI at 1170
142 Public Finance and National Income
Identify
Identify
the the
rolerole
of the
of the
government
government
in national
in national
income;
income;
describe
describe
usesuses
of of
national
national
income
income
statistics;
statistics;
describe
describe
problems
problems
of computing/compiling
of computing/compiling
national
national
income;
income;
explain
explain
weaknesses
weaknesses of using
of using
per per
capital
capital
income
income
(PCI)
(PCI)
statistics
statistics
to compare
to compare
standard
standard
of living
of living
among
among
countries.
countries.
[Learning
[Learning
Outcome
Outcome
e, f,e,
g f,
andg and
h] h]
5. Uses
5. Uses
Of National
Of National
Income
Income
Statistics
Statistics
(i) They
(i) They
showshow
the distribution
the distribution
of income
of income
amongamong
the various
the various
factors
factors
of production
of production
and sectors
and sectors
of theof the
economy
economy
namely:
namely:
the household,
the household,
business
business
and the
and government
the government
sectors.
sectors.
This This
is important
is important
in in
planning
planning
for taxes
for taxes
and government
and government
expenditure.
expenditure.
(ii) National
(ii) National
income income
statistics
statistics
can becan used
be used
to showto show
the growth
the growth rate rate
of the of national
the national economyeconomyby by
comparing
comparingthe GNPthe GNP
of different
of different
years,years,
for example
for example
if theifGNPthe GNP
of country
of country
X in X theinyear
the year
2000 2000was was
Tshs.Tshs.
20 million
20 million
and GNP
and GNP
of theofyear
the 2001
year 2001
was Tshs.
was Tshs.
40 then40 the
thengrowth
the growth
rate ofrate
theofnational
the national
income income
was was100 percent.
100 percent. National
National
incomeincome
statistics
statistics
can be canusedbe usedto compare
to compare the standard
the standard of living
of living
of of
different
different
nationsnations
by computing
by computing
the per
thecapital
per capital
incomesincomes
of each of each
country.
country.
Per capital
Per capital
income income
is income
is income
per head,
per head,
it means
it means
the average
the average
incomeincome
of each
of each
citizens
citizens
in a certain
in a certain
period period
of time.
of time.
Per capital
Per capital
income income= = GNP_________
GNP_________
Total Total
population
population
(iii) They
(iii) They
are important
are important
in estimating
in estimating
the level
the level
of international
of international
transactions
transactions
and theanddegree
the degreeto which
to which
an an
economyeconomydependsdepends
on other
on other
economies.
economies.This This
can becanestimated
be estimated from from
the figures
the figures
of imports
of imports
and and
exports.
exports.
(iv) Per(iv)capita
Per capita
income income
(national
(national
income income
divideddivided
by total
by population)
total population) is used is used
in comparing
in comparing the standard
the standard
of of
livingliving
of a country
of a country over time.
over time.
(v) They(v) They
showshow the patterns
the patterns of expenditure,
of expenditure, this isthis
shown
is shown
by figures
by figuresof private
of private
and public
and publicexpenditure.
expenditure.
This is This
important
is important in theinmaking
the making
of theofnational
the national
budget budget
wherewheretherethereis theisneedthe needto estimate
to estimate
private private
and and
publicpublic
expenditure.
expenditure.
(vi) They
(vi) They
are used
are used for international
for international comparisons
comparisons whichwhichare necessary
are necessary if improvement
if improvement in economic
in economic
performance
performance is to be is toachieved.
be achieved.
(vii) They
(vii) They
measure measure the size the ofsize various
of various
economiceconomicsectorssectors
i.e. agriculture,
i.e. agriculture, industryindustry
and infrastructure
and infrastructure or or
monetarymonetaryand subsistence
and subsistence sectorsector
whichwhichis veryis very
crucialcrucial
in planning
in planning and designing
and designing of development
of development
strategies.
strategies.
(viii) (viii)They They
will also will give
also us giveinformation
us informationon the onstability
the stability
of performance
of performance of theofeconomy
the economy over time.
over time.
(ix) They
(ix) They
showshow the rate the of rate
resource
of resourceutilization
utilization
as anasincrease
an increasein national
in national
income income may be mayattributable
be attributable
to to
increased
increased
utilization
utilization
of national
of national
resources.
resources.
(x) They(x) They
give us givefigures
us figureson the onsavings
the savings level level
in a country.
in a country. This This
helpshelps in coming
in coming up withup investment
with investment
projections.
projections.
(xi) Economic
(xi) Economic problems problems can easily
can easily
be knownbe knownthroughthrough
the national
the national income incomestatistics
statistics
example
example of these
of these
problemsproblems
are such are suchas inflation,
as inflation,
fall infall
income,
in income,
an employment
an employment etc. etc.
(xii) National
(xii) National
income income
can be canusedbe used
to show to show
the welfare
the welfare
of theofcitizens
the citizens
of a country,
of a country, the increase
the increasein national
in national
income income
implies implies
improvement
improvement in theinwelfare
the welfare
whenwhentherethere
is a fair
is adistribution
fair distributionof theofnational
the national
income. income.
(xiii) (xiii)Estimates
Estimates of national
of national
income income
are veryare very
important
important
in theinformulation
the formulation of a national
of a national
budget budget
by theby the
government
government i.e. the i.e. government
the government uses usesthe national
the national
income income
statistics
statistics
to estimate
to estimateits revenue
its revenueand and
expenditures
expenditures for the forcurrent
the current
year likewise
year likewisethe government
the government uses uses
the national
the nationalincome income
data todataformulate
to formulate
nationalnational
plansplans and policies.
and policies.
It assists to provide a rough estimate of the average amount of goods and services per person produced
in the economy which also assists to compare productivity among regions and countries.
PCI Shortcomings:
PCI Shortcomings:
(i) It does
(i) Itnotdoesshownot who
showearnswho what
earnsinwhat
an economy
in an economy
because because
it is just
it is
a crude
just a figure
crude offigure
the general
of the general
prevailingprevailing
situation.
situation.
(ii) It cannot
(ii) It cannot
depict equitable
depict equitable
distribution
distribution
as it is just
as itaiscrude
just afigure.
crude figure.
(iii) It does
(iii) Itnot
does
account
not account
for all activities
for all activities
e.g. trafficking,
e.g. trafficking,
smugglingsmuggling
which arewhichregarded
are regarded
as illegal.
as illegal.
Per capita
Per income
capita income
figures figures
can also canbealso
usedbetoused compare
to compare
the standards
the standards
of living
of ofliving
different
of different
countries.
countries.
Thus ifThusthe per
if the
capita
per income
capita income
of one ofcountry
one country
is higheris higher
than that
thanof that
another
of another
country,country,
the the
living standard
living standard
in the first
in thecountry
first country
can becan saidbeto said
be higher.
to be higher.
Such comparisons
Such comparisons are made are by
made
aid by aid
giving giving
international
international
agencies agencies
like the like United
the United NationsNations
and theyand indicate
they indicate
the relevant
the relevant
aid aid
requirements
requirements
of different
of different
countries.countries.
But thereButare
there
majorareproblems in usinginreal
major problems usingincome
real income
per headper(per
head (per
capita income)
capita income)
to measureto measure
the standard
the standard
of livingofinliving
different
in different
countries.
countries.
First there
Firstisthere
the whole
is the set
whole
of set of
statistical
statistical
problems problems
and, and, secondly,secondly,
there arethere a number
are a number
of difficult conceptual
of difficult conceptual
problemsproblems
or or
problemsproblems
of interpretation.
of interpretation.
Describe
Describe
the role
theof
role
theofpublic
the public
sector
sector
in theincircular
the circular
flow of
flow
income
of income
and and
expenditure;
expenditure;
explain
explain
the determination
the determination
of equilibrium
of equilibrium
incomeincome
in an in an
economy
economy
with Two,
with Two,
ThreeThree
and Four
and Sectors
Four Sectors
Models.
Models.
[Learning
[Learning
outcome
outcome
i, andi,j]and j]
9. Role
9. Of
Role
TheOfPublic
The Public
SectorSector
In TheInCircular
The Circular
Flow Of
Flow
Income
Of Income
And Expenditure
And Expenditure
A studyAofstudy
the economy
of the economy
revealsreveals
that money
that money
flows inflows
a circular
in a circular
fashionfashion
in the economy;
in the economy;
from individuals
from individuals
expenditure; explain the determination of equilibrium income in an
economy with Two, Three and Four Sectors Models.
9. Role Of The Public Sector In The Circular Flow Of Income And Expenditure
A study of the economy reveals that money flows in a circular fashion in the economy; from individuals
to businesses and back to individuals. The expenditure of individuals becomes the income for the
businesses and the expenditure of the businesses becomes the income of the individuals.
An individual spends his income (salary, rent, dividends) for buying consumable goods and services
from the businesses, for paying taxes to the government and for savings in the form of investments.
The businesses use the money (spent by individuals while buying the goods and services and while
making investments) to set up their business, to buy material to manufacture goods and to pay their
employees.
Thus, the economy of any country can be divided into five sectors:
Household sector: this includes all individuals and families
Business sector: this includes the firms and organisations
Financial sector: this includes banks and financial institutions
Government sector: this includes the ruling bodies of the state and the central government
International sector: this includes the import and export
Based on the above classification, various models are framed to understand the circular flow
process. The following diagram explains the five sector circular flow model
Diagram 1: Five sector circular flow model
We will use the above diagrammatical representation to understand how money flows through
the economy through various sectors.
The two important sectors that exist in any economy are the household sector and the business sector.
We will use the above diagrammatical representation to understand how money flows through
the economy through various sectors.
The two important sectors that exist in any economy are the household sector and the business sector.
The four flows shown in the diagram are explained as follows:
1. Output (O): the most obvious flow is the provision of goods and services by the business
sector to the household sector.
2. Expenditure (E): the household sector needs to pay for the goods and services supplied by the
business sector.
4. Income (Y): the returns for factors of production are interest or dividend (for capital), profit (for
3. Resources (R): the household sector provides the resources i.e. the factors of production to the
enterprise), rent (for land) and wages (for labour)
4. business
Income (Y): the The
sector. returns for of
factors factors of production
production areenterprise,
are capital, interest orland
dividend (for capital),
and labour (CELL). profit (for
enterprise), rent (for land) and wages (for labour)
In
4. the two sector
Income model,
(Y): the as the
returns forcash keeps
factors flowing in the
of production are economy,
interest orthe state of(for
dividend equilibrium
capital), is defined
profit (for
as aenterprise),
situation inrent
which
(forthere
land)noandscope
wagesfor(for
thelabour)
variations in levels of income (Y) , expenditure (E) and
In the two sector model, as the cash keeps flowing in the economy, the state of equilibrium is defined
output (O) to change i.e. Y = E = O
as a situation in which there no scope for the variations in levels of income (Y) , expenditure (E) and
In the two
output sector
(O) to model,
change as=the
i.e. Y E =cash
O keeps flowing in the economy, the state of equilibrium is defined
Three
as sector model
a situation in which there no scope for the variations in levels of income (Y) , expenditure (E) and
output (O) to change
Three sector model i.e. Y = E = O
The three sector model expands the simple two sector economy by introducing one more sector – the
financial
Three sector.
sector model
The three sector model expands the simple two sector economy by introducing one more sector – the
financial sector.
With three
The the introduction
sector model of one new sector,
expands two new
the simple flows arise
two sector in theby
economy economy (seeone
introducing diagram
more1):sector – the
financial
With the sector.
introduction of one new sector, two new flows arise in the economy (see diagram 1):
5. Savings (S): savings flow from households to the banks.
With the introduction
5. Savings of one
(S): savings new
flow sector,
from two new
households to flows arise in the economy (see diagram 1):
the banks.
6. Investments (I): money goes back from banks to the business sector in the form of investments.
5.
6. Savings (S): (I):
Investments savings flow
money from
goes households
back to the
from banks banks.
to the business sector in the form of investments.
Thus, money for investments in the business sector is procured from savings that the household
sector
6. puts in the banks.
Investments
Thus, money for(I):investments
money goesinbackthe from bankssector
business to the is
business sector
procured fromin savings
the formthat
of investments.
the household
sector puts in the banks.
Four sector
Thus, moneymodelfor investments in the business sector is procured from savings that the household
sector puts in the
Four sector model banks.
Now, let’s go one step further and introduce the fourth sector - the
government
Four sector. As one new sector is introduced, two new flows arise in
Now, sector
let’s gomodel
one step further and introduce the fourth sector - the
the economy (see diagram):
government sector. As one new sector is introduced, two new flows arise in
7. Taxes
Now, let’s (T):
go taxesstep
one are a flow from the household sector to the
the economy (see diagram):further and introduce the fourth sector - the
government.sector. As one new sector is introduced, two new flows arise in
government
7. Taxes (T): taxes are a flow from the household sector to the
the economy (see diagram):
government.
8. Government
7. Taxes (T): taxesspending
are a(G):
flowgovernment then puts sector
from the household the money (collected in the form of taxes) back
to the
in the flow system by way of government spending.
government.
8. Government spending (G): government then puts the money (collected in the form of taxes) back
in the flow system by way of government spending.
8. Government spending (G): government then puts the money (collected in the form of taxes) back
in the flow system by way of government spending.
Five sector model
Five sector model
We are living in a very globalised world and we deal more and more with the international sector.
Therefore
Five sectorthemodel
most realistic representation of the flow system is to include the international sector.
We are living in a very globalised world and we deal more and more with the international sector.
Therefore the most realistic representation of the flow system is to include the international sector.
The two new
We are livingsectors that globalised
in a very arise in theworld
economy
and on
weinclusion of the
deal more andinternational
more with sector are:
the international sector.
Therefore the most realistic representation of the flow system is to include the international
The two new sectors that arise in the economy on inclusion of the international sector are: sector.
9. Import (M): the household sector buys goods and services from overseas
The Import
9. two new sectors
(M): that arise sector
the household in the economy on and
buys goods inclusion of the
services international
from overseas sector are:
10. Export (X): the businesses sell goods and services to overseas customers
9. Export
10. Import (M): the businesses
(X): the household sector buysand
sell goods goods and services
services from customers
to overseas overseas
Thus, to summarise:
10. Export (X): the businesses sell goods and services to overseas customers
Thus, to summarise:
Thus, to summarise:
National Income Accounting: 147
There are five sectors in an economy (household, business, financial, government, international).
There are four types of flows between the household sector and the business sector (output,
expenditure, resources, and income).
There are three flows going out from the household sector (savings, taxes and imports).
Collectively, these are called ‘leakages’.
There are three flows going into the business sector (investments, government spending and
exports).
Collectively these are called ‘injections’.
In a five sector model, the state of equilibrium occurs when the total leakages are equal to the total
injections that occur in the economy.
S+T+M = I+G+X
In other words,
If injection > leakages; this means the economy is growing
If injection < leakages; this means the economy is diminishing
If injection = leakages; this means the economy is stable
10. Explain the determination of equilibrium income in an economy with Two, Three and Four
Sectors Models.
To simplify the analysis, it has been classified into a two-sector model, a three-sector model and a
four-sector model.
First two sectors are related to a closed economy in which there is no foreign trade and the last
sector is concerned with the open economy.
Two-Sector Model:
A two-sector model of income determination of an economy consists only of domestic and business
sectors.
Assumptions:
(i) It is a two-sector economy where only consumption and investment expenditures take place.
Thus the total output of the economy is the sum of consumption and investment expenditure.
(ii) Investment relates to net investment after deducting depreciation.
(iii) It is a closed economy in which there are no exports or imports.
(iv) There are no corporate firms in the economy so that there are no corporate undistributed
profits.
(v) There are no business taxes, no income taxes and no social security taxes so that
disposable personal income equals NNP.
(vi) There are no transfer payments.
(vii) There is no government.
(viii) There is autonomous investment.
(ix) The economy is at less than full employment level of output.
(x) The price level remains constant up to the level of full employment.
(xi) The money wage rate is constant.
(xii) There is stable consumption function.
(xiii) The rate of interest is fixed.
(v) There are no business taxes, no income taxes and no social security taxes so that
disposable personal income equals NNP.
(vi) There are no transfer payments.
(vii) There is no government.
148 Public Finance and National Income
(viii) There is autonomous investment.
(ix) The economy is at less than full employment level of output.
(x) The price level remains constant up to the level of full employment.
(xi) The money wage rate is constant.
(xii) There is stable consumption function.
(xiii) The rate of interest is fixed.
(xiv) The analysis relates to the short period.
Explanation:
Given these assumptions, the equilibrium level of national income can be determined by the equality of
aggregate demand and aggregate supply or by the equality of saving and investment.
Aggregate demand is the summation of consumption expenditure on newly produced consumer goods by
households and on their services (C), and investment expenditure on newly produced capital goods and
inventories by businessmen (I).
Y = C+I ….(1)
But Y= Yd
C+I=C+S
Or I = S
In the above identities, C + l relate to consumption and investment expenditures which represent
aggregate demand of an economy. C is the consumption function which indicates the relation between
income and consumption expenditure.
The consumption function is shown by the slope of the C curve in Fig. 1 which is MPC (marginal
propensity to consume). I is investment demand which is autonomous. When investment demands (I) is
added to consumption function (C), the aggregate demand function becomes C+I.
C+S identity is related to the aggregate supply of an economy. That is why, consumer goods and
services are produced from total consumption expenditure and aggregate savings are invested in the
production of capital goods.
In an economy, the equilibrium level of national income is determined by the equality of aggregate
demand and aggregate supply (C+I=C+S) or by the equality of saving and investment (S=I).
We explain these two approaches one by one with the help of Figure 1 (A) and (B).
In an economy, the equilibrium level of national income is determined by the equality of aggregate
demand and aggregate supply (C+I=C+S) or by the equality of saving and investment (S=I).
The equilibrium level of national income is determined at a point where the aggregate demand function
(curve) intersects the aggregate supply function. The aggregate demand function is represented by C+I
in the figure. It is drawn by adding to the consumption function C the investment demand I.
The 45° line represents the aggregate supply function, Y = C+S. The aggregate demand function C+I
intersects the aggregate supply function Y= C+S at point E in Panel (A) of Figure 1 and the equilibrium
level of income OY is determined.
Suppose there is disequilibrium in aggregate supply and aggregate demand of the economy.
Disequilibrium can be in either case, aggregate supply exceeding aggregate demand or aggregate
demand exceeding aggregate supply. How will the equilibrium level of income be restored in the two
situations?
First, take the case when aggregate supply exceeds aggregate demand. This is shown by OY 2 level of
income in Panel (A) of the figure. Here aggregate output or supply is Y2E2 and aggregate demand is Y2k.
The disposable income is OY2 (=Y2E2). At this income level OY2, consumers will spend Y2d on
consumption goods and save dE2.
But businessmen intend to make investment equal to dk in order to buy investment goods. Thus the
aggregate demand for consumption goods and investment goods is Y2d + dk = Y2k. But aggregate supply
(or output) Y2E2 is greater than aggregate demand Y2k by kE2 (=Y2E2 – Y2k).
Therefore, the surplus output of goods worth kE2 accumulated by businessmen in the form of unintended
inventories. In order to avoid further inventory accumulation, they will reduce production. As a result of
the reduction in output, income and employment will fall and the equilibrium level of income will be
restored at OY where the aggregate supply equals aggregate demand at point E.
The second situation of disequilibrium when aggregate demand exceeds aggregate supply is shown by
the income level of OY1 in Panel (A) of the figure. Here the aggregate demand is Y1E1 and the aggregate
output is Y1a. The disposable income is OY1 (=Y1a).
At this income level, consumers spend Y1b on consumption goods and save ba. But businessmen intend
Therefore, the surplus output of goods worth kE2 accumulated by businessmen in the form of unintended
inventories. In order to avoid further inventory accumulation, they will reduce production. As a result of
the reduction
150 Public in National
Finance and output, Income
income and employment will fall and the equilibrium level of income will be
restored at OY where the aggregate supply equals aggregate demand at point E.
The second situation of disequilibrium when aggregate demand exceeds aggregate supply is shown by
the income level of OY1 in Panel (A) of the figure. Here the aggregate demand is Y1E1 and the aggregate
output is Y1a. The disposable income is OY1 (=Y1a).
At this income level, consumers spend Y1b on consumption goods and save ba. But businessmen intend
to invest bE, to buy investment goods. Thus the aggregate demand is Y1b + bE1= Y1E1 which is greater
than the aggregate supply of goods Y1a by aE1.
To meet this excess demand worth aE1, businessmen will have to reduce inventories by this amount. In
order to stop further reduction in their inventories, businessmen will increase production. As a result of
the increase in production, output, income and employment will increase in the economy and the
equilibrium level of income OY will be restored again at point E.
The equilibrium level of income can also be shown by the equality of the saving and investment
functions. Since the equilibrium level of income is determined when aggregate supply (C+S) equals
aggregate demand (C + I) in the economy, intended (or planned) saving also equals intended (or
planned) investment. This can be shown algebraically
C+S=C+l
S=I
The equilibrium level of income in terms of the equality of saving and investment is shown in Panel (B) of
Figure 1, where I is the autonomous investment function and S is the saving function. The saving and
investment functions intersect at point E which determines the equilibrium level of income OY.
If there is disequilibrium in the sense of inequality between saving and investment, forces will operate in
the economy and the equilibrium position will be restored. Suppose the income level is OY 2 which is
above the equilibrium income level OY.
At this income level OY2, saving exceeds investment by gE2. It means that people are consuming and
spending less. Thus aggregate demand is less than aggregate supply. This will lead to the accumulation
of unintended inventories with businessmen. To avoid further accumulation of inventories, businessmen
will reduce production. Consequently, output, income and employment will be reduced till the equilibrium
level of income OY is reached at point E where S=I.
On the contrary, if the income level is less than the equilibrium level, investment exceeds saving. This is
shown by OY1 level of income when investment Y1E1 is greater than saving. The excess of intended
investment over intended saving means that aggregate demand is greater than aggregate supply by eE1.
Since aggregate output (or supply) is less than aggregate demand, businessmen will decrease
inventories held by them. To stop further reduction in their inventories, they will increase production.
Consequently, output, income and employment will increase in the economy and the equilibrium level of
income OK will be again reached at point E.
The determination of equilibrium level of income simultaneously by the equality of aggregate demand and
aggregate supply and of saving and investment is explained in Table I below.
Table
Consequently, output, income and employment will increase in the economy and the equilibrium level of
income OK will be again reached at point E.
The determination of equilibrium level of income simultaneously by the equality of aggregate demand and
National Income Accounting: 151
aggregate supply and of saving and investment is explained in Table I below.
Table
Determination of equilibrium level of income in an economy that has only two sectors, namely, the
households’ and the producers’ sectors. Such economies do not survive in real world for long.
They need a regulatory authority for their smooth functioning sooner or later. Invariably, a government
sector becomes inevitable, more so, when the state is a welfare state. Apart from acting as a producer,
the government of a welfare state acts as a watchdog to all the activities of production and consumption.
Taxation – direct and indirect – provides a source of income for the government and public expenditure
and transfer payments, as channels of its spending.
The aggregate demand (AD) for an economy with three sectors, namely, the households’ sector, the
producers’ sector and the government sector, can be expressed as
AD = C + I + G
(In this section, we will proceed with the assumption that investment is fixed) The Aggregate Supply (AS),
in like manner, can be expressed as
AS = C + S + T
Here, T = tax revenue net of transfer payments. Taxation assumed fixed at Ta and the transfer payments
assumed fixed at R, the tax revenue net of transfer payments, T = T a– R.
AS = Y, as in 6.1, would again lead to a 45° line while AD = C + I a + G would be a vertical displacement
of C = Ca + bYd, first by Ia and then by G. Here, Yd is the disposable income given as
= Y-[Ta-R]
= Y-Ta+R
Equilibrium level of income would refer to the condition AD = AS. The reader can easily verify that the
equilibrium condition would stand modified to
Ia + G = S + T
where, Ia + G = injections
= Y-Ta+R
Equilibrium
152 Public Finance level of income
and National would refer to the condition AD = AS. The reader can easily verify that the
Income
equilibrium condition would stand modified to
Ia + G = S + T
where, Ia + G = injections
and, S + T = withdrawals.
Y = C + Ia + G
= Ca+ bYd + Ia + G
= Ca+ bY – bTa + bR + Ia + G
Y = 1 / (1 – b) [Ca – bTa + bR + Ia + G]
This, as evident, has been obtained from the equality of AD and AS. The same result can be obtained
through the equality of injections and withdrawals as in the lower panel.
Ia + G = S + T
= – Ca + (1 – b) Yd + T
= -Ca + (1 – b) [Y – Ta + R] + Ta – R
(Yd = Y – T = Y – Ta + R and T = Ta – R)
= – Ca + (1 – b) Y – (1 – b)Ta + (1 – b)R] + Ta – R
= – Ca + (1 – b) Y – Ta + bTa + R – bR + Ta – R
(1 – b)Y = Ca – bTa + bR + Ia + G
Y = 1 / (1 – b) [Ca – bTa + bR + Ia + G]
We can now define three more multipliers, namely, the government expenditure multiplier (dY/dG), the
taxation multiplier (dY/dTa) and the transfer payments multiplier (dY/dR) as follows:
KG = dY / dG = 1 / (1 – b)
KTa = dY / dTa = -b / (1 – b)
KR = dY / dR = b / (1 – b)
Illustration
For a hypothetical economy with three sectors, the following specifications are provided:
C = 20 + 0.75Yd
Ia = 20
G = 25
Illustration
For a hypothetical economy with three sectors, the following specifications are provided:
National Income Accounting: 153
C = 20 + 0.75Yd
Ia = 20
G = 25
Ta = 25
Determine:
(i) The equilibrium level of income through the equality of the AS and AD as well as through that
of the injections and withdrawals.
(ii) Investment multiplier, Govt expenditure multiplier and tax multiplier.
(iii) Disposable income, consumption expenditure and the level of savings at equilibrium.
(iv) Effect on the national income of each of the following changes:
1. Investment increases to 30.
2. Govt expenditure increases to 40.
3. Tax decreases to 20.
(v) (dY/dTa) + (dY/dG). Can you interpret the result?
Solution:
Y = 1 / (1 – b) [Ca – bTa + bR + Ia + G]
Substituting data from the question, b = 0.75, Ca = 20, G = Ta = 25, Ia = 20, R = 0; we have
Equality of injections (Ia + G) to withdrawals (S + T) can be verified to yield the same result.
The investment multiplier, KIa (using subscript Ia to distinguish it from other multipliers and to have
identical notation for it), we have
KIa = 1 / (1 – b)
= 1 / (1 – 0.75) = 4.00
KG = 1 / (1 – b)
KTa = -b / (1 – b)
= – 0.75 / (1 – 0.75)
= – 3.00
KR = b / (1 – b)
= – 0.75 / (1 – 0.75)
KR = b / (1 – b)
Yd = Y – Ta+ R
C = Ca + bYd
= 20 + 0.75 x 160
= 20 + 120 = 140
S = – Ca + (1 – b) Yd
= – 20 + (1 – 0.75) × 160 = 20
S = Yd – C = 160 – 140 = 20
Thus when investment increases from 20 to 30, increase in income would be 40.
∆G = 40 – 25 = 15, KG = 4.00
∆Y = (KG) ∆G
= 4.00 × 15 = 60.00
∆Y = (KTa ) × ∆Ta
(v) Note that the sum of the government expenditure multiplier and the tax multiplier,
The result that the sum of the government expenditure multiplier and the tax multiplier is unitary, is at
times referred to as the unit budget multiplier theorem or even as the balanced budget multiplier theorem.
The significance of this theorem is that the national income increases only by the amount of the increase
in tax financed government spending under a balanced budget. To explain, let
∆T = 10
∆G = 10
∆Y = (KTa) × ∆T
= (- 3.00) × (10)
= – 30.00
∆Y = (KG) ∆G
= 4.00 × 10 = 40.
Total increase in income due to an increase in taxes by 10 under the balanced budget, thus, is given as
(-30) + (40) = 10. That explains the significance of the theorem.
In our analysis of equilibrium of a three-sector economy, we assumed that taxation is purely autonomous
in character. The assumption was intended to simplify the model at its introduction stage. Now that the
purpose is served, we relax the assumption and take taxation in its most common form, the one in which
it is a function of income..
The equation describes it as a function of income comprising of two components, one, purely
autonomous (Ta) and the other, purely progressive (tY) in character. A tax is termed as progressive when
its rate increases with increasing income.
The incomes for the purpose are divided into several income-slabs with the lowest slab subjected to the
lowest rate of taxation and the highest, to the highest rate. When incomes, high or low, are subjected to
the same rate, taxation is termed as proportional and when incomes up to a certain slab are subjected to
progressive taxation and thereafter to proportional taxation, the system of taxation is termed as a
digressive one. Income tax in India, for example, is a digressive tax. Returning to the tax function,
T = Ta + tY
Where, Ta is autonomous component and ‘t’, the rate of tax and ‘Y’, the income. Aggregate demand (AD)
under purely progressive component, tY transforms as
156 Public Finance and National Income
AD = C + Ia + G
= Ca + bYd + Ia + G
= Ca + b[Y – (T – R)] + Ia + G
= Ca + b [Y – T + R] + Ia + G
= Ca + b [Y – tY + R] + Ia + G
= C + bY – btY + bR + Ia + G
AS =Y
For equilibrium, AD = AS = Y.
Hence,
Y = Ca+ bY – btY + bR + Ia + G
(1 – b + b t)Y = Ca + b R + Ia + G
Y = 1 / (1 – b + bt) [Ca + bR + Ia + G]
Equation 6.26 gives the equilibrium level of income, with the following multipliers
dY / dG = 1 / (1 – b + bt)
dY / dIa = 1 / (1 – b + bt)
dY / dR = b / (1 – b + bt)
Apart from the above, with which the reader is already familiar, we have yet another multiplier, the tax
rate multiplier, given as
= -bY / (1 – b + bt)
AD = C + Ia + G
= Ca + bYd + Ia + G
= Ca + b [Y – (Ta + tY – R)] + Ia + G
= Ca + b [Y – Ta – tY + R] + Ia + G
AS = Y
Y = Ca + bY – bTa – btY + bR + Ia + G
= (1 – b +bt)Y = Ca – bTa + bR + Ia + G
This gives the equilibrium level of income, with the following multipliers
dY / dG = 1 / (1 – b + bt)
dY / dIa = 1 / (1 – b + bt)
dY / dR = b / (1 – b + bt)
dY / dTa = -b / (1 – b + bt)
Hence, we have
In part (A) of this section, we showed that the sum of the government expenditure multiplier (dY/ dG) and
the tax multiplier (dY / dTa) is 1 under autonomous taxation,
dY / dTa + dY / dG = 1
Let us have an illustration to demonstrate the three-sector model with digressive taxation.
158 Public Finance and National Income
Illustration
C = 2000 + 0.80 Yd
Ia = 500
G = 400
R = 100
T = 100 + 0.25 Y
Determine:
1. Equilibrium level of Income, tax revenue, disposable income, consumption and savings
2. Relevant multipliers
We shall now show how national income is determined in an open economy. For this, we relax the
assumptions that there are no exports or imports and government expenditures. This means that we shall
have to add imports and exports and government expenditures and taxation in our analysis.
It may be noted that government expenditures are like investment because they raise the demand for
goods. They are injections in the national income. On the other hand, taxes are leakages in the national
income like savings because they tend to reduce the demand for consumer goods.
The impact of exports and imports is similar to that of the government expenditure. Exports are injections
because they increase the demand for goods in the same economy. Imports, on the other hand, are
leakages in the national income because they represent the supply of goods to the given economy.
Assumptions:
The analysis of the determination of income in an open economy is based on the following
assumptions:
160 Public Finance and National Income
1. The domestic economy’s international trade is small relative to total world trade.
7. Exports (A), investment (I) and government expenditure (G) are autonomous.
8. Consumption (C), imports (M), savings (S) and taxes (I) are each a fixed proportion of national income
(Y) and their relationships with national income are linear.
Given these assumptions, an open economy is in equilibrium when its national expenditure (E) is equal to
its national income (Y).
This can be shown in the following equation for the equilibrium level of income:
Y= E=C+I+G+(X-M)
But Y = C+S+T
C+S+T= C+I+G+(X-M)
In the above analysis, C+S+T is gross national income (GNI) and C+I+G+(X-M) is gross national
expenditure (GNE). Thus the equilibrium level of income in an economy is determined when aggregate
supply, GNI=GNE, aggregate demand, or, C+S+T=C+I+G+(X-M).
National Income Accounting: 161
Self-Examination Questions
Question 1
You are given the following data of a country:
Tshs
’Billions’
4 Corporation tax 80
Question 2
You are given the following data of a country:
Tshs’
Billions’
7 Corporation taxes 25
Question 3
You are given the following data of a country:
Tshs’Billions’
1 Net indirect tax 5
2 Net domestic fixed capital formation 100
3 Net exports (20)
4 Gov.: final consumption expenditure 200
5 Net current transfer from abroad 15
6 Private final consumption expenditure 600
7 Change in stock 10
8 Net factor from abroad 5
9 Gross domestic fixed capital formation 125
Required
Calculate national income and gross national disposable income.
Question 4
You are given the following data of a country:
Tshs’Billions’
1 Net indirect taxes 90
2 Compensation of employers 400
3 Personal taxes 100
4 Operating surplus 200
5 Corporation profit tax 80
6 Mixed income of self-employed 500
National Income Accounting: 163
Question 5
(a) Measures of national income and output are used in public finance to estimate the value of
goods and services produced in the country. They use a system of national accounts or national
accounting. Some of the more common measures are Gross National Product (GNP), Gross
Domestic Product (GDP), Gross National Income (GNI), Net National Product (NNP) and Net
National Income (NNI).
Required:
(i) Briefly explain THREE approaches on how the above measures can be obtained.
(ii) Why these approaches give the same results?
(iii) Under what circumstances they may produce the different results.
(b) Gross National Product (GNP) per person is often regarding as a measure of a person’s welfare.
Countries with higher GNP may score highly on other measures of welfare, such as life
expectancy. However, there are serious limitations to the usefulness of GNP as a measure of
welfare.
REQUIRED
Briefly explain five of such limitations.
Question 6
Amount
(millions)
Rent 120
Subsidies 165
Profits 315
Question 7
Using the following national income accounting data, compute (a) GDP, (b) NDP, (c) NI.
Question 8
National Income Accounting: 165
(a) Calculate the national income and personal disposable income from the following information
Billions
GDPMmp 6,000
Receipts of factor income from the rest of the world 150
Receipts of factor income to the rest of the world 225
Depreciation 800
Indirect taxes minus subsidies 700
Corporate profits 1,200
Dividends 600
Transfer payments to persons 1,300
Personal taxes 1,500
(b) Calculate Net Domestic Product at Market Prices and National Income, from the following data
Billion
Subsidies 10
Sales 1,000
Closing stock 100
Indirect taxes 50
Intermediate consumption 300
Opening stock 200
Consumption of fixed assets 150
Net factor income from abroad 10
Question 9
(a) Discuss four factors which should be considered when comparing national income statistics from
different countries.
(b) Explain the concepts of leakages and injection from the circular flow of income.
Question 10
Explain how Tanzania’s Gross Domestic Product (GDP) could be affected by any two of the following.
(i) An increase in Child Benefit payments.
(ii) A foreign-owned company, operating in Tanzania, sends back to their home country all the
profits they have earned in Tanzania.
(iii) An oil spill off the Tanzania coast costs the Tanzania Government significant clean-up costs.
Question 11
(a) Describe the problem of ‘double counting’ when compiling National Income statistics
(b)
(a) Given that Gross National Product at Current Market Prices is Tshs 200b, price subsidies
Tshs 5b, depreciation Tshs 12b and indirect taxes Tshs 30b.
(b) Calculate the value of each of the following: Show all your workings.
(i) Gross National Product at Factor Cost;
(ii) Net National Product at Factor Cost/National Income.
(c) State and explain four reasons why care should be taken when using National Income Statistics
as a measure of economic performance of a country.
166 Public Finance and National Income
Question 12
Economists use Gross Domestic Product (GDP) and Gross National Product (GNP) as measures of
economic activity.
a) Define each of the underlined terms.
b) Which of these terms do you consider to be a more useful measure of economic activity
for Tanzania? Explain your answer.
c) Discuss three limitations of national income statistics.
Question 13
The following is the hypothetical data that relates to the Tanzania economy for the year ended 30 th June,
2018 (All figures are in billion TZS):
Question 14
Below, is the information extracted from the accounts of a certain manufacturing enterprise. These data
can be related in some way with the national accounts data in order to determine the contribution of the
enterprise to the Gross Domestic Product (GDP):
Tshs.
Opening stock of intermediate inputs 5,000,000
Purchases 100,000,000
Sales 200,000,000
Manufacturing cost of complete work transferred to finished 145,000,000
goods stock
Closing stock (intermediate goods) 15,000,000
Factory wages 50,000,000
Opening stock (inventories of goods produced) 22,500,000
Closing stock (inventories of goods produced) 17,500,000
Cost of sales 145,000,000
Gross profit 55,000,000
Salaries 15,000,000
Sales wages 10,000,000
Interest 5,000,000
Depreciation 7,500,000
Rent 2,500,000
Net profit 15,000,000
National Income Accounting: 167
Required:
Question 15
(a) National income accounting is a set of methods and principles used for measuring an economy’s
overall performance, focusing especially on the overall level of production of goods and services.
Required:
Discuss why it is important to analyse the National Income Accounts of a Country.
(b) (i) Discuss the extent to which government policies influence Gross
Domestic Product (GDP) and National Income (NI) of a country. Give examples in the
context of Tanzania.
(ii) Show the limitation of Gross Domestic Product (GDP) application.
Question 16
In a single day Mr. Jiriani, the barber, collects TZS.50,000 from haircuts, over this day, his equipment
depreciates in value by TZS.5,000 of the remaining TZS.45,000 Mr. Jiriani pays value added tax worth
TZS.3,000 takes home TZS.20,000 and retains TZS.22,000 for improvement and buying of new
equipment. He further pays TZS.20,000 as income tax from his income.
Required:
Based on this information, compute Mr. Jiriani’s contribution to the following measures of income:
(i) Gross Domestic Product.
(ii) NNP at Market Price.
(iii) NNP at Factor Cost.
Question 17
The table below shows the national income of a country in 2018. Use the data to answer the questions
that follow:
Currency units in
billions’
Personal consumption 3,657
Depreciation 400
Wages 3,254
Indirect business taxes 500
Interest 530
Domestic investment 741
Government expenditures 1,098
Rental income 17
Corporate profit 341
Subsidies 15
168 Public Finance and National Income
Exports 673
Net foreign factor income 20
Proprietor’s income 403
Imports 704
Required:
Calculate the:
(i) Gross Domestic Product (GDP) using expenditure approach
(ii) Gross Domestic Product (GDP) using income approach
(iii) Net Domestic Product (NDP)
(iv) Determine the National Income at factor cost from the Net National Product (NNP)
Question 18
For each of the three approaches of estimating national income, state one limitation which may affect the
estimates.
Question 19
All individuals and entities within an economy are influenced by the economic production and growth in a
country, which is the Gross Domestic Product (GDP) of that country. In a bad economy, businesses
would make lower profits, leading to a bad influence on the stock market. On the other hand, in a good
economy, there is a high level of employment and higher income which results to higher Gross National
Product (GNP).
Therefore, appropriate measures need to be taken in the country to improve the GNP, which in turn will
result in improving the economy of a country. As the economic policies for a country are decided by the
government, it plays a very important role in the growth of a country’s economy”.
Required:
Discuss how government policies influence the GNP and the National Income of a country.
Answer to SEQ 1
(i) Private Income = 1 – 2- 3 + 5 + 9
5050 – 500 – 100 + 200 + 80
5430 – 500
Private Income = Tshs 4,930 billions
(ii) PDI = Private Income – 4 -10 -7
4930 -80 -500 -150
PDI = Tshs 4,200 billions
Answer to SEQ 2
(i) Private Income = 1 + 5 + 7 -9 + 10 + 12
= 300 + 20 + 15 -30 + 40 + 05
Private Income = Tshs 350 billions
Answer to SEQ 3
(i) National Income (NNP FC)
= (4) + (6) + (2) + (7) + (3) = NDP MP
= 200 + 600 + 100 + 10 + (-20)
= 910 -20 = 890
NDP MP = Tshs 890 billions
NNP FC = NDP MP + (8) – (1) = 890 + 5 -5
NNP FC = 890
Depreciation = (9) – (2)
125 – 100 = Tshs 25 billions
(ii) GNDI = NNP FC + Net Indirect Tax + Net Current transfers from abroad + depreciation
= 890 = 05+ 15 + 25
GNDI = Tshs 935 billions
Answer to SEQ 4
Net national Disposable Income
NDPfc = (2) + (4) + (6)
400 + 200 + 500 = Tshs 1100 billions
NNDI = NDP fc + (12) + (1) + (11)
=1100 + (-50) + 90 + 20
NNDI = 1210 – 50
= Tshs 1160 billions
Personal Income
Private Income = NDP FC –(8) – (10)
1160 -40 – 30= Tshs 1,090 billions
1090 + 7 + 9 +11 +12
1090 + 70 + 60 + 20 + (-50) = 1,190 billions
Personal income = Private Income – Corporation Profit Tax – Savings of private corporate
Sectors
1190 – 80 – 20= Tshs 1,090 billions
Answer to SEQ 5
(a)
(i) There are various ways of calculating national income and out fact:
The expenditure approach determines aggregate demand, or Gross National Expenditure,
by summing consumption, investment, government expenditure and net exports.
The income approach and the closely related output approach summing wages, rents,
interest, profits, non-income charges, and net foreign factor income earned.
Product approach.
170 Public Finance and National Income
(ii) The three methods must yield the same result because total expenditures on goods and
services (GNE) must by definition equal the value of goods and services produced (GNP)
which must equal total income paid to the factors that produced the goods and services
(GNI).
(iii) They may produce different result under two circumstances:
Timing
Similar timing issues can also cause a slight discrepancy between the value of goods produced
(GDP) and the payments to the factors that produced the goods, particularly if inputs are
purchased on credit.
(i) Measures of GNP typically exclude unpaid economic activity, most importantly domestic
work such as childcare. This leads to distortions; for example, a paid childminder’s income
contributes to GNP, but an unpaid parent’s time spent caring for children will not, even
though they are both carrying out the same economic activity.
(ii) GNP takes no account of the inputs used to produce the output. For example, if everyone
worked for twice the number of hours, then GNP might roughly double, but this does not
necessarily mean that workers are better off as they would have less leisure time. Similarly,
the impact of economic activity on the environment is not measured in calculating GNP.
(iii) Comparison of GNP from one country to another may be distorted by movements in
exchange rates. Measuring national income at purchasing power parity may overcome this
problem at the risk of overvaluing basic goods and services, for example subsistence
farming.
(iv) GNP does not measure factors that affect quality of life, such as the quality of the environment
(as distinct from the input value) and security from crime. This leads to distortions – for example,
spending on cleaning up an oil spill is included in GNP, but the negative impact of the spill on
well-being (e.g. loss of clean beaches) is not measured.
(v) GNP is the mean wealth rather than median wealth. Countries with a skewed income
distribution may have a relatively high per-capital GNP while the majority of its citizens have
a relatively low level of income, due to concentration of wealth in the hands of a small
fraction of the population.
Answer to SEQ 6
1. GDP from the expenditure approach GDP = Consumption + Govt. Expenditure + Investments +
(Exports - Imports)
GDP = 750 + 250 + 120 + 30 + 60 + (10 - 25) = 1,195
2. GDP from the income approach
GDP = Wages + Interest + Rent + Profits + Depreciation + Indirect taxes – Subsidies
GDP = 750 + 115 + 120 + 315 + 25 + 35 - 165 = 1,195
3. GNP = GDP + (Net Payment from Abroad)
= GDP + Payments Received from Abroad – Payments to Foreigners
National Income Accounting: 171
= 1,195 - 45 + 60 = 1,210
4. Net National Product (NNP)
= NNP = GNP – Depreciation
= 1,210 - 25 = 1,185
5. National Income (NI)
NI = Wages + Profits + Interests + Rents + Net Payment from Abroad
= 750 + 315 + 115 + 120 - 45 + 60 = 1,315
Answer to SEQ 7
4. Personal consumption expenditures (C) 219.1m
Government purchases (G) 59.4m
Gross private domestic investment (Ig) 63.9m
(52.1 + 11.8)
Net exports (Xn) (17.8 - 16.5) 1.3m
Gross domestic product (GDP) 343.7m
Answer to SEQ 8
(i)
(i) National income is Net National product at factor cost
N1 or NNP =GDPmp –Depreciation-Net Indirect Taxes +Net Factor income from
abroad
=6,000-800-700+ (150-225)
=6,000-1,500-75
=6,000-1,575
= 4,425
(ii) Personal disposable income=National income-Retained corporate profits +Transfers
payments to persons-personal Taxes
=4425-(1200-600)+1300-1500
=4425-600+1300-1500
=3625
(ii) NDPmp and National income be obtained through value added method.Net domestic product at
market price is the sum of net value added by all enterprises in the economy.
Value of output =Sales +change in stock
=900-300-150
=450
National income (NNPfc) =NDPfc- Net Indirect Taxes +Net Factor income from abroad
=450-(50-10) +10
Net value added (NVA) at market prices (NDPmp)=Value of output-intermidiate consumption-
consumption of fixed fixed capital
=900-300-150
172 Public Finance and National Income
=450
National income (NNPfc) =NDPfc- Net Indirect Taxes +Net Factor income from abroad
=450-(50-10) +10
=450-40+10
=420
Answer to SEQ 9
(i) Population/ Should be done on a per capita basis The population in different countries
must be considered with changes in national income when assessing a country’s economic
performance. If national income grows at a slower rate than population, then income per
head decreases and the average standard of living will fall. Per capita income is a more
meaningful measure of living standards than national income.
(ii) The price levels / levels of inflation An increase in prices will increase national income but
standard of living may fall. So changes in national income must be compared with changes in
prices to consider the impact on standard of living / economic performance. GDP at constant
prices is a better indicator of economic growth than GDP at market prices.
(iii) Common currency/ Must express each countries National Income in a common
currency This conversion is usually by means of foreign exchange rates which are based on
the prices of internationally traded goods and services/ Usually done in US dollar. Non-
internationally traded goods and services form a greater part of the national product of LDCs.
So these national income statistics would be understated.
(iv) Distribution of national income and poverty within each country National Income
statistics give headline figures as to the overall economic performance. Further research
needs to be undertaken to find how income is distributed. E.g., two countries might have the
same level of GNP. However, the income distribution might be very different in both countries
with consequences for the welfare of the citizens.
(v) Size of the black economy The black economy is excluded from the calculation of national
income. The value of unreported transactions is difficult to ascertain, thus underestimating
the level of national income.
(vi) Nature of government expenditure / statistics ignore economic wellbeing A country
which spends a small amount on military equipment and a larger amount on health,
education etc. will have a better standard of living than one where the reverse is the case i.e.
much of its wealth is on armaments. There is a large difference in terms of relative economic
well-being between the two countries yet the National Income data doesn’t reflect this
difference.
(vii) Government services at cost price / Non- marketable goods and services Government
services are included at cost while private services are included at selling price. A country
where the government provides many services will record a lower GDP / national income.
(viii) Issues specific to individual countries which affect the standard of living in different
countries: Climate /pollution/working conditions etc.
(b) Leakages are the withdrawals from the circular flow of income. The household sector does not
put all their income in business sector, some income is put aside in the form of saving, some is
paid to government in the form of taxes and some is used to buy goods from other countries.
Thus, the savings (S), taxes (T) and imports (M), collectively are called as leakages from the
circular flow of income. Injections into the circular flow are additions to the circular flow from
other sectors. This includes investment from business sector, government spending and
income from exports to other countries An economy is in equilibrium when: injections = leakages
Answer to SEQ 10
(i) An increase in Child Benefit payments.
This has no impact on GDP Child benefit is a transfer payment i.e. it is a payment for which
no good or service is given in return. It is therefore not included in GDP. It is financed
through taxation and has no impact on GDP.
(ii) A foreign-owned company, operating in Tanzania, sends back to their home country all the
profits they have earned in Tanzania.
There will be no impact on the calculated figure for GDP when the foreign-owned company
sends back to their home country all the profits. GDP measures the value of all production in
Tanzania regardless of who owns the productive assets. Thus profits earned by a foreign-
owned company in Tanzania are included in GDP. However, the returned profits will be part
(i) An increase in Child Benefit payments.
This has no impact on GDP Child benefit is a transfer payment i.e. it is a payment for which
no good or service is given in return. It is therefore not included in GDP. It is financed
through taxation and has no impact on GDP.
National Income Accounting: 173
(ii) A foreign-owned company, operating in Tanzania, sends back to their home country all the
profits they have earned in Tanzania.
There will be no impact on the calculated figure for GDP when the foreign-owned company
sends back to their home country all the profits. GDP measures the value of all production in
Tanzania regardless of who owns the productive assets. Thus profits earned by a foreign-
owned company in Tanzania are included in GDP. However, the returned profits will be part
of net factor income from abroad and will lower the GNP figure.
(iii) An oil spill off the coast costs the Tanzania Government significant clean-up costs.
This will increase GDP. The extra spending by the Government on environmental clean-up
is added to GDP. GDP does not take into account environmental degradation.
Answer to SEQ 11
(a) ‘Double counting’ occurs if the expenditure on intermediate goods is included in the calculation
of national output. When measuring economic activity using the output method, care needs to
be taken to distinguish between final and intermediate goods to avoid the problem of double
counting. Sometimes it is very difficult to distinguish between intermediate and final goods/To
avoid the problem of double counting statisticians could include the final value of all finished
goods, with the value of intermediate goods excluded or sum the value added at each stage of
production/As a good goes through the various stages of production, it increases in value and it
is this increase in value which is included in the national income accounts
(b)
(i) Gross National Product at Factor Cost
GNP at Market Prices + Price Subsidies – Indirect Taxes = GNP at Factor Cost
Tshs 200 million + Tshs 5 million – Tshs 30 million = Tshs 175 million*
(ii) Net National Product at Factor Cost/National Income
GNP at Factor Cost – Depreciation = NNP at FC
Tshs 175 million* – Tshs 12 million = Tshs 163 million
(c)
(i) Population changes
If national income grows at a slower rate than population, then national income per head
decreases and the average standard of living will fall. Hence population changes must be
considered with changes in national income when assessing a country’s economic
performance.
(ii) Inflation/deflation
An increase in prices will increase national income but standard of living may fall. So,
changes in national income must be compared with changes in prices to determine the
impact on standard of living / economic performance.
(iii) Employment / Unemployment
If a person is unemployed rising national income will not necessarily mean that this person’s
average standard of living is rising.
(iv) Levels of taxation
When considering a person’s standard of living one should take into account rates of income
tax and levels of indirect tax within the country. An increase in either of these may result in a
drop in a person’s standard of living.
(v) Levels of social welfare
For a person who is unemployed the rates of social welfare payable is of more relevance that
the average standard of living in the country.
(vi) Measures flow of wealth not welfare
Rising GNP may be accompanied by changing working/living conditions which may cause a
loss of welfare e.g. more traffic congestion and so a person’s standard of living may fall.
(vii) Hidden social costs attached to increases in national income. If a firm increases output
national income increases. However, a hidden cost may be increased pollution etc.
(viii) Distribution of national income. If increases in national income make their way into the
pockets of a small minority, there may be no improvement in the standard of living of the
whole community.
(ix) Exclusion of important activities from calculation of national income.
The black economy is excluded from the calculation of national income. The work of
housewives & voluntary activities is also excluded. Such activities are important to the
welfare of its citizens.
national income increases. However, a hidden cost may be increased pollution etc.
(vii) Hidden social costs attached to increases in national income. If a firm increases output
(viii) Distribution
national income of increases.
national income.
However,Ifaincreases in may
hidden cost national income make
be increased theiretc.
pollution way into the
pockets of a small minority, there may be no improvement in the standard of living of the
(viii) Distribution of national income. If increases in national income make their way into the
174 Public Finance whole
and National Income
community.
pockets of a small minority, there may be no improvement in the standard of living of the
(ix) Exclusion of important activities from calculation of national income.
whole community.
The black economy is excluded from the calculation of national income. The work of
(ix) Exclusion of important activities from calculation of national income.
housewives & voluntary activities is also excluded. Such activities are important to the
The black economy is excluded from the calculation of national income. The work of
welfare of its citizens.
housewives & voluntary activities is also excluded. Such activities are important to the
(x) Nature of its
welfare thecitizens.
goods produced
A country which spends a small amount on military equipment and a large amount on health,
(x) Nature of the goods produced
education etc. will have a better standard of living that one where the reverse is the case.
A country which spends a small amount on military equipment and a large amount on health,
(xi) Government
education etc.services
will have at cost price.
a better standard of living that one where the reverse is the case.
(xi) Government services are included
Government services at cost price. at cost while private services are included at selling price.
A country where the government provides many services will record a lower GDP / national
Government services are included at cost while private services are included at selling price.
income
A country where the government provides many services will record a lower GDP / national
income
Answer to SEQ 12
(a)
Answer to SEQ 12
(a) GDP Gross Domestic
measures the value Product can beand
of all goods defined as the
services total output
produced in theproduced
country inbythetheperiod.
factorsIt of
is
production
the fundamental in the domestic
measureProduct
of economic economy irrespective
activity. of whether the factors are owned by
Gross Domestic can be defined as the total output produced by the factors of
Tanzania
The difference nationals
between or foreigners.
GDP and GNP is significant in Tanzania as the
NFIA is a relatively large
production in the domestic economy irrespective of whether factors are owned by
Gross
negative in National
Tanzania’s Product
case. is
Tanzania nationals or foreigners. defined as the total output produced (value of goods and
NFIA services) bybecause
Tanzania theowned factors of by
production in Tanzania and elsewhere. It is a
isGross
negative
National Product profits
is earned
defined as the MNCs
total and
output repatriated
produced (valueback to
of their
goodshome and
countriesmeasure
exceedofthethe income
profits accruing
earned to a country’s
by factors
Tanzania residents.
services) by Tanzania owned of MNCs located
production abroad and
in Tanzania andreturned to Tanzania
elsewhere. It is a
(b) and the interest payments on Tanzania debt held by non-residents also cause the ‘Net Factor
measure of the income accruing to a country’s residents.
(b) GNP
Income = GDP
from +Net Factor
Abroad’ Income
figure from Abroad (NFIA)
to be negative.
The
GNPnet repatriation
= GDP of profits
+Net Factor Incomeandfrom
the interest repayments on the national debt to non-residents
Abroad (NFIA)
are both outflows hence GDP is consistently and considerably larger than GNP in Tanzania.
(c)
(i) Population distortions
Population changes must be considered with changes in national income when
assessing a country’s economic performance. If national income grows at a slower rate
than population, then average income per head may decrease and the average standard
of living may fall. Per capita income may be a more meaningful measure of living
standards than national income.
(ii) Constant prices and current prices / Inflation
An increase in prices will increase national income but the standard of living may fall. So
changes in national income must be compared with changes in prices to consider the
impact on standard of living / economic performance. GDP calculated at constant prices
is a better reflection of economic growth than GDP at market prices.
(iii) Hidden social costs attached to increases in national income / externalities
involved
If a firm increases output national income increases. However, a hidden cost may be
increased pollution etc. Positive and negative externalities such as congestion, waste
disposal and attractiveness of areas are excluded.
(iv) Distribution of national income and poverty
National Income statistics give headline figures as to the overall economic performance.
Further research needs to be undertaken to find how income is distributed. e.g., two
countries might have the same level of GNP. However, the income distribution might be
very different in both countries with consequences for the welfare of its citizens.
(v) Shadow economy transactions not measured
The black economy is excluded from the calculation of national income. The value of
unreported transactions is difficult to ascertain thus underestimating the level of national
income.
(vi) Nature of the goods produced
A country which spends a small amount on military equipment and a larger amount on
health, education etc. will have a better standard of living than one where the reverse is
the case i.e. much of its wealth is on armaments. There is a large difference in terms of
relative economic well-being between the two countries yet the National Income data
doesn’t reflect this difference.
Answer to SEQ 13
health, education etc. will have a better standard of living than one where the reverse is
the case i.e. much of its wealth is on armaments. There is a large difference in terms of
relative economic well-being between the two countries yet the National Income data
doesn’t reflect this difference.
National Income Accounting: 175
Answer to SEQ 13
Computation of the national income:
National income (Billions of TZS)
Answer to SEQ 14
Calculation of GDP
(i) According to income method
GDP = Wages (W) + Rent (R) + Depreciation (D) + Profit (P)
Rent = = 2,500,000
Depreciation = = 7,500,000
Sales 200,000,000
Answer to SEQ 15
(a) National income accounting is important for the following reasons:
1. It studies where the income is being generated and how it is spent.
2. It helps calculate the total production of final goods and services in the country. Thus, it
Contribution to GDP 105,000,000
176 Public Finance and National Income
Answer to SEQ 15
(a) National income accounting is important for the following reasons:
1. It studies where the income is being generated and how it is spent.
2. It helps calculate the total production of final goods and services in the country. Thus, it
provides useful insight into how well the economy is functioning.
3. It helps assess the health of the economy by comparing the output per person across
countries and across time periods.
4. It helps in assessing the effectiveness of the economic policies of a country.
(b) (i) The government policies influence the GDP and the NI (National Income) of a country
in many ways.
Some of these are explained below (Candidates are expected to give examples in each
point):
1. Education and health care policies: increase investment in this sector contributes
in improving the quality of human capital of a country which results in increased
production. When production increases, the national income also increases and
therefore GDP increases. It is important that a government aims to increase the
quality of its workforce by increasing educational and professional training
opportunities.
2. Institutional infrastructure: improvements in the institutional infrastructure of the
country in areas such as law and order, judiciary system, banking and insurance
sector and stable and efficient government organizations are important to GDP
growth.
3. Infrastructure policies: improvement in the physical infrastructure of the country is
fundamental to supporting economic activity and encouraging GNP growth. It
includes development of roads, railway lines, airlines, bridges, dams, power
generation plants etc.
4. Social policies: strong policies to reduce unemployment, to control population, to
improve social security, to make better education available, to formulate good
environmental policies etc. play a vital role in the development of a country’s economy
and therefore have a significant impact on GNP.
(ii) Limitations of GDP are:
1. GDP does not account for non-market activities. GDP does not include productive
activity that does not have a market transaction. For example, unpaid domestic
services such as housework, do-it-yourself home improvements etc. are not
considered while measuring the GDP.
2. GDP does not account for the value of leisure. Leisure contributes to the quality of
life. A country could increase its output (and GDP) if its people worked all seven days
of the week. However, having more products might not mean people are better off if
they have no leisure time to enjoy them.
Answer to SEQ 16
Given value added taxes = TZS.3,000 Personal tax = TZS.2,000
Answer to SEQ 17
(i) Gross Domestic Product (GDP) using expenditure approach
GDP = Y = C + 1 + G + NX
Answer to SEQ 17
(i) Gross Domestic Product (GDP) using expenditure approach
GDP = Y = C + 1 + G + NX
Y = 5,465 billions
= 5,465 – 400
= 5,065 Billions
(iv) National Income at factor cost from the Net Domestic Product (NDP)
National Income at factor cost = NDP at market price – Indirect taxes + Subsidies
= 5,065 – 500 + 15
= 4,580 Billions
Answer to SEQ 18
Three approaches of estimating national income and one limitation for each
Limitation:
178 Public Finance and National Income
(1) How to account for subsistence output/producers’ own consumption. These are
goods produced and used by their producers/not exchanged for money. Activities
of subsistence sector usually take place outside the market, hence, difficult to
establish their monetary values.
(2) Double counting – some firms produce outputs that are used as other inputs by
other firms and these other firms in turn produce outputs that are used as inputs by
yet other firms.
2nd Approach of estimating national income: Income approach
Limitation: Focus on items or factors of production, i.e. focuses on the flows of
payments of services or primary factors. Hence, excludes some items from income on
grounds that they do not add value in a product or service. In other words, the approach
is not detailed in terms of production function as ‘transfer payment income’ such as
social security benefits, pension, grants, gifts, relief payment etc. are excluded
(1) Private consumption does not necessarily depend on market, hence, difficult to
estimate national income perfectly.
(2) Difficult to capture spending by non profit making institutions or other informed
sectors.
(3) Private expenditure excludes purchases of assets which are not part of current
production.
(4) Government output is typically valued at cost rather than at the market value.
Answer to SEQ 19
Way through which governments Policies influences GDP and NI
(i) Education and health care policies: increased investment in this sector contributes in improving
the quality of human capital of a country which results in increased production. When production
increases, the national income also increases and therefore GNP increases. It is important that a
government aims to increase the quality of its workforce by increasing educational and professional
training opportunities.
(ii) Institutional infrastructure: improvements in the institutional infrastructure of the country in areas
such as law and order, judiciary system, banking and insurance sector and stable and efficient
government organizations are important to GNP growth.
(iii) Infrastructure policies: improvement in the physical infrastructure of the country is fundamental to
supporting economic activity and encouraging GNP growth. It includes development of roads,
railway lines, airlines, bridges, dams, power generation plant etc.
(iv) Social policies: strong policies to reduce unemployment, to control population, to improve social
security, to make better education available, to formulate good environmental policies etc. Play a
vital role in the development of a country’s economy and therefore have a significant impact on
GNP.
SECTION B: TAX LAWS,
B1
SECTION B
Taxation in Tanzania is administered by the Tanzania Revenue Authority. The Tanzania Revenue
Authority (TRA) was established by Act of Parliament No. 11 of 1995, and started its operations on 1st
July 1996. In carrying out its statutory functions, TRA is regulated by law, and is responsible for
administering impartially various taxes of the Central Government. Other taxes are administered through
Local Government Authorities in their respective jurisdictions.
In this Study Guide, we review the historical background of the establishment of Tanzania Revenue
Authority, its functions in tax administration, tax administered by the TRA the tax administration
provisions relating to tax consultants in Tanzania.
1. Explain
1. Explain
the historical
the historical
background
background
of TRAofestablishment;
TRA establishment;
explainexplain
the functions
the functions
of the of
TRA;
the identify
TRA; identify
the TRA
thedepartments
TRA departments
and their
androles
their in
roles
tax in
administration;
tax administration;
identify
identify
the taxes
the taxes
administered
administered
by theby
TRA.
the TRA.
[Learning
[Learning
outcome
outcome
a, b, ca,
andb, c
d]and d]
1. The 1. Historical
The Historical Background
Background Of TRA OfEstablishment
TRA Establishment
Substantial
Substantial
reform reform
efforts efforts
have beenhave madebeen to made
improve
to improve
taxationtaxation
in Tanzania.
in Tanzania.
In 1969In Sales
1969 Tax Saleswas Tax was
introduced
introduced
followed followed
by newby Income
new Income
Tax ActTax in 1973.
Act inThe1973. government
The government
abolished abolished
some excise
some excise
duty and dutyin and in
1979 and1979 export
and export
duty induty 1989.in In
1989.
1989Inthe
1989 government
the government re-introduced
re-introduced
the abolished
the abolished
excise excise
duty. After
duty. After
nearly 30
nearly
years 30ofyears
independence,
of independence,
in 1989,in the
1989,
government
the government saw thesaw needthetoneed
make tothorough
make thorough
review review
of its of its
tax administration
tax administrationestablishments
establishments
and taxand structure.
tax structure.
There a There
Presidential
a Presidential
CommissionCommission
was formedwas formed
to to
study and
studyreview
and review
the existing
the existing
central central
and localandgovernment
local government tax systems
tax systems
and its and
administration
its administration
and make and make
recommendations
recommendations to the government.
to the government.
The Commission
The Commission recommended,
recommended,
among amongother things,
other things,
the need thefor
needwidening
for widening
of tax base,
of tax reducing
base, reducing
tax tax
rates and
ratesintroducing
and introducingValue Added
Value AddedTax (VAT)
Tax to(VAT)replace
to replace
sales taxsales
andtax excise
and excise
duty. The duty.
government
The government
implemented
implemented
the recommendations
the recommendations in the 1992/93
in the 1992/93
budget budget
and experienced
and experienced
significant
significant
fall in tax
fallrevenues
in tax revenues
collections
collections
in that year.
in thatTheyear.
major
Thereasons
major reasons
for the for
fall the
were fallnoted
wereto noted
be fall
to in
berevenues
fall in revenues
collected collected
throughthrough
sales and
salesexcise
and excise
taxes and taxesimport
and duties.
import duties.
It was learnt
It was that
learntthethat
rates
thewere
ratesreduced
were reduced
withoutwithout
widening widening
the the
base andbasetheandtax the
administration
tax administration
departmentsdepartments
were not werestrengthened
not strengthened
enoughenoughto handleto handle
the reforms
the reforms
given given
the short
theduration.
short duration.
During During
this time thistax
time
administration
tax administrationwas underwas three
under department
three department
of the of Ministry
the Ministry
of of
Finance:Finance:
Sales Tax Sales Department,
Tax Department,
Customs Customs
DepartmentDepartment
and Incomeand Income
Tax Department;
Tax Department;as such, asfell
such,
within
fell within
the normal
the normal
civil service
civil service
framework.framework.
Due toDue
the to
noted
the weaknesses
noted weaknesses
in the intaxthe
administration
tax administration
and taxand policy
tax formulation,
policy formulation,
widespread
widespread
tax tax
aversion,
aversion,
the desire
the desire
to limittopolitical
limit political
interference
interference
and toand
freetotax
free
administration
tax administration
from civil
fromservice
civil service
constraints,
constraints,
Tanzania
Tanzania
Revenue Revenue
AuthorityAuthority
was established
was established
throughthrough
the Acttheof Act
Parliament
of Parliament
in 1995in and
1995 and
becamebecame
operational
operational
in 1 July
in 1992.
1 July 1992.
Test Yourself
Test Yourself
1 1
When reviewing
When reviewing
the fiscal
thehistory
fiscal history
of Tanzania,
of Tanzania,
especially
especially
betweenbetween
1989 and
1989
1993,
andwhat
1993,dowhat
you do
findyou
to be
find to be
the likely
thereasons
likely reasons
for the establishment
for the establishment
of TRA?of TRA?
2. The2. Functions
The Functions
Of TheOfTRAThe TRA
TRA was TRAestablished
was established
on 31st on
July311995
st Julyas
1995
an autonomous
as an autonomous
agencyagency
of the government
of the government
of Tanzania;
of Tanzania;
it it
becamebecame
operational
operational
in 1 July1996
st in 1 July1996
st under the
under
supervision
the supervision
of the Ministry
of the Ministry
of Finance
of Finance
and Economic
and Economic
affairs. affairs.
The general
The general
aim of aim
establishing
of establishing
TRA wasTRAto was
bringtoefficiency
bring efficiency
in revenue
in revenue
administration
administration
and and
collection.
collection.
Since1996TheTanzaniaRevenueAuthorityhasbeenperformingthefollowingfunctionsasprescribedinthe
Since1996TheTanzaniaRevenueAuthorityhasbeenperformingthefollowingfunctionsasprescribedinthe
establishment
establishment
Act -The
Act
Tanzania
-The Tanzania
RevenueRevenue
Authority
Authority
Act, Section
Act, Section
5(1) (a)):
5(1) (a)):
To implement
To implement
tax lawstax
in laws
orderintoorder
assess,
to assess,
collect and
collect
account
and account
the collected
the collected
tax revenue;
tax revenue;
To ensure
To ensure
effective,
effective,
fair andfair
efficient
and efficient
administration
administration
of unionoftax
union
laws;
tax laws;
To monitor
To monitor
and ensure
and ensure
the collection
the collection
of otheroftaxes
othernot
taxes
collected
not collected
by it butbythe
it but
revenue
the revenue
is for union
is for union
government.
government.
To advise the Minister and other relevant organs regarding suitability of fiscal policy;
To encourage voluntary tax compliance;
To increase taxpayers’ services given by revenue departments to increase revenues collection;
To take actions against tax evasion and avoidance;
To provide trade statistics and publications on a quarterly basis; and
To perform other functions as direct by the minister of finance.
3. TRA Departments And Their Roles In Tax Administration
Basically there are four main TRA departments responsible in tax administration and management
namely; Domestic revenue department, Large Taxpayers department, Customs & Excise department
and Tax Investigation department. All the departments are manned by Commissioners who in turn
advise the Minister
To encourage voluntaryandtaxother relevant organs regarding suitability of fiscal policy;
compliance;
encourage
To increase voluntaryservices
taxpayers’ tax compliance;
given by revenue departments to increase revenues collection;
increase
To take actions against services
taxpayers’ tax evasiongiven byavoidance;
and revenue departments to increase revenues collection;
take actions
To provide tradeagainst taxand
statistics evasion and avoidance;
publications on a quarterly basis; and
Tax Administration in Tanzania: 181
provide trade
To perform other statistics
functionsand publications
as direct on a quarterly
by the minister basis; and
of finance.
3. TRAToDepartments
perform other functions
And Their as direct
Roles by In
theTax
minister of finance.
Administration
3. Basically
TRA Departments
there are four And
main Their
TRA Roles In Tax
departments Administration
responsible in tax administration and management
BasicallyDomestic
namely; there arerevenue
four main TRA departments
department, responsible
Large Taxpayers in tax administration
department, and management
Customs & Excise department
namely;
and Tax Domestic
Investigationrevenue department,
department. Large
All the Taxpayersare
departments department,
manned by Customs & Excise who
Commissioners department
in turn
and Tax
report Investigation
to the Commissioner department.
GeneralAll departments are manned by Commissioners who in turn
of the Authority.
report to the Commissioner General of the Authority.
Large Taxpayers Department
Large
The LTDTaxpayers
was formed Department
with the view to administer taxes from large taxpayers. The department has more
The LTD
than was formed
400 taxpayers whowith the viewaround
contribute to administer
70% of taxes fromrevenues
domestic large taxpayers. The department has more
than 400 taxpayers who contribute around 70% of domestic revenues
Domestic Revenues Department
Domestic
The Revenues
integration of VATDepartment
and Income Tax Departments was implemented in July 2005 whereby the DRD
The integration
was formed. Theofdepartment
VAT and Income Tax Departments
administers was implemented
taxes from medium in July 2005
and small taxpayers. whereby for
It accounts theabout
DRD
was formed.
30% The department
of the domestic revenue. administers taxes from medium and small taxpayers. It accounts for about
30% of the domestic revenue.
Customs and Excise Department
Customs
The and Excise
department Department
administers international trade taxes and accounts for 42% of total TRA collections.
The department administers international trade taxes and accounts for 42% of total TRA collections.
Tax Investigation Department
Tax Investigation
The Department is to minimize the occurrence of tax fraud through identification and
department responsibility
The department
investigation responsibility
of fraudulent cases,is collecting
to minimize the occurrence
evaded of tax fraud through
taxes and recommending identification
prosecution and
of offenders
investigation
with a view toof fraudulent
improve cases, collecting
compliance evaded taxes and recommending prosecution of offenders
with tax laws.
with Taxes
4. a view to improve compliance
Administered By The withTRA
tax laws.
4. Taxes Administered By The TRA
TRA administers Central Government taxes. These include:
TRA administers Central Government taxes. These include:
Capital Gain: This is a tax charged on gains made when a person realizes an interest in land or
buildings. A person is treated as realizing an interest in an asset when the person parts with ownership of
such interest including when it is sold, exchanged, transferred, distributed, cancelled, redeemed,
destroyed or surrendered and in the case of interest of an entity when it ceases to exist, immediately
before the entity ceases to exist.
1.3 VAT
It is a consumption tax charged on taxable goods, services immovable property of any economic activity
whenever value is added at each stage of production and at the final stage of sale. VAT is charged on
both locally produced goods and services and on imports.
1.3 VAT
It is a consumption tax charged on taxable goods, services immovable property of any economic activity
whenever
182 Tax value is added
Laws, Administration and at each stage
Practice of production and at the final stage of sale. VAT is charged on
in Tanzania
both locally produced goods and services and on imports.
2. Explain the concept of tax compliance; explain the tax administration provisions
2. Explain the concept of tax compliance; explain the tax administration provisions
relating to tax consultants in the Tax Administration Act 2015 and describe Taxpayer’s
relating to tax consultants in the Tax Administration Act 2015 and describe Taxpayer’s
Charter.
Charter.
[Learning outcome e, f and g]
[Learning outcome e, f and g]
Voluntary compliance;
Forced/Involuntary compliance
Tax Administration
Voluntary Compliance: Situation where by taxpayers and their in Tanzania:
advisors faithfully abide by183 the
requirements of the tax laws without compulsion.
Benefits:
Education to taxpayers through interview; radio, TV’s seminars/ workshops/ training; publication, etc.
Assist the tax payers, e.g tax consultant may assist in the completion of the returns, identifying the
due dates and related penalties, etc.
Cooperation of other government agencies, departments, ect.
Definition
Tax Consultants (or professional, practitioner, advisor) is a person recognized by TRA as sufficiently
qualified to provide professional service consistent with tax legislation.
A person shall not practice or (in return of a payment) hold out to be an Income Tax Consultant unless
the person is an approved tax consultant. The provision prohibits any person, including authorized
accountants, or auditors to practice as tax consultants until the Commissioner for domestic revenue
legally registers such person. Indeed TRA exercises elaborate oversight functions on tax consultants.
Tax consultant’s duties include representing taxpayers before a tax administration concerning tax payers’
rights, privileges or liabilities and preparing documents to be filed before the tax Authority. In order to
ensure that tax practitioners’ are capable of playing the role expected of them, their conducts is
typically regulate under the law in different countries.
1.10 Registration
A person shall not practice as a Tax Consultant unless that person has been registered as a tax
consultant by the Commissioner General. The individual shallbe registered and approved to offer his
services after a successful application to the Commissioner General. The application shall be made by
filling aprescribed form and payment of the prescribed fees.
Tip
An entity cannot be registered as a tax consultant. Only individual may be registered. Registered
individual(s) on behalf of entities take(s) full responsibility for the misconducts of other tax consultants of
the entity as well as other employees of the entity.
The Commissioner General shall register every person who has made an application and meets the
following conditions:
An entity cannot be registered as a tax consultant. Only individual may be registered. Registered
individual(s) on behalf of entities take(s) full responsibility for the misconducts of other tax consultants of
the entity as well as other employees of the entity.
184 Tax Laws, Administration and Practice in Tanzania
The Commissioner General shall register every person who has made an application and meets the
following conditions:
Academic qualifications
Bachelor: The applicant shall be a holder of a degree in accountancy, finance, financial management,
commerce, economics, customs and tax management or laws awarded by any university or other
recognized institution of higher learning
Postgraduate: Where the applicant does not hold the above bachelor degree, then he/she needs to hold
a postgraduate diploma in tax management or equivalent qualification as may be recognized by the
Commissioner General.
The applicant shall also be a person of good reputation, has sufficient knowledge and experience with
matters regulated under tax laws, his professional and general conduct render him fit and proper person
to be registered.
For purpose of assessing an applicant’s qualifications and expertise, the Commissioner General may
require the applicant to take an examination or other forms of assessment.
The Commissioner shall grant an applicant an approval as a tax consultant within thirty days from the
date of receipt of application. The approval as a tax consultant issued shall expire after a period of two
years from the date of approval, and may be renewed. A person registered and approved as tax
consultant shall be issued with a certificate of registration and approval as the case may be.
1.11 Deregistration
The Commissioner General shall deregister any tax consultant upon:
occurrence of the death of the tax consultant;
a tax consultant tendering a resignation to cease to practice as a tax consultant;
leaving the country without an intention to return to the United Republic;
conviction of a criminal offences carrying a maximum penalty of a fine of not less than thirty five
currency points or imprisonment;
becoming bankrupt;
expiry of approval of the tax consultant without being renewed;
occurrence of gross professional misconduct by the tax consultant;
the Commissioner General receiving recommendation of the Committee of the Inquiry under
regulation 12(6)(c); or
Breaching any of the conduct and behavior of tax consultants
Self-Examination Questions
Question 1
recommendations with efficiency was too short. That’s partly why the revenues declined in 1992/93 FY.
The tax administration during the time also proved to be very inefficient due to widespread tax evasion
and lacked independence from political interference as the departments were sections in the Ministry of
Finance. Therefore, establishment of effective and efficient tax administration organ which will be
independent from the political interference was initiated and Tanzania Revenue Authorityinwas
Tax Administration later 187
Tanzania:
enacted in 1995.
Self-Examination Questions
Question 1
What are the minimum conditions for registration of an individual as a tax consultant?
Question 2
What are the tax administration duties of the four functional departments of the TRA?
Question 3
Tanzania Revenue Authority (TRA) was established on 31st July 1995 as an autonomous agency of the
government of Tanzania; it became operational on 1st July 1996 under the supervision of the Ministry of
Finance. The general aim of establishing TRA was to bring efficiency in revenue administration and
collection.
Required:
Analyse the role of the Tanzania Revenue Authority (TRA
Answer to SEQ 1
The minimum registration conditions include a bachelor degree in business related studies, economic or
law; or a postgraduate diploma in taxation. Also an applicant shall provide proof of reasonable
expertise/experience in taxation and good reputation and professional conduct.
Answer to SEQ 2
The four main TRA departments are Domestic revenue department, Large Taxpayers department,
Customs & Excise department and Tax Investigation department. Large Taxpayers Department
administers taxes from large taxpayers. Domestic Revenues Department administers taxes from medium
and small taxpayers. Customs and Excise Department administers international trade. Tax Investigation
Department responsibility is to minimize the occurrence of tax fraud through identification and
investigation of fraudulent cases, collecting evaded taxes and recommending prosecution of offenders
with a view to improve compliance with tax laws.
Answer to SEQ 3
TRA was established on 31st July 1995 as an autonomous agency of the government of Tanzania; it
became operational in 1st July 1996 under the supervision of the Ministry of Finance and Economic
affairs. The general aim of establishing TRA was to bring efficiency in revenue administration and
collection. Since 1996 the Tanzania Revenue Authority has been performing the following roles as
prescribed in the establishment Act – The Tanzania Revenue Authority Act, Section 5(1)(a):-
(i) To implement tax laws in order to assess, collect and account the collected tax revenue;
(ii) To ensure effective, fair and efficient administration of union tax laws;
(iii) To monitor and ensure the collection of other taxes not collected by it but the revenue is
for union Government.
(iv) To advise the Minister and other relevant organs regarding suitability of fiscal policy;
(v) To encourage voluntary tax compliance;
(vi) To increase taxpayers’ services given by revenue departments to increase revenues
collection;
(vii) To take actions against tax evasion and avoidance;
(viii) To provide trade statistics and publications on a quarterly basis; and
(ix) To perform other functions as directed by the minister of finance.
(x) Goals/objectives of TRA may also be accommodated when mentioned.
188 Tax Laws, Administration and Practice in Tanzania
B2
SECTION B
The tax administration in any country shall be governed by law. Therefore, a person shall not be charged
tax unless there is a clear legal provision requiring the person to be charged such tax. In other words, a
tax charge must be established by law.
In this Study Guide we review the sources of tax laws i.e. where we can derive the legal rulings related to
tax chargeability and tax administration in general. The Guide will also introduce the doctrines followed in
interpreting these legal provisions.
DescribeDescribe
the different
the different
sourcessources
of Tax Laws
of TaxinLaws
Tanzania;
in Tanzania;
and identify
and identify
the general
the general
rules for
rules
interpretation
for interpretation
of tax laws.
of tax laws.
[Learning
[Learning
outcomeoutcome
a and b]a and b]
1. The1.
Different
The Different
Sources
Sources
Of Tax Of
Laws
TaxIn
Laws
Tanzania
In Tanzania
The sources
The sources
of income
of tax
income
laws tax
arelaws
the following:
are the following:
1. Statutes
1. Statutes
A statuteA is
statute
a formal
is a written
formal enactment
written enactment
(act) of (act)
a parliament
of a parliament
of a particular
of a particular
state governing
state governing
various various
taxation taxation
for that state.
for thatIt state.
is a primary
It is a primary
authorityauthority
on matterson matters
of income of tax,
income
yet tax,
mustyetbemust
constitutional.
be constitutional.
In In
Tanzania,Tanzania,
tax statutes
tax statutes
are made areupmade
of both
up the
of both
principal
the principal
legislations
legislations
and the and
subsequent
the subsequent
Finance Finance
Acts Acts
which amends
which amends
the principal
the principal
legislation
legislation
from timefrom
to time.
time Usually
to time. the
Usually
Finance
the Finance
Acts areActs
passed
are during
passedtheduring the
annual parliamentary
annual parliamentary
budget sessions.
budget sessions.
TanzaniaTanzania
Tax Statutes
Tax Statutes
The following
The following
are tax statutes
are tax statutes
applicableapplicable
in Tanzania:
in Tanzania:
Tax Administration
Tax Administration
Act 2015Act 2015
Income Tax
Income
Act Cap.
Tax Act
332Cap.
Revised
332 Revised
Edition 2008
Edition 2008
The ValueTheAdded
ValueTax
Added
Act,Tax
2014 Act, 2014
The PortThe
Service
Port Charges
Service Charges
Act Cap Act264Cap 264
The MotorThevehicle
Motor(Tax
vehicle
Registration
(Tax Registration
and Transfer)
and Transfer)
Act cap 124
Act cap 124
The Airport
TheService
Airport Charges
Service Charges
Act Cap Act
365Cap 365
The Road TheandRoad
Fueland
TollFuel
Act Cap.220
Toll Act Cap.220
The StampTheDuty
StampActDuty
Cap.Act
189Cap. 189
The EastTheAfrican
EastCommunity
African Community
CustomsCustoms
Management
Management
(Amendment)
(Amendment)
Act, 2011
Act, 2011
The EastTheAfrican
EastCommunity
African Community
CustomsCustoms
Management
Management
Act, 2004
Act,
(Revised)
2004 (Revised)
The Gaming
The Gaming
Act, Cap.Act,
41 Cap. 41
Vocational
Vocational
EducationEducation
And Training
And Training
Act, Cap.Act,
82 Cap. 82
The Foreign
The Vehicle
Foreign Transit
VehicleCharges
Transit Charges
Act, Cap.84
Act, Cap.84
The TaxTheRevenue
Tax Revenue
Appeals Appeals
Act Cap.Act
408Cap. 408
The Hotels
TheActHotels
Cap.Act
105Cap. 105
The Tanzania
The Tanzania
RevenueRevenue
AuthorityAuthority
Act Cap.399
Act Cap.399
The Oil and
TheGasOil and
Revenues
Gas Revenues
ManagementManagement
Act, 2015Act, 2015
The UrbanTheAuthorities
Urban Authorities
(Rating) (Rating)
Act, CAPAct,
289CAP 289
2. Regulations
2. Regulations
The principal
The principal
legislation
legislation
allows the
allows
Minister
the Minister
responsible
responsible
with tax with
administration
tax administration
[in this case,
[in this
thecase,
Minister
the Minister
of Finance]
of Finance]
to prepare
to prepare
regulations
regulations
where necessary
where necessary
as additional
as additional
provisions
provisions
with respect
with to
respect
tax laws
to tax
for laws for
the better
the
implementation
better implementation
of the principles,
of the principles,
purposespurposes
and provisions
and provisions
of the principal
of the principal
Acts. The Acts.
regulations
The regulations
usually carry
usually
thecarry
samethe authority
same authority
as that ofasthe
that
principal
of the principal
act. act.
TanzaniaTanzania
Tax Regulations
Tax Regulations
3. Practice Notes
The Commissioner
3. Practice Notes responsible with tax administration is allowed by the respective principal Acts to
prepare practice
The Commissioner notes to achieve
responsible withconsistency in the administration
tax administration is allowed byof the
the respective
principal actprincipal
and to Acts
provide
to
guidance to persons
prepare practice affected
notes by it.consistency
to achieve The practice
in notes usually carryofthe
the administration thesame authority
principal as that
act and of the
to provide
principal
guidanceact.
to persons affected by it. The practice notes usually carry the same authority as that of the
principal act.
4. Case Laws
These
4. Caseare sets of rules of law which have been established based on previous court cases. Basically,
Laws
previous courts’
These are sets of decisions
rules ofset
lawprecedence
which havethat may
been be used tobased
established judge on
subsequent
previous similar cases.Basically,
court cases. Where a
legal case is decided today (by the High Court or Court of Appeal), it becomes an authority
previous courts’ decisions set precedence that may be used to judge subsequent similar cases. Where over which
a
similar subsequent
legal case cases,
is decided todaypresided
(by the in anyCourt
High other or
court of law
Court or tribunal
of Appeal), in that particular
it becomes jurisdiction,
an authority may
over which
be decided
similar on the authority
subsequent of such previous
cases, presided case.
in any other court of law or tribunal in that particular jurisdiction, may
be decided on the authority of such previous case.
Test Yourself 1
Differentiate
Test Yourselfbetween
1 a Regulation and a Principal Act
Differentiate between a Regulation and a Principal Act
Notwithstanding the dominance of strict construction some judges took different approaches:
Ϯ͘ŽŶƚĞdžƚƵĂůŶĂůLJƐŝƐ
Other courts rejected the narrow literalism of strict construction in favour of a contextual approach to the
interpretation of statutes language. In this case, judges adhere to the literal construction unless the
Notwithstanding the dominance of strict construction some judges took different approaches:
Ϯ͘ŽŶƚĞdžƚƵĂůŶĂůLJƐŝƐ
Other courts rejected the narrow literalism of strict construction in favour of a contextual approach to the
interpretation of statutes language. In this case, judges adhere to the literal construction unless the
context renders it plain that such a construction cannot be put on the words.
ϯ͘'ŽůĚĞŶZƵůĞ
The third alternative to strict construction is the Golden Rule. It stipulates that courts can depart from the
literal words of a statute to avoid the absurdity and inconsistency but no father.
The plain meaning of a statute is the “ordinary or natural meaning.” By natural meaning, it is meant a
commonsense meaning. By ordinary meaning it is meant an idiomatic sense that is the same way that
ordinary people in common usage might speak or use the word.
Test Yourself 2
Answer to TY 1
The principal legislation and the Act have the same effect, however they are different. The principal
legislation refers to written statutes passed by the parliament that govern a particular subject e.g. income
taxation. On the other hand the regulations refer to standards and rules set-up by the Minister showing
how the principal legislation shall be enforced. Its provisions when read holistically indicate the context
Where the literal meaning of words is to be deported from it must be clear that the literal meaning
does not give effect to the intention of the legislature that a departure from the literal meaning
will.
The literal meaning will be departed from where it gives rise to an operation that is capricious or
irrational. Sources of Tax Laws and Its Interpretations: 193
The Court cannot construe a provision, in a manner, which violates the Constitution.
Answer to TY 1
The principal legislation and the Act have the same effect, however they are different. The principal
legislation refers to written statutes passed by the parliament that govern a particular subject e.g. income
taxation. On the other hand the regulations refer to standards and rules set-up by the Minister showing
how the principal legislation shall be enforced. Its provisions when read holistically indicate the context
and objectives of the law. For the Minister to have legal grounds to institute regulations, the principal
legislation shall provide for it.
Answer to TY 2
The Strict Construction doctrine relies on the literal meaning of words to interpret the provisions of law. It
ignores the context, objects of law and intentions of the parliament. The Plain Meaning Rule, on the other
hand, considers both the ordinary meaning of the text as well as the context of the matter, objectives of
the law, and the intentions of the parliament in interpretation of the law. However, the Plain Meaning Rule
provides precedence to the ordinary and natural meaning of the text unless it is ambiguous in which case
the court shall consider the context, objects of the law and intention of the parliament to get the meaning
out of laws.
Self-Examination Questions
Question 1
Explain the differences between the four doctrines for interpretation of tax laws by focusing on how they
give preference to wording of the text on one hand and context, objects of the law and intention of the
parliament on the other hand.
Question 2
Briefly explain the principles for interpretation of tax laws derived from the case of Cooper Brookes
(Wollongong) Pty Limited vs. Commissioner of Taxation [1980] 147 CLR 297 presided in the
Australian High Court.
Answer to SEQ 1
Strict Construction gives precedence to literal meaning of words of the law and completely ignores the
context, objects of the law and intention of the parliament.
Purposive interpretation gives precedence to the context, objects of the law and intention of the
parliament. Therefore, it interprets word of the law in light of the context, objects of the law and intention
of the parliament.
Plain meaning rule gives precedence to the ordinary meaning of the words of the law but consider the
context, objects of the law and intention of the parliament where the ordinary meaning of the words is
ambiguous.
Words-in-total context approach gives precedence to both wording and the context, objects of the law
and intention of the parliament.
Answer to SEQ 2
The Australian High Court has synthesized all the doctrines; in the case of Cooper Brookes (Wollongong)
Pty Limited Vs Commissioner of Taxation [1980] 147 CLR 297; into the following principles:
The fundamental rule of interpretation is to ascertain what the parliament intended as expressed
in the words it has used;
Context is vital. Sections are not to be construed in isolation
Where the language of a statute is clear and unambiguous and consistent with the context it
must be given its ordinary and grammatical meaning, even if the result is incontinent.
Where two constructions are open the court will prefer the construction that avoids
inconvenience or injustice.
Where the literal meaning of words is to be deported from it must be clear that the literal meaning
does not give effect to the intention of the legislature that a departure from the literal meaning
context, objects of the law and intention of the parliament where the ordinary meaning of the words is
ambiguous.
Words-in-total context approach gives precedence to both wording and the context, objects of the law
194 Tax Laws, Administration and Practice in Tanzania
and intention of the parliament.
Answer to SEQ 2
The Australian High Court has synthesized all the doctrines; in the case of Cooper Brookes (Wollongong)
Pty Limited Vs Commissioner of Taxation [1980] 147 CLR 297; into the following principles:
The fundamental rule of interpretation is to ascertain what the parliament intended as expressed
in the words it has used;
Context is vital. Sections are not to be construed in isolation
Where the language of a statute is clear and unambiguous and consistent with the context it
must be given its ordinary and grammatical meaning, even if the result is incontinent.
Where two constructions are open the court will prefer the construction that avoids
inconvenience or injustice.
Where the literal meaning of words is to be deported from it must be clear that the literal meaning
does not give effect to the intention of the legislature that a departure from the literal meaning
will.
The literal meaning will be departed from where it gives rise to an operation that is capricious or
irrational.
The Court cannot construe a provision, in a manner, which violates the Constitution.
B3
Tax Avoidance and Evasion: 195
SECTION B
For many years individuals have found imaginative ways of avoiding liability to tax. Large companies
employ highly skilled tax planners in a bid to legally reduce their overall tax liability. There have been
many instances of individual’s under-declaring their income to reduce their tax liability. The question here
is whether these activities constitute tax avoidance or tax evasion.
1.0 Differentiate
1.0 Differentiate
between
between
tax avoidance
tax avoidance
and evasion;
and evasion;
explain
explain
main main
causes
causes
of taxof tax
avoidance
avoidance
and evasion;
and evasion;
and Identify
and Identify
general
general
practices
practices
through
through
whichwhich
a taxpayer
a taxpayer
can can
eliminate
eliminate
or minimize
or minimize
tax liability
tax liability
throughthrough
tax avoidance
tax avoidance
and evasion.
and evasion.
[Learning
[Learning
outcome
outcome
a, b and
a, bc]and c]
1. Differentiate
1. Differentiate Between BetweenTax Avoidance
Tax Avoidance And Evasion
And Evasion
Tax evasion
Tax evasion
is a deliberate
is a deliberate
act by act
an by
individual
an individual
or company
or company
to mislead,
to mislead,
misinform
misinform
or otherwise
or otherwise
mis- mis-
state their
statetax
their
position
tax position
to the toTanzanian
the Tanzanian
IncomeIncome
tax authorities
tax authorities
in order
in to
order
evade
to evade Tax evasion
taxes. taxes. Tax evasion
is illegal
is illegal
and is and
punishable
is punishable
by hefty byfines
heftyand
fines
imprisonment.
and imprisonment.
Tax avoidance
Tax avoidanceis legal. It involves
is legal. It involves
the arrangement
the arrangement
of individuals’
of individuals’
or companies’
or companies’
tax affairs
tax affairs
in a way
in a way
which which
reduces reduces
the taxthe liability.
tax liability.
For example,
For example,
using incentivized
using incentivized
tax savings
tax savings
schemes schemes
OR establishing
OR establishing
an offshore
an offshore
company company
in a taxin haven
a tax haven
or by forming
or by forming
a limited
a limited
company company
to availtoofavail
more of favourable
more favourable
tax tax
deductions.
deductions.
Tax incidence
Tax incidence
can becan reduced
be reduced
through through
tax avoidance
tax avoidance
or tax evasion.
or tax evasion.
Tax evasion
Tax evasion
and avoidance
and avoidance
are are
pervasive
pervasive
in all countries
in all countries
worldwideworldwide
and taxandsystems
tax systems
are striving
are striving
towards towards
reduction.
reduction.
1.1 Tax
1.1
evasion
Tax evasion
Tax evasion
Tax evasion
involves
involves
efforts efforts
by individuals,
by individuals,
firms, trusts
firms, and
trusts
other
and entities
other entities
to evade
to evade
the payment
the payment
of taxes
of taxes
by breaking
by breaking
the laws.
the Itlaws.
is anIt intentional
is an intentional
and fraudulent
and fraudulent
attemptattempt
to escape
to escape
payment
payment
of taxes
of in
taxes
whole
in whole
or or
part. part.
Tax evasion
Tax evasion
usuallyusually
entailsentails
taxpayers
taxpayers
deliberately
deliberately
misrepresenting
misrepresenting
or concealing
or concealing
the true
thestate
true of
state
theirof their
affairs affairs
to the tax
to the
authorities
tax authorities
to reduce
to reduce
their tax
their
liability,
tax liability,
and includes,
and includes,
in particular,
in particular,
dishonest
dishonest
tax reporting
tax reporting
(such as(such
under
as declaring
under declaring
income,income,
profits profits
or gains;
or gains;
or overstating
or overstating
deductions).
deductions).
1.2 Tax1.2
avoidance
Tax avoidance
Tax avoidance
Tax avoidance
is the legal
is theexploitation
legal exploitation
of the of
taxthe
region
tax region
to one’s
to own
one’sadvantage
own advantage
to attempt
to attempt
to reduce
to reduce
the the
tax payable
tax payable
using means
using means
that are
that
within
are within
the lawthe
while
law making
while making
a full disclosure
a full disclosure
of the of
material
the material
information
information
to the tax
to the
authorities.
tax authorities.
Tax avoidance
Tax avoidance
is any is
legal
anywaylegal
ofway
reducing
of reducing
the amount
the amount
of tax payable – involving
of tax payable – involving
a sensible
a sensible
arrangement
arrangement
of the taxpayers’
of the taxpayers’
affairs affairs
so as tosominimise
as to minimise
the liability
the liability
to tax. to
Alltax.
activities
All activities
must remain
must remain
legal atlegal
all times.
at all times.
It It
is the is
utilisation
the utilisation
of “taxofloopholes”
“tax loopholes”
within within
the legislation
the legislation
in an ingenious
in an ingenious
way, thereby
way, thereby
affording
affording
the taxthe tax
payer, payer,
legally,legally,
a favourable
a favourable
tax position.
tax position.
Sometimes
Sometimes
avoidance
avoidance
is considered
is considered
as amoral
as amoral
dodgingdodging
of one’sof one’s
responsibilities
responsibilities
to society
to society
or rightorofright of
every citizen
every citizen
to find to
allfind
the all
legaltheways
legalto
ways
avoid
to paying
avoid paying
too much
too tax.There
much tax.There
is no moral
is no obligation
moral obligation
to paying
to paying
maximummaximum
tax. Onetax.isOne
supposed
is supposed
to paytonot
pay
morenot and
morenotand
less
notthan
lesswhat
thanthe
whatlawthesays.
law Examples
says. Examples
of tax of tax
avoidance
avoidance
are: taxare:
deductions,
tax deductions,
changing
changing
one’s business
one’s business
structure
structure
throughthrough
incorporation,
incorporation,
or establishing
or establishing
an offshore
an offshore
company company
in a tax in haven.
a tax haven.
(Ref. IRC
(Ref.v.IRC
Dukev. of
Duke
Westminster
of Westminster
(1936)(1936)
19 TC19 490,
TC1936AC1;
490, 1936AC1;
AyshireAyshire
PullmanPullman
Motor Services
Motor Services
and Rirchie
and Rirchie
v. IRC v.
(1929)
IRC (1929)
14 TC 14754)TC 754)
Definition
Tax resisters are the ones who refuse to pay tax because they do not want to support the government or
some activities carried out by the government and sometimes breaking the law do so-hence practicing
tax evasion.
Some tax resisters may donate their unpaid tax to charities and/or some make creative deductions; their
basis for resisting is not against the tax laws, neither are they motivated by the derive to keep their
money. The issue is they don’t want to pay for what they oppose (e.g. against huge defense budget)
Definition
Some have suggested tax avoidance for people who adopt the tax avoidance techniques in the service
of tax resistance – thereby doing tax resistance legally-hence practicing tax avoidance.
tax
someevasion.
activities carried out by the government and sometimes breaking the law do so-hence practicing
tax evasion.
Some tax resisters may donate their unpaid tax to charities and/or some make creative deductions; their
basis
Some fortax resisting
resisters is
may notdonate
against theunpaid
their tax laws, neither
tax to are and/or
charities they motivated
some make by creative
the derive to keep their
deductions;
money.
basis forThe issue isisthey
resisting not don’t want
against theto tax
paylaws,
for what they are
neither oppose
they(e.g. againstby
motivated Tax
huge Avoidance
thedefense and
budget)
derive to Evasion:
keep their 197
money. The issue is they don’t want to pay for what they oppose (e.g. against huge defense budget)
Definition
Definition
Some have suggested tax avoidance for people who adopt the tax avoidance techniques in the service
of tax resistance
Some – thereby
have suggested tax doing tax resistance
avoidance for peoplelegally-hence
who adopt thepracticing tax avoidance.
tax avoidance techniques in the service
of tax resistance – thereby doing tax resistance legally-hence practicing tax avoidance.
i] Transfer Pricing
This is an economic term which refers to the valuation process for transactions between related
entities/persons. Improper transfer pricing methods lead to unjustified profit transfers. For
example, artificially deflated or inflated prices on transactions would reduce or increase the
taxable profits of associated companies.
v] Sheltering of Income
This is done by receiving incomes in tax havens Jurisdiction. These are jurisdictions with lower
tax rates or no tax charge at all.
2.0 Explain the ways that can be employed to minimize tax avoidance
and evasion; discuss statutory measures against tax avoidance in
Tanzania; an describe judicial anti-avoidance doctrines
[Learning outcome d, e and f]
iv] Administrative Approach – there possibility to control tax avoidance is left to the discretion of the
tax authority. see s. 33(2); 34(1); 35(1).
Self-Examination Questions
Question 1
Which is legal and permitted: tax avoidance or tax evasion?
Question 2
What are the strategies used by taxpayers to evade tax? (5 marks)
Question 3
What are the reasons cited as excuses for tax evasion? (7 marks)
Question 4
(a) Distinguish between ‘tax evasion’ and ‘tax avoidance’.
(b) Enumerate at least five ways through which tax evasion and tax avoidance are committed.
Question 5
The problem of tax avoidance and evasion is inherent in all tax systems. In fact, tax avoidance and
evasion are as old as the taxes themselves and the Tanzanian taxation system is not exception to the
fact.
Required:
;ĂͿ Briefly discuss the effects of tax evasion and avoidance in Tanzania
;ďͿ With examples, discuss international and national perspective of tax evasion and avoidance.
;ĐͿ Briefly discuss measures taken by the government of the United Republic of Tanzania to deal
with the problem of tax evasion and avoidance.
Answer to SEQ 1
Tax avoidance is legal and permitted whereas tax evasion is illegal.
Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their
affairs to the tax authorities to reduce their tax liability, and includes, in particular, dishonest tax reporting
(such as under declaring income, profits or gains; or overstating deductions).
Tax avoidance is the legal exploitation of the tax region to one’s own advantage to attempt to reduce the
tax payable using means that are within the law while making a full disclosure of the material information
to the tax authorities.
Answer to SEQ 2
i] Tax payers may avoid tax by making a false return of income by omitting income or overstating
expenses.
ii] Tax payers also evade tax by preparation or maintenance of false books of accounts or records.
This may involve manipulation of stock sheets and valuations, destruction of or defacing of
accounting records, non-issue of sales receipts etc.
iii] The importers purport to evade customs duty by (a) under-invoicing and (b) mis-declaration of
quantity and product-description. When there is ad valorem import duty, the tax base is reduced
through under-invoicing. Mis-declaration of quantity is more relevant for products with specific
duty.
Answer to SEQ 2
i] Tax payers may avoid tax by making a false return of income by omitting income or overstating
expenses.
ii] Tax payers also evade tax by preparation or maintenance of false books of accounts or records.
Tax Avoidance and Evasion: 201
This may involve manipulation of stock sheets and valuations, destruction of or defacing of
accounting records, non-issue of sales receipts etc.
iii] The importers purport to evade customs duty by (a) under-invoicing and (b) mis-declaration of
quantity and product-description. When there is ad valorem import duty, the tax base is reduced
through under-invoicing. Mis-declaration of quantity is more relevant for products with specific
duty.
iv] Smuggling is importation or exportation of foreign products through unauthorized route.
Smuggling is resorted to for total evasion of leviable customs duties as well as for importation of
contraband items.
v] Traders who collect VAT from the consumers may evade tax by under-reporting the amount of
turnover.
Answer to SEQ 3
i] Low quality of the service in return for taxes
In general, citizens expect some kind of service or benefit in return for the taxes paid.
If the government fails to provide basic public goods and services or provides them insufficiently,
citizens may not be willing to pay taxes and tax evasion and avoidance will be the consequence
Answer to SEQ 4
Tax evasion
of tax fraud. The lack of sufficient capacities in tax administrations reduce the probability of
detection that again influences the decision of a taxpayer as to whether evade or not.
Additionally, the legal frame-work is an important prerequisite for any enforcement activity. For
example, the size and nature of penalties that are incurred after evasion has been detected is
202 Tax Laws, Administration and Practice in Tanzania
directly connected to the level of tax compliance
Answer to SEQ 4
Tax evasion
Tax evasion on the other hand involves a tax payer’s deliberate contravention of the tax laws in
order to eliminate or minimize tax liability. It is the application of fraudlent practices in order to
minimize or eliminate tax liability. For example:
- Making a false return of income
- Making a false statement in a return affecting tax liability
- Preparation and maintenance of false books of account or records
(b) There are several ways of committing tax fraud that include
1. Keeping two sets of books to record business transactions. One records the actual business
transactions while the other is falsified intentionally understating the taxable amount which is
shown to the tax authorities. Some evaders use two cash registers.
2. Moonlight for cash. Working an extra job is perfectly legal. However, the income received
on such jobs is often paid in cash rather than by cheque. Hence, no legal record exists, and
the income is not reported to the tax authorities.
3. Barter. When you receive payment in kind instead of money, it is legally a taxable
transaction. However, such income is seldom reported.
4. Deal in cash. Paying for goods and services with cash and cheques made out to “cash”
makes it very difficult for the tax authorities to trace transactions.
5. Under-invoicing of imports.
6. Under-reporting of income especially where income is earned and paid in cash to hide
transactions or exchanged in a barter way – receiving payment in kind instead of money.
7. Smuggling. Refers to business transactions which are done illegally and therefore not
subjected to the requirements of paying taxes.
8. Money Laundering. Deals with dirty money which is normally covertly cleansed through legal
business transactions.
1. Less Government revenue: for provision of public goods, deficits and its consequences.
- Non realization of other non-revenue goals of taxation e.g. inequality.
1. Less Government revenue: for provision of public goods, deficits and its consequences.
- Non realization of other non-revenue goals of taxation e.g. inequality.
3. Unfair competition.
Answer to SEQ 5
Tax avoidance is a practice and technique used by tax payers to minimize the taxpayer’s tax
burden without going against the tax laws. Tax avoidance takes place within the legal context
of the tax system that individuals or firms take advantage of the tax code and exploit
“loopholes”, i.e. engage in activities that are legal but run counter to the purpose of the tax law.
Usually, tax avoidance encompasses special activities with the sole purpose to reduce tax
liabilities. An example for tax avoidance is strategic tax planning where financial affairs are
arranged such in order to minimize tax liabilities by e.g. using tax deductions and taking
advantage of tax credits.
In contrast evasion on the other hand is a practice and technique used by tax payers to
minimize tax liability by contravening tax laws. In general tax evasion refers to illegal practices
to escape from taxation. To this end, taxable income, profits liable to tax or other taxable
activities are concealed, the amount and/or the source of income are misrepresented, or tax
reducing factors such as deductions, exemptions or credits are deliberately overstated.
Both tax evasion and avoidance aim at reducing the taxpayer’s tax burden. As tax can be used
to achieve a number of objectives, a high degree of tax avoidance and evasion may hinder the
achievement of taxation objectives, both revenue and non revenue objectives. This included
Serious government revenue short falls which may bring about budget deficits that may
ultimately lead into foreign loans grants dependency causing heavy foreign debt burden
plus unfavorable conditions attached to grants.
Serious government revenue short falls which may bring about budget deficits that may
ultimately
204 Tax Laws, Administration and lead intoinforeign
Practice loans grants dependency causing heavy foreign debt burden
Tanzania
plus unfavorable conditions attached to grants.
The international dimension of tax evasion and avoidance can be divided into two stylized strands:
On the one side, one can find – legal or natural – persons taking advantage of differences in tax
laws or rates and the resulting tax liabilities between countries resulting in attempts to shift tax
liabilities to low-tax countries. This starts with efforts to reduce tax payments in a private
environment, e.g. tax-induced cross-border shopping and tank-tourism, and ends with the flight
of financial capital to low tax destinations or tax havens.
On the other side, the international dimension of tax evasion and avoidance covers all kinds of
tax evasion and avoidance activities which occur as a result of international trade, the
international division of labour, and international competition for foreign investment. In this
field, one can find multinational enterprises’ (MNE) tax driven shifting of profits, tax evasion and
avoidance against the background of investment incentives and special enterprise zones, as
well as various kinds of VAT and tariff fraud accompanying international trade in goods and
services.
Besides the international perspective there also exists a national dimension. This relates to all
incidents in which individuals or firms evade or mitigate taxes within their country of residence
while no transactions with companies or individuals abroad are involved. The national
perspective comprises incomes and revenues generated in the domestic informal economy,
income not reported by a legal or natural person and other means of ‘getting around’ solely
domestic tax liabilities.
(c) Measures taken by the government of Tanzania to solve tax avoidance and evasion problem:
Due to the negative effects of tax evasion and avoidance, it is the interest of the government to
keep the level of tax avoidance and evasion to the minimum level possible. This has been
reflected, among others, through the following ways;
Timely amendments of the tax acts whenever it is detected that certain provisions of the law
allows tax avoidance in the major scale. For example in the fiscal year 2012/2013 the
definition of Income Tax was amended to include a person with unrelieved loss to pay tax on
their turnover. Definition of the term “exempt amount” has been amended by deleting the
figure “54” appearing in the definition. This is a consequential amendment emanating from
the amendment of Section 54 (2).
Major tax reforms, for example the VAT Act 1997 has been replaced by VAT Act 2014 to
address weaknesses and loopholes in the previous law.
The introduction of electronic fiscal devices
Promotion of voluntary tax compliance to tax payers through education.
Anti-avoidance provision
C1
Introduction to Income Taxation: 205
SECTION C
Income Tax
SECTION C: INCOME TAX
This Study Guide introduces to the concept of income taxation. The focus of this Study Guide is primarily
the Income Tax Act, Cap 332
Explain the concept of income for income taxation; explain the legal sources of
Explain the concept of income for income taxation; explain the legal sources of
income tax laws and explain the basis of income taxation (Chargeable income and
income tax laws and explain the basis of income taxation (Chargeable income and
total income).
total income).
[Learning outcome a, b,
[Learning outcome a, b,
and c]
and c]
Definition
Definition
Income is defined to mean a person's income from any employment, business or investment and an
Income is defined to mean a person's income from any employment, business or investment and an
aggregation of such income as calculated in accordance with the Income Tax Act
aggregation of such income as calculated in accordance with the Income Tax Act
As it can be seen the above definition does not really define income but describes it in terms of its
As it can be seen the above definition does not really define income but describes it in terms of its
various sources. This leaves the term income not defined in the Income Tax Act, however, several
various sources. This leaves the term income not defined in the Income Tax Act, however, several
definitions have been offered as described below:
definitions have been offered as described below:
Definition
Definition
The Hicksian concept of income defines income as the maximum value which a man can consume
The Hicksian concept of income defines income as the maximum value which a man can consume
during the period and still expect to be as well off at the end of the period as he was at the beginning.
during the period and still expect to be as well off at the end of the period as he was at the beginning.
The term “to be well off [equity] as at the beginning” refers to capital maintenance which calls for inflation
The term “to be well off [equity] as at the beginning” refers to capital maintenance which calls for inflation
adjustment of the earlier figure. ‘Hicksian income’ is the standard concept of income as traditionally used
adjustment of the earlier figure. ‘Hicksian income’ is the standard concept of income as traditionally used
by accountants and also by the more thoughtful economists. Income, thus defined, must not contain any
by accountants and also by the more thoughtful economists. Income, thus defined, must not contain any
element of capital.
element of capital.
Hicks, (1939)
Hicks, (1939)
Another definition that has been found to be theoretically ideal and free from anomalies is the Haig-
Another definition that has been found to be theoretically ideal and free from anomalies is the Haig-
Simons definition of income, based on the work by American economists Robert M. Haig and Henry
Simons definition of income, based on the work by American economists Robert M. Haig and Henry
Simons.
Simons.
The basic Haig–Simons definition of income is the value of what one could consume in that year, while
keeping the wealth constant. It is the value of all consumption in a given year plus the change in net
worth.
Notice that it’s not what a person does consume in a year which is the basis for Haig–Simons income; it’s
what she could consume if she chose to keep the value of her wealth constant. So it is based on potential
consumption, not actual consumption. The idea is that how well–off a person is should be measured by
how much she could afford to consume each year. According to Haig and Simons the measure of one’s
income should be not what one actually did with it (spend it or save it), but what one could do with it.
For many reasons, both practical and political, the actual definition of income in the income tax code falls
considerably short of that definition. A full Haig-Simons concept of income, for example, would include
the value of ALL consumption and ALL changes in net worth. As we have seen and will continue to see,
in actual practice the definition of income used on the ITA is quite different.
Notice that it’s not what a person does consume in a year which is the basis for Haig–Simons income; it’s
what she could consume if she chose to keep the value of her wealth constant. So it is based on potential
consumption, not actual consumption. The idea is that how well–off a person is should be measured by
how much she could afford to consume each year. According to Haig andIntroduction
Simons thetomeasure of one’s 207
Income Taxation:
income should be not what one actually did with it (spend it or save it), but what one could do with it.
For many reasons, both practical and political, the actual definition of income in the income tax code falls
considerably short of that definition. A full Haig-Simons concept of income, for example, would include
the value of ALL consumption and ALL changes in net worth. As we have seen and will continue to see,
in actual practice the definition of income used on the ITA is quite different.
Others define income as some benefit, monetary or otherwise, which an individual "enjoys" periodically.
This definition is somehow incomprehensive since it is hard to define enjoyment.
Despite difficulty in defining the term income, economists refer to the Hicks definition to provide ways of
measuring income, while accountants use realisation concept to measure income for a particular period.
3. Classification of income
Example
i] Convertible income
A bonus of 100 bags of cement may be converted into cash by selling in cash or may be exchanged
for another product say floor tiles
Income exempt is income accrued or derived from a source that forms part of the tax base, but
because of some specific/particular circumstances by the operation of any regulation, law, order
or rule, such income is exempt from income tax; for example, minimum threshold for employment
income, the salary of the president of the URT, scholarship income etc.
i] Convertible income
for another product say floor tiles
A bonus of 100 bags of cement may be converted into cash by selling in cash or may be exchanged
ii] for another product
Non-convertible say floor tiles
income
Free lunch or free use of employer’s motor vehicle
ii] Non-convertible
208 Income Tax income
Free lunch or free
(b) Exempt income or use of employer’s
income exempt motor vehicle
Exempt income is income not taxed because the source is exempt. The income does not form
(b) Exempt income or income exempt
part of the total income to be included in the income tax return. A good example is occupying
Exempt income is income not taxed because the source is exempt. The income does not form
own premises, and utilizing own agricultural produce.
part of the total income to be included in the income tax return. A good example is occupying
own premises, and utilizing own agricultural produce.
Income exempt is income accrued or derived from a source that forms part of the tax base, but
because of some specific/particular circumstances by the operation of any regulation, law, order
Income exempt is income accrued or derived from a source that forms part of the tax base, but
or rule, such income is exempt from income tax; for example, minimum threshold for employment
because of some specific/particular circumstances by the operation of any regulation, law, order
income, the salary of the president of the URT, scholarship income etc.
or rule, such income is exempt from income tax; for example, minimum threshold for employment
Howeverincome, the salary
both, exempt of the and
income president
incomeof the URT, are
exempt scholarship income etc.
not taxable.
However both, exempt income and income exempt are not taxable.
Income exemption
Income
The exemption
following income has been exempt from income tax under the Income Tax Act ,Cap 332:
The following incomeincome
Presidential has been
bothexempt from income
of Tanzania tax under the Income Tax Act ,Cap 332:
and Zanzibar;
Income earned by government or its agencies in performing government activities;
Presidential income both of Tanzania and Zanzibar;
Amounts derived by any person entitled to privileges under the Diplomatic and Consular
Income earned by government or its agencies in performing government activities;
Immunities and Privileges Act to the extent provided in that Act or in regulations made under that
Amounts derived by any person entitled to privileges under the Diplomatic and Consular
Act;
Immunities and Privileges Act to the extent provided in that Act or in regulations made under that
Income earned by public servants in a foreign country paid by the government;
Act;
Foreign source income earned by non resident person or income of a spouse or child of a public
Income earned by public servants in a foreign country paid by the government;
servants working abroad where the spouse is resident in the United Republic solely by reason of
Foreign source income earned by non resident person or income of a spouse or child of a public
accompanying the individual on the employment;
servants working abroad where the spouse is resident in the United Republic solely by reason of
Income earned by the East Africa Development Bank; the Price Stabilization and Agricultural
accompanying the individual on the employment;
Inputs Trust; the Investor Compensation Fund under the Capital Markets Regulatory Authority;
Income earned by the East Africa Development Bank; the Price Stabilization and Agricultural
and The Bank of Tanzania;
Inputs Trust; the Investor Compensation Fund under the Capital Markets Regulatory Authority;
Amounts derived during a year of income by a primary co-operative society Registered under the
and The Bank of Tanzania;
Cooperative Societies Act; solely engaged in activities as a primary co-operative engaged in
Amounts derived during a year of income by a primary co-operative society Registered under the
either: agricultural activities, including activities related to marketing and distribution; construction
Cooperative Societies Act; solely engaged in activities as a primary co-operative engaged in
of houses for members of the cooperative; distribution trade for the benefit of the members of the
either: agricultural activities, including activities related to marketing and distribution; construction
cooperative; savings and credit society; and whose turnover for the year of income does not
of houses for members of the cooperative; distribution trade for the benefit of the members of the
exceedTshs50,000,000;
cooperative; savings and credit society; and whose turnover for the year of income does not
Pensions or gratuities granted in respect of wounds or disabilities caused in war and suffered by
exceedTshs50,000,000;
the recipients of such pensions or gratuities;
A scholarship or education grant payable in respect of tuition or fees for full-time instruction at an
educational institution;
Amounts derived by way of alimony, maintenance or child support under a judicial order or
written agreement;
Amounts derived by way of gift, bequest or inheritance, except amount earned by the estate of
the deceased from business and investment or employment of the deceased;
Amounts derived in respect of an asset that is not a business asset, depreciable asset,
investment asset or trading stock;
Amounts derived by way of foreign living allowance by any officer of the government that are
paid from public funds and in respect of performance of the office overseas;
Income derived from investments exempted under the Export Processing Zones Act;
Amount derived from investments exempted under any written laws for the time being in force in
Tanzania Zanzibar;
Rental charges on aircraft lease paid to a non-resident by a person engaged in air transport
business;
Amounts derived by a crop fund established by farmers under a registered farmers’ cooperative
society, union or association for financing crop procurement from its members;
Income earned by Dar es salaam Stock Exchange [DSE];
Income earned by holders of gaming licenses;
And the fidelity fund established under the Capital Markets and Securities Act.
(a) in the case of a resident person, shall be the person’s income irrespective of the source
(worldwide); and
(b) In the case of a non-resident person, the person’s income that has a source in the United
Republic.
The application of the provisions is to tax in Tanzania the worldwide income of a resident person
and tax a non-resident person only the person’s income that has a source in the United
Republic. The Act provides the criteria for distinguishing various income sources that has a
source in United Republic as against foreign-sourced income.
Section 6(2) provides that the chargeable income of a resident individual who at the end of the
year of income has been resident in the United Republic for a period of two years or less in total
during the whole of the individual’s life shall be only the individual’s income that has a source in
the United Republic.
Republic.
The application of the provisions is to tax in Tanzania the worldwide income of a resident person
and tax a non-resident person only the person’s income that has a source in the United
210 Income Tax Republic. The Act provides the criteria for distinguishing various income sources that has a
source in United Republic as against foreign-sourced income.
Section 6(2) provides that the chargeable income of a resident individual who at the end of the
year of income has been resident in the United Republic for a period of two years or less in total
during the whole of the individual’s life shall be only the individual’s income that has a source in
the United Republic.
Definitions
Permanent home is any place any individual is free and not restricted to reside, not necessary his/her
own house may be a hotel, rented house etc
Example
Mr. Limbu has a permanent home in Tanzania but was abroad for several years and is still living abroad.
Required:
Answer
Though he has a permanent home in Tanzania and is a Tanzanian citizen, he will not be considered
nonresident because he is staying abroad.
Example
In 2010, Mr. Sadiki, who has no permanent home in Tanzania came to Tanzania for holiday and stayed
for 200 days.
Required:
r
f Determine the residential status of Mr. Sadiki for the year of income 2010.
c
Answer
, Since his stay in Tanzania during the year 2010 was of over 183 days, he will be regarded resident in
Tanzania during the year of income. However, since he has been resident in Tanzania for two years or
less in total during the whole of his life for purpose of calculation of chargeable income, he is considered
non- resident.
Example
Mr. Bure has no permanent home in Tanzania. He has been frequently visiting the country for business
purposes. In 2013 he stayed for 120 days, and in 2012 and 2011 he stayed in Tanzania for 140 and 100
days respectively.
Required:
o Answer
Since Mr. Bure was present in Tanzania for an average of less than 122 days for the year of income and
the two preceding years i.e. years 2013,2012 and 2011, average (120+140+100)/3=120 days he is
c treated as nonresident for the year 2013.
d Example
l
MrsKessy is employed by a Tanzania private entity and has been seconded in Rwanda since 2007. Mrs.
Kessydid not come to Tanzania during the year of income 2010.
d
s Required:
s
Determine the residential status of MrsKessy for the year of income 2010.
f
Answer
n
Since MrsKessy is not a government official, regardless of her citizenship she is considered a non-
n
resident in Tanzania during the year of income 2010.
d
(ii) Test of residence of a partnership
A partnership is a resident partnership for a year of income if at any time during the year of
income a partner is a resident of the United Republic.
(iii) Tests of residence of a trust
Determine the residential status of MrsKessy for the year of income 2010.
Answer
212 Income
SinceTax
MrsKessy is not a government official, regardless of her citizenship she is considered a non-
resident in Tanzania during the year of income 2010.
Assume that Mayfair Trust is a registered trust in Tanzania. In 2011 all of Mayfair trustees were non-
residents, however the CEO of the trust is a resident individual.
Required:
Determine the residential status of the trust for the year of income 2011.
Answer
Since the trust was established in Tanzania, by registration under a Tanzania law, and directed by
resident person CEO, the trust is resident for 2011.
Example
Assume that Mayfair Trust was not registered trust in Tanzania but it operates in Tanzania. In 2010 all
the trustees, including the CEO were resident individuals.
Required:
Answer
Since the trust was not registered in Tanzania the trust is treated as non-resident for the year 2010
though all its trustees were resident in Tanzania during the year.
Significances of classifying a person as resident in the United Republic of Tanzania for income
taxes purposes
(a)
i) Incomings for trading stocks (sales revenue in URT)
ii) Gains from realization of business assets or liabilities of the where the asset or
liability involved is a domestic asset or domestic liability.
iii) Gains on realization depreciable assets on pool basis, if disposed depreciable
asset is in URT
(b) In other cases, the income has a source in URT if the source of payment is in URT.
Amounts directly deducted in calculating income have a source in the United Republic where they consist
of –
(a)
(i) Trading stock allowances calculated in accordance with section 13(2) of the Act.
(ii) Depreciation allowance in respect of depreciable assets owned and employed by a person
wholly and exclusively in the production of the person’s income from the business.
(iii) Expenditure in respect of repair and maintenance of depreciable assets owned and
employed by a person wholly and exclusively in the production of income from business to
the extent to which
i) they relate to domestic assets; or
ii) they relates to moveable tangible assets used by a person who conducts a
business of land, sea or air transport operator or charterer to carry passengers who
embark or cargo or mail which is embarked from Tanzania.
(b) Losses from the realisation of business assets, investment assets and liabilities of a business
where the asset or liability involved is a domestic asset or domestic liability.
(c) In other cases, the deduction has a source in URT if the source of payment is in URT.
Sources of payments
A new business prepares its first accounts for a period of 15 months ended on 31 st January 2017, that is,
for a period of November 2015 to 31st January 2017. The business made a profit of TZS. 900,000,000
over the period.
Apportionment of income
(i) The proportion of profits for 12 months shall be treated as income for year of income in which the
accounting period ends, i.e. year 2017.
(ii) The portion of profits for 3 months (the balance) shall be treated as income for the year of
income in which the initial broken period ended, (i.e. year 2016).
The apportionment shall be as follows:
6.10 Cessation
In the case of cessation, and final accounting period ends within the final year of income, or
where final accounting period exceeds 12 months, then the profit are to be assessed for the year
on the basis of twelve months proportion. Otherwise, if the final accounting period is for less that
Year 2016 (3 moths) - TZS. 120,000,000
6.10 Cessation
In the case of cessation, and final accounting period ends within the final year of income, or
where final accounting period exceeds 12 months, then the profit are to be assessed for the year
on the basis of twelve months proportion. Otherwise, if the final accounting period is for less that
12 months and end in the year of income following the preceding accounting period ended, the
profits are to be treated as the income of the final year in the same way as the profits of the initial
accounting period a new business is treated as the income of the first year. Where the final
accounting period is for 12 months, the income is to be treated as that of the final year of income.
All payments under an annuity, an installment sale, or a finance lease must be aggregated. The
total is then to be divided into a capital portion and an interest portion. The capital portion is
treated as a repayment of capital and the interest portion is dealt with as interest paid or to be
paid . Each of these portions is calculated as described in detail in s 32 (2). At the time of
concluding an annuity, installment sale, or finance lease the taxpayer, who receives the payment,
is required to determine the installments and segregate the installments into an interest and a
capital portion (s 32 (3)).
If the taxpayer cannot provide such a list he must treat the interest and capital portion of the
annuity, installment sale, or finance lease as a blended loan with the interest compounded six
monthly.
total is then to be divided into a capital portion and an interest portion. The capital portion is
treated as a repayment of capital and the interest portion is dealt with as interest paid or to be
paid . Each of these portions is calculated as described in detail in s 32 (2). At the time of
concluding an annuity, installment sale, or finance lease the taxpayer, who receives the payment,
Introduction
is required to determine the installments and segregate the installments into to
anIncome
interestTaxation:
and a 219
capital portion (s 32 (3)).
If the taxpayer cannot provide such a list he must treat the interest and capital portion of the
annuity, installment sale, or finance lease as a blended loan with the interest compounded six
monthly.
A blended loan means a loan under which payments by the borrower represent in part a
payment of interest and a part a repayment of capital and
(1) The interest part is calculated on capital outstanding at the time of each payment, and
(2) The rate of interest is uniform over the term of the loan.
Self-Examination Questions
Question 1
Required:
For each individual, explain whether she is resident/not resident in the years of income 2010, 2011 and
2013.
Question 2
Question 3
How do you determine the residential status of a Chinese company which has been operating in
Tanzania since January 2011?
Question 4
An entity commences a business on 01.07.2012 and accounts are prepared as follows: 01.04.2013 to
31.03.2014, and subsequently to 31 March.
The adjusted income of the company’s business is as follows:
Accounting period adjusted income
01.07.2012 to 31.03.2013 Tshs.150m
01.04.2013 to 31.03.2014 Tshs.240m
Required
Calculate the amounts that will be chargeable to company income tax in respect of the trade for the tax
years 2012, 2013 and 2014.
220 Income Tax
Question 5
Louise, a Danish national is a prominent baker who has a large bakery in Kigamboni – Dar es Salaam,
baking and distributing tasty traditional Danish cakes. To avoid house chores so that she can
concentrate on her recipes, she lives in a rented suite in one of the expensive beach hotels in Kigamboni.
During the year of income 2015, she was invited to make a presentation on her business model at
business summit in Stockholm – Sweden, where she was paid TZS.42,401,700 equivalent award by the
organizers, who also covered her return travel fare. She had time during the Stockholm visit to greet her
friend who lives in their house in Copenhagen – Denmark. In total, the trip took 18 days. She had other
trip within East Africa during the year, with days spent on such trips, aggregating to 165 days. The
amount she was paid in the summit was taxed in Sweden, but she wants to understand the taxability of
the amount in Tanzania.
Required:
(i) State the conditions under which a person’s income would be taxable in the United
Republic of Tanzania.
(ii) State, with reason(s) whether Louise’s income above would be taxable in Tanzania,
clearly specify further information (if any) you would need to conclude on the same.
(iii) Would the taxing of the income in Sweden put Louise in a disadvantage? Under what
circumstances?
Question 6
a. Mr. Judah maintains a permanent home in the United Republic of Tanzania (URT). He was outside
Tanzania (abroad) between 01.01.2012 and 08.12.2013 and came back to Tanzania between
08.12.2013 and 25.12.2013.
b. Ms Cathie was outside the United Republic of Tanzania but returned to Tanzania on 11 th June 2013
and again left Tanzania on 21st January 2014.
c. Mrs. Pakutokea is employed by the Tanzania Government and was posted at the Tanzania Embassy
in Tokyo Japan since 1st August 2012. She did not come to Tanzania during the year of income
2013.
Required:
For each of the scenarios above, state and explain whether the person mentioned was a resident of
United Republic of Tanzania for the year of income 2013.
Question 7
(a) Mr. Kamar is an Indian who came to Tanzania for the first time in 3rd June 2011 to work in an NGO
known as HEKI (T) Ltd. On 28th February 2012, HEKI (T) Ltd sent him to Angola and stayed there
until 2nd December 2012. On 26th January 2013, he travelled to Canada to see his family and stayed
there till 7th September 2013. On 1st May, 2014, he moved into his house in Dar es Salaam which he
had bought on 28th September 2013. Before moving into his house, he had been renting a two-
bedroom house since 1st January, 2014. On 21st December, 2014, the government of Uganda hired
him to work in the embassy of Uganda in South Africa where he has been staying to date. The
Ugandan appointment forced him to sell his residential house in Dar es Salaam on 26 th December
2014.
Required:
Use section 66 of the Income Tax Act, Cap 332 to determine the residential status of Mr. Kamar for
the years of income 2011, 2012, 2013, 2014 and 2015.
(b) Section 6 (2) of the Income Tax Act, Cap 332 provides that:
“The chargeable income of a resident individual who at the end of a year of income has been
resident in the United Republic for two years or less in total during the whole of the individual’s
life shall be determined under subsection (1) (b)”.
REQUIRED:
Ugandan appointment forced him to sell his residential house in Dar es Salaam on 26 th December
2014.
Required:
Use section 66 of the Income Tax Act, Cap 332 to determine the residential statustoofIncome
Introduction Mr. Kamar for 221
Taxation:
the years of income 2011, 2012, 2013, 2014 and 2015.
(b) Section 6 (2) of the Income Tax Act, Cap 332 provides that:
“The chargeable income of a resident individual who at the end of a year of income has been
resident in the United Republic for two years or less in total during the whole of the individual’s
life shall be determined under subsection (1) (b)”.
REQUIRED:
Discuss the implication of the above provision.
Question 8
(a) Explain “the test of residence of an individual” as enshrined under Section 66 of the Income Tax
Act, Cap. 332 (R.E. 2014).
(b) What is the significance of classifying a person as resident in the United Republic of Tanzania
(URT) for income tax purposes?
Answer to SEQ 1
a) To assess is to determine the taxable income through computation and adjustment of various
sources of income while to charge is to apply the tax rate on the assessed value.
b) Exempt income and income exempt are both not taxable. Exempt income is income not taxed
because the source is exempt. While income exempt is income not taxed because of the
application of the law, order or rule or because of certain circumstances, it is derived from a
taxable source (e.g. president of the URT salary). Exempt income does not form part of the total
income to be included in the income tax return.
c) A person means an individual or an entity such as a company or trust whereas an individual
means a natural person.
d) Benefit in kind is income received in non-monetary terms such as free use of employer’s motor
car, accommodation. Benefit in cash on the other hand is income received or to be received in
monetary terms e.g. salary, interest, dividend etc.
e) An entity is a broader term that means a partnership, trust or corporation. A corporation means
any company or body corporate established, incorporated in the United Republic or elsewhere,
an unincorporated association or other body of persons, a government, a political subdivision of
a government, a parastatal organisation, a public international organisation and a unit trust but
excludes a partnership.
Answer to SEQ 3
In order to determine the residential status of a Chinese company which has been operating in Tanzania
since January 2011 the following factors needs to be considered:
a) Whether the Chinese company incorporated or formed under the laws of the United Republic; if
yes then it is a resident
e) An entity is a broader term that means a partnership, trust or corporation. A corporation means
any company or body corporate established, incorporated in the United Republic or elsewhere,
an unincorporated association or other body of persons, a government, a political subdivision of
a government, a parastatal organisation, a public international organisation and a unit trust but
222 Income Tax
excludes a partnership.
Answer to SEQ 3
In order to determine the residential status of a Chinese company which has been operating in Tanzania
since January 2011 the following factors needs to be considered:
a) Whether the Chinese company incorporated or formed under the laws of the United Republic; if
yes then it is a resident
b) Whether the management and control of the affairs of the corporation exercised during the year
of income were conducted in the United Republic of Tanzania. If yes, then the Chinese company
would be a resident.
Answer to SEQ 4
01.01 – 31.03.2013:
(3 / 9 x Sh.15, 000)
01.04 – 31.12.2013:
2013 9 / 12 x Sh.24, 000) TZS 23, 000m
(01.01.2013– 31.12.2013)
Answer to SEQ 5
(iii) Disadvantage??
As a resident person in URT, Louise is eligible for section 77 foreign tax credit.
In case the tax rate on the income in Sweden is lower than or equal to the one
applying in URT, no disadvantage
Answer to SEQ 6
(i) Mr Judah was resident of United Republic of Tanzania for the year of income 2013
Reasons:
Has permanent home in URT
He was present in URT during the year of income 2013
(ii) Ms Cathie was resident in Tanzania for the year of income 2013
Reasons:
She stayed in URT for periods amounting to 205 days for the year of income 2013
which is more than 183 days
Answer to SEQ 7
(a)
A non-resident person for tax purposes means a person who has been physically in URT but
does not qualify to be a resident and charge the Worldwide income as per section 66 of the
ITA, 2004.
A person who is not a resident means a person who is not a Tanzanian and is not
physically in URT for any part of the Year of Income.
(b) For 2011
He stayed for 212 days i.e.
June (28 days) + July (31 days) + August (31 days) + September(30 days) + October(31 days) +
November (30 days) + December (31 Days) therefore he is a resident of URT.
For 2012
He was physically present in URT for 87 days (i.e. January (31 days) + February (27 days) +
December (29 days) and he has no permanent home, therefore he is non-resident.
For 2013
He was physically present in URT for 140 days in 2013 + 87 days in 2012 + 212 days in 2011;
For 2012
He was physically present in URT for 87 days (i.e. January (31 days) + February (27 days) +
December (29 days) and he has no permanent home, therefore he is non-resident.
224 Income Tax
For 2013
He was physically present in URT for 140 days in 2013 + 87 days in 2012 + 212 days in 2011;
with the average of 146 days in three years therefore he is a resident.
For 2014
He was physically present in URT and he has a permanent home therefore he is a resident.
For 2015
He was not physically present in URT and he has been employed by a different government
therefore he is not a resident.
(iii) This provision implies that if a person has been a resident for only two years, or less then he has
to be treated as a non-resident and thus the person shall only be taxed for income whose source
is in URT.
Answer to SEQ 8
(a) An individual is said to be resident of United Republic of Tanzania (URT) for a year of income if
he/she:
i. has a permanent home in UR and present at any part of the Year of Income (YOI) or
ii. is present in URT during the YOI for a period(s) amounting in aggregate to at least 183 days
or
iii. is present in URT during the YOI and in each of the two preceding years of income for a
period averaging more than 122 days during each YOI
iv. is an employee or an official of the Government of URT working abroad during the YOI.
1. In the case of a resident person, the person’s income from employment, business or
investment for the year of income irrespective of the source of the income; and
2. In the case of a non-resident person, the person’s income from the employment,
business or investment for the year of income, but only to the extent that the income
has a source in the URT.
3. The income of a resident person without a permanent home in Tanzania and who at
the end of the year of income has been resident in the United Republic for two years
or less in total during the whole of the individual’s life shall be chargeable to tax only
on the income that has a source in Tanzania.
SECTION C
Income Tax
In calculation of chargeable income from employment, business and investment it may be allowed to
deduct certain expenditures incurred in generating such and income. In this Study Guide we learn the
principles related to deduction of expenditures in calculating chargeable income from employment
business and investment.
1.0 Explain
1.0 Explain
the general
the general
principle
principle
of deductions
of deductions
and and
identify
identify
the specifically
the specifically
allowable
allowable
deductions
deductions
[Learning
[Learning
outcome
outcome
a and a
b]and b]
1. General
1. General
Principle
Principle
Of Deductions
Of DeductionsIn Business
In Business
Income Income
Then after
Thenknowing
after knowing
elements
elements
which constitute
which constitute
businessbusiness
incomeincomethe nextthestep
nextisstep
to understand
is to understand
deductible
deductible
businessbusiness
or investment
or investment
expenses.expenses.
In fact Init fact
is very
it isimportant
very important
to understand
to understand
these these
allowable
allowable
expensesexpenses
because because
they affect
theyhow
affect
much
howismuch
left foris business/investment
left for business/investment
incomeincome
taxes. taxes.
In general all expenses
In general all expenses
incurred
incurred
‘wholly ‘wholly
and exclusively’
and exclusively’
in the production
in the production
of income
of income
are allowable
are allowable
expenses
expenses
(Section(Section
11(3)). 11(3)).
Therefore,
Therefore,
only expenditure
only expenditure
incurredincurred
for soleforpurposes
sole purposes
of producing
of producing
business/investment
business/investment
incomeincome
are allowable
are allowable
expensesexpenses
and expenditure
and expenditure
incurredincurred
not wholly
not wholly
and and
exclusively
exclusively
for business/investment
for business/investment
purposespurposes
are notare
allowable.
not allowable.
However,
However,
deduction
deduction
of capital,
of capital,
consumption
consumption
and excluded
and excluded
expenditures
expenditures
is not allowed
is not allowed
(Section(Section
11). 11).
Yet, the
Yet,
capital
the capital
expenditures
expenditures
on depreciable
on depreciable
assets assets
are deductible
are deductible
in forminofform
depreciable
of depreciable
annual annual
allowance
allowance
under the
under
third
the
schedule
third schedule
IncomeIncome
Tax ActTax
2004.
ActTherefore,
2004. Therefore,
depreciation
depreciation
chargescharges
calculated
calculated
under taxpayers’
under taxpayers’
accounting
accounting
policiespolicies
are notare
allowed
not allowed
too. too.
Definitions
Definitions
‘Consumption
‘Consumption
expenditure’ means means
expenditure’ any expenditure
any expenditure
incurredincurred
by anybyperson
any person
in the in
maintenance
the maintenance
of of
himself,himself,
his family
his or
family
establishment,
or establishment,
or for any
or for
other
anypersonal
other personal
or domestic
or domestic
purpose.
purpose.
“Expenditure
“Expenditure
of a capital
of a capital means means
nature”nature” expenditure
expenditure
that secures
that secures
a benefit
a benefit
lasting lasting
longer than
longer
twelve
than twelve
months;”
months;”
‘Excluded
‘Excluded
expenditure’ means:means:
expenditure’
a) taxa)
payable
tax payable
under this
under
Actthis
except
Act except
skills and
skills
development;
and development;
b) bribes
b) and
bribes
expenditure
and expenditure
incurredincurred
in corrupt
in corrupt
practice;
practice;
c) fines
c) and
fines
similar
and similar
penalties
penalties
payablepayable
to a government
to a government
or a political
or a political
subdivision
subdivision
of a government
of a government
of of
any country
any country
for breach
for breach
of any law
of any
or subsidiary
law or subsidiary
legislation;
legislation;
d) expenditure
d) expenditure
to the to
extent
the extent
to which to incurred
which incurred
by a person
by a person
in deriving
in deriving
exemptexempt
amountsamounts
or finalor final
withholding
withholding
payments;
payments;
e) distributions
e) distributions
by an entity
by anorentity or
Distribution
Distribution
by an entity:
by an entity:
a) means:
a) means:
i] a payment
i] a payment made by made
the by
entity
the to
entity
any toof any
its members,
of its members,
in any in
capacity
any capacity
to the to
extent
the extent
that thethat the
amountamount
of the payment
of the payment
exceeds exceeds
the amount
the amount
of any payment
of any payment
made bymade
the member
by the member
to the entity
to theinentity in
return for
return
the entity's
for the entity's
payment;payment;
or or
ii] anyii]re-investment
any re-investment
of dividends
of dividends
which enhances
which enhances
the value
theofvalue
shares
of shares
iii] anyiii]capitalisation
any capitalisation
of profits;
of profits;
b) includes a payment made by the entity to one of its members on cancellation, redemption or
surrender of a membership interest in the entity, including as a result of liquidation of the entity or as
a result of the entity purchasing a membership interest in itself;
c) excludes a payment of the type referred to in paragraph (a) (i) or (b):
i] to the extent to which the payment is directly included in calculating the member's income or in
calculating a final withholding payment, other than by reason of being a distribution; and
ii] without limiting any amount treated as a distribution by paragraph (a)(ii), that consists of the
issue of further membership interests in the entity to the entity's members in approximate
proportion to the members' existing rights to share in dividends of the entity; and
d) In the case of a controlled foreign trust or corporation, is interpreted in accordance with Section 75.
Interests bearing external financing activities are normal in any business or investment venture.
Therefore, Interest incurred by a person during a year of income under a debt obligation shall be
considered to have been incurred wholly and exclusively in the production of income from a business or
investment if the debt obligation was incurred wholly and exclusively in the production of income from
the business or investment. Likewise, interest incurred on non-monetary debts is also deductible when
the debt obligation was incurred wholly and exclusively in the production of income from the business or
investment (Section 12(1)(b)). However, when interest incurred on foreign currency debt obligation is
deductible only when they are actually paid (39(g)).
Nevertheless, interest expenses incurred wholly and exclusive in production of business or investment
income for exempt controlled resident entity are restricted. In fact, interest expenses deducted by an
exempt-controlled resident entity must not exceed sum of interest equivalent to debt-to-equity ratio of 7 to
3 (Section 12(2). In case of changes in debt or equity amounts; the amount of the equity or debt should
be the average of balances of amount of debt or equity at the end of each period (Section 12(4)).
Definitions
‘An exempt-controlled resident entity’ for a year of income if it is resident and at any time during the year
of income 25% or more of the underlying ownership of the entity is held by entities exempt under the
Second Schedule, approved retirement funds, charitable organisations, non-resident persons or
associates of such entities or persons.
Section 12(4)
‘Debt’ means any debt obligation excluding: a non-interest bearing debt obligation, a debt obligation
owed to resident financial institution and a debt obligation owed to a non-resident bank or financial
institution on whose interest tax is withheld in the United Republic. While
‘equity’ includes: paid up share capital, paid up share premium and retained earnings on an
unconsolidated basis determined in accordance with generally accepted accounting principles.
Section 12(5)
Section 12(5)
‘Parastatal organisation’ means: a local authority of the United Republic, a body corporate established by
or under any Act or Ordinance of the United Republic other than the Companies Act, and any company
registered under the Companies Act where –
a) in the case of a company limited by shares, not less than 50 percent of the issued share capital of the
company is owned by the Government or an organisation which is a parastatalorganisation under this
definition; or
b) in the case of a company limited by guarantee:
i] the members of the company include the Government or an organisation which is a parastatal
organization under this definition; and
ii] such members have undertaken to contribute not less than 50 percent of the amount to be
contributed by members in the event of the company being wound up.
Section 12(5)
Definition
The opening value of trading stock of a business for a year of income is the closing value of trading stock
of the business at the end of the previous year of income.
Section 13(3)
Definitions
‘Agricultural improvement expenditure’ means expenditure incurred by the owner or occupier of farm
land in conducting an agriculture, livestock farming or fish farming 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’ means expenditure incurred by a person in the process of
developing the person's business and improving business products or process and includes expenditure
incurred by a company for the purposes of an initial public offer and first listing on the Dar es Salaam
Stock Exchange but excludes any expenditure incurred that is otherwise included in the cost of any asset
used in the use in any such process, including an asset referred to in paragraph 1(3) of the Third
Schedule .
From definitions of agriculture improvement expenditure, the expenditure can be deducted by a person
conducting agriculture business while, environmental expenditure are deductible by both those in
agriculture for the reason explained in the definitions. Finally, the research and development expenditure
can be deducted by any type of business.
Definition
‘Agricultural business’ means the practice of rearing of crops or animals including forestry, beekeeping,
acqua-culture and faming with a view to deriving a profit but excludes extraction of natural resources o
processing of agricultural produce other than preparing such produce for the purpose of sale in its
original form.
‘Charitable organisation’ means a resident entity of a public character that satisfies the following
conditions:
(i) the entity was established and functions solely as an organisation for: the relief of poverty or
distress of the public, the advancement of education or the provision of general public health,
education, water or road construction or maintenance; and
(ii) the entity has been issued with a ruling by the Commissioner under Section 131 currently in
force stating that it is a charitable organisation or religious organisation.
Others donations and contributions can only be deducted if they are incurred wholly and exclusively for
the purposes of business. For instance, contributions to trade organisations can be deductible if the trade
association furthers the businesses of its members (Lochgelly Iron and Coal Co Ltd v Crawford [1913] 6
TC 267). Similarly, contribution to charitable organisations of clothes with businesses’ advertisements or
to support exhibition might qualify as deductible expenses (Morley v Lawford [1928] 14 TC 229). Also
costs incurred on businesses entertainment for the purposes of business might be allowable expenses
(Bentleys Stokes & Lowless v Beeson [1952] 33 TC 491).
Additionally, unrelieved losses from other foreign source losses can be deducted only in calculating the
person's foreign source income and unrelieved loses from agriculture business can only be deducted
from calculating business income from agriculture.
Definition
‘Loss’ of a year of income of a person from any business or investment is the excess of amounts
deducted in calculating the person's income from the business or investment over amounts included in
calculating such income.
‘Unrelieved loss’ means the amount of a loss that has not been deducted in calculating a person's
income.
‘Loss’ of a year of income of a person from any business or investment is the excess of amounts
230 Income Tax in calculating the person's income from the business or investment over amounts included in
deducted
calculating such income.
‘Unrelieved loss’ means the amount of a loss that has not been deducted in calculating a person's
income.
However, legal and expenses incurred in tax appeal are not deductible (Smiths Potato Estates Ltd v
Bolland1948 30 TC 267). In that case, the judge argued that they not incurred wholly and exclusive in
production of income but in ascertaining tax liabilities therefore the expense were disallowed.
On the other hand, when employees defraud their employers the loss incurred is deductible expenses,
while defalcations by directors, sole traders or partners in partnership are not deductible (Curtis v J & G
Oldfield Ltd [1925] 9 TC 319). In this case, the judge argued that misappropriations of assets by persons
in control of businesses are allocations of profit of the businesses not trade activities of the businesses;
therefore these losses are not deductible.
are allowable expenditures. These losses might include fire, burglary, accident and loss of profits and
when there is insurance against them insurance costs are deductible too. However, losses arising from
loss of capital assets are not straight deductible from business income. They have either to go to the
computation of gain or loss from realisation of business, depreciable or investment assets. But,
Principles of insurance
Deduction: 231
expenses against depreciable assets are allowable expenses.
On the other hand, when employees defraud their employers the loss incurred is deductible expenses,
while defalcations by directors, sole traders or partners in partnership are not deductible (Curtis v J & G
Oldfield Ltd [1925] 9 TC 319). In this case, the judge argued that misappropriations of assets by persons
in control of businesses are allocations of profit of the businesses not trade activities of the businesses;
therefore these losses are not deductible.
Self-Examination Questions
Question 1
Samaria Enterprises, super dealers of construction products, has recently constructed its office premises.
The company incurred TZS 45,000,000 for planting of grasses, fruit trees, other trees, and flowers in the
surroundings of the premises. Samaria is claiming a deduction for this expenditure on the basis that it is
an agricultural expenditure.
Required:
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:
Question3
Explorers Ltd has won a contract to explore oil and gas along the Tanzania’s Indian Ocean shore. The
company claims, for taxation purposes, deduction of all the costs of renting exploration ship and
surveying costs which amounts to TZS 300,000,000,000 per year. Moreover the company is claiming
deduction of underwriting fees at DSE for issue of final round of its ordinary shares. On top of that the
company further claims a deduction of TZS 15,000,000 consultancy fees for formulation of office
regulations and procedures. The company’s claim for deduction is based on the fact that all these
expenditures are research and development expenditures.
Required:
Question 4
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.
Question 5
Question 4
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
232 Income Tax is TZS.2,000,000 and interest payable on the debt for the 2019 year of assessment is
Limited
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.
Question 5
Company ADC Ltd was incorporated in 2008 and engaged in construction and consultancy services.
The following information were extracted for the company’s return of income for 2019 year of income:
Paid Sh. 10m/= to a charitable organization which is dealing with HIV affected children.
Donation to a charitable institution for construction of two Classrooms at cost TZS 25m
Required
Question 6
In calculating income from business, the Income Tax Act, Cap 332 requires a certain treatment for
unrelieved losses.
Required:
(ii) Explain the rationale for the treatment of unrelieved losses you dealt with above.
(iii) State the exception to the treatment you explained in (i) above and its rationale.
Answer to SEQ 1
Persons who may claim deduction with respect to agricultural expenditure are those dealing with
agriculture, livestock farming or fish farming business. Moreover the expenditure must have been
incurred in respect of clearing land, construction of irrigation channels, planting of perennial crops or
trees bearing crops.
Samaria is a dealer of construction product and not a dealer in agriculture, livestock farming or fish
farming business. This disqualifies Samaria from claiming deductions as agricultural expenditure.
Moreover, the planting of grasses, trees bearing no crops, and flowers still do not amount to the like of
things which when planted may make an expenditure deductible as an agricultural expenditure.
Furthermore, even the planting of fruit trees around the office premises may not amount to agriculture in
its own.
Answer to SEQ 2
Environmental expenditure may exist whenever one incurs expenditure to prevent soil erosion.
Samaria is a dealer of construction product and not a dealer in agriculture, livestock farming or fish
farming business. This disqualifies Samaria from claiming deductions as agricultural expenditure.
Moreover, the planting of grasses, trees bearing no crops, and flowers still do not amount to the like of
things which when planted may make an expenditure deductible as an agricultural expenditure.
Principles
Furthermore, even the planting of fruit trees around the office premises may not amount of Deduction:
to agriculture in 233
its own.
Answer to SEQ 2
Environmental expenditure may exist whenever one incurs expenditure to prevent soil erosion.
Therefore, expenditures to clean environment after being contaminated with chemical do not amount to
environmental expenditure at all.
Answer to SEQ 3
Ship renting expenditure is related with exploration. It is thus a research and development
expenditure.
The only expenditure in respect of share listing at the DSE which are regarded Research and
Development expenditure are those related to the IPO or first secondary listing. Therefore,
expenditure to list the final round of secondary listing cannot be regarded research and
development expenditure.
Expenditures to develop new or improved business regulations and procedures qualify to be
regarded as research and development expenditure.
Answer to SEQ 4
Interest charged
Equity Investment 2,000,000
Maximum Exempt Loan Allowed 7/3x 2,000,000 = 4,666,667
Interest Allowed
7 x Equity x Interest Charged = 7 x 2,000,000 x 6,000,000
3 x Total foreign loan from parent company 3 x 40,000,000
= 700,000
Answer to SEQ 5
Solution
Income
Construction 200
Consultancy 120
Total Income 320m
Less:
Operational and financial expenses (150m)
170m
Donation to Education Fund (TEA) (50m)
Balance 120m
Other donations
Interest Allowed
7 x Equity x Interest Charged = 7 x 2,000,000 x 6,000,000
3 x Total foreign loan from parent company 3 x 40,000,000
234 Income Tax
= 700,000
Answer to SEQ 5
Solution
Income
Construction 200
Consultancy 120
Total Income 320m
Less:
Operational and financial expenses (150m)
170m
Donation to Education Fund (TEA) (50m)
Balance 120m
Other donations
Note:
Education Fund contribution allowed in full. Other contributions to charities ceiling is 2% of the income
before the deduction.
Answer to SEQ 6
Unrelieved loss
(ii) Rationale
The rational is to allow businesses some time, especially in initial years, to recover
the losses suffered before actually levying income tax on the businesses.
Ideally, if the objective is to tax the profit, then the unrelieved losses comes only as
a result of having the business divided into years of income for administrative
purposes.
Allowing a deduction for unrelieved losses essentially ensures that what is eventually
taxed is purely the gains or profits from the business.
(iii) Exception
An exception to the treatment of unrelieved losses exist, for corporations, in which case
where they make losses for 3 consecutive years, if it makes a loss in the 4 th year, the
corporation will be liable to tax, which will be based on turnover.
The rationale for this is that 5 years is considered adequate for a venture to make turn
around, and since it enjoys the public services from the state, it should somehow
contribute to the same.
C3
SECTION C
Income Tax
1.0 Explain the rules relating to calculation of gain/loss of assets and liabilities and
explain the rules relating to realisation of assets and liabilities.
(a) a business asset of the business that is or was employed wholly and exclusively in the
production of income from the business;
(b) a debt obligation incurred in borrowing money, where the money is or was employed or an
asset purchased with the money is or was employed wholly and exclusively in the
production of income from the business; or
(c) a liability of the business other than a debt obligation incurred in borrowing money, where
the liability was incurred wholly and exclusively in the production of income from the
business.
1.1 Calculation of gain (loss):
a person’s gain from the realization of an asset or liability is the amount by which the sum of the
incomings from the asset or liability exceeds the cost of the asset or liability at the time of
realization
a person’s loss from the realization of an asset or liability is the amount by which the cost of
asset or liability exceeds the sum of the incomings (amount received) for the asset or liability at
the time of realization
236 Income Tax
(a) The total of all losses from the realization of investment assets of the investment during the
year
(b) Any unrelieved net loss of any other investment of the person for the year; and
(c) Any unrelieved net loss for a previous year of income of the investment or any other
investment of the person..
Example
Mr. Mapana a resident individual owns various investment assets, including shares in companies A, B, C
and D and interest inland and buildings. During the year of income he disposes of some of his shares in
the companies as indicated below. Calculate the net gain received on realization of those shares.
Unrelieved net loss from realization of investment assets previous year 200,000
Calculation of net gains from the realization of investment assets of an investment of a person for a year
of income is calculated as illustrated in the following example:- (All companies are resident in the United
Republic)
300,000
500,000/=
Gains to be included in calculating total income (S. 9(2) (b)) Shs. 1,800,000/=
Loss obtained from sale of shares in company C 200,000
500,000/=
Gains to be included in calculating total income (S. 9(2) (b)) Shs. 1,800,000/=
The sum of losses incurred in realization of the shares in companies C and D are set off against the
gains derived from the realization of shares in companies A and B.
From the definition of realisation of assets above, it can be said that an asset is realised when it is written
off from accounting records because of transaction that lead to transfer of risks and rewards associated
with the asset. Also, realisation of assets occurs when a transaction leads to reduction of value of assets
because of significant change in risks and rewards over an asset there is realisation of the assets.
However, decrease in value of assets because of depreciation or impairment loss does not result in
realisation of assets because the decrease does no result from transaction. Yet, besides realisation of
assets through transactions it is possible to realise an asset on occurrence of events like fire, thieves and
others mentioned above.
Definition
‘Underlying ownership’, in relation to an entity, means membership interests owned in the entity, directly
or indirectly through one or more interposed entities, by individuals or by entities in which no person has
a membership interest; or in relation to an asset owned by an entity, means the asset owned by the
persons having underlying ownership of the entity in proportion to that ownership of the entity.
Section 3
‘Asset’ means a tangible or intangible asset and includes currency, goodwill, know-how, property, a right
to income or future income and a part of an asset.
Definition
‘Underlying ownership’, in relation to an entity, means membership interests owned in the entity, directly
or indirectly through one or more interposed entities, by individuals or by entities in which no person has
238 Income Tax
a membership interest; or in relation to an asset owned by an entity, means the asset owned by the
persons having underlying ownership of the entity in proportion to that ownership of the entity.
Section 3
‘Asset’ means a tangible or intangible asset and includes currency, goodwill, know-how, property, a right
to income or future income and a part of an asset.
Section 3
‘Corporation’ means any company or body corporate established, incorporated or registered under any
law in force in the United Republic or elsewhere, an unincorporated association or other body of persons,
a government, a political subdivision of a government, a parastatalorganisation, a public international
organisation and a unit trust but excludes a partnership.
Section 3
‘Business asset’ means an asset to the extent to which it is employed in a business and includes a
membership interest of a partner in a partnership but excludes:
‘Depreciable asset’ means an asset employed wholly and exclusively in the production of income from a
business, and which is likely to lose value because of wear and tear, obsolescence or the passing of time
but excludes goodwill, an interest in land, a membership interest in an entity and trading stock.
Section 3
Section 3
‘Foreign currency debt claim’ means a debt claim that is denominated in a currency other than Tanzanian
shillings.
Section 3
On the other hand realisations of liabilities are regulated by Section 40(2) of the Income Tax Act 2004.
Actually liabilities of a person are deemed realised when:
a) the person ceases to owe the liability including when the liability is transferred, satisfied,
cancelled, released or expired. This part does not apply to liabilities of deceased individuals
b) in the case of a liability of a person who ceases to exist, excluding a deceased individual,
immediately before the person ceases to exist;
c) in the case of a foreign currency debt obligation, when such debt is actually paid.
d) in the case of a liability of an entity whose underlying ownership of an entity changes by more
than 50% as compared with that ownership at any time during the previous three years, the entity
is treated as realizing any liabilities owed by it immediately before the change; and
e) in the case of a liability owed by a resident person, immediately before the person becomes a
non-resident person, other than liabilities owed by the person through a permanent
establishment situated in the United Republic immediately after becoming non-resident.
Determine the incomings and cost of assets and liabilities and explain special rules
on deemed realization
Required:
Answer
The incoming of liability is the amount received or to be received from the loan, in this case the incoming
is Tshs.10,000,000.
3.2 Costs of assets and liabilities
Costs of assets or liabilities represent its monetary values. According to Section 37 and Section 40 costs
of assets or liabilities constitute a total of:
(i) expenditure incurred by the person in acquiring the asset including, where relevant, expenditure
of construction, manufacture or production of the asset;
(ii) expenditure incurred by the person in altering, improving, maintaining and repairing the asset;
(iii) expenditure incurred by the person in realising the asset or liabilities;
(iv) incidental expenditure incurred by the person in acquiring and realising the asset or liability; and
(v) any amount to be directly included in calculating the person's income; or that is an exempt
amount or final withholding payment of the person; but excludes consumption expenditure,
excluded expenditure and expenditure to the extent to which it is directly deducted in calculating
the person's income or included in the cost of another asset or liability.
Furthermore, the cost of trading stock should not include repair, improvement or depreciation of
depreciable assets; and determined under the absorption-cost method (Section 37(1)).
Furthermore, trading stocks should be valued consistently using either the first-in-first-out method or the
average-cost method, and these method can be used valuating non-trading stock fungible assets
(Section 37(2)).
Definitions
‘Absorption-cost method’ means the generally accepted accounting principle under which the cost of
trading stock is the sum of direct asset costs, direct labour costs and factory overhead costs.
Section 37(7)
‘Depreciable asset’ means an asset employed wholly and exclusively in the production of income from
abusiness, and which is likely to lose value because of wear and tear, obsolescence or the passing of
time but excludes goodwill, an interest in land, a membership interest in an entity and trading stock.
Section 3
‘Incidental expenditure’ incurred by a person in acquiring or realising an asset or liability includes:
advertising expenditure, taxes, duties and other expenditure of transfer; and expenditure of establishing,
preserving or defending ownership of the asset or liability, and the expenditure referred to any related
remuneration for the services of an accountant, agent, auctioneer, broker, consultant, legal advisor,
surveyor or valuer. Section 37(7)
Example
The following information relates to the production of certain trading stocks. Your duty is to determine the
costs of a single stock if 100,000 of them were produced.
Raw materials Tshs6,000,000
Labor Tshs2,000,000
Depreciation costs Tshs700,000
Repairs Tshs1,000,000
preserving or defending ownership of the asset or liability, and the expenditure referred to any related
remuneration for the services of an accountant, agent, auctioneer, broker, consultant, legal advisor,
surveyor or valuer. Section 37(7)
Example
240 Income Tax
The following information relates to the production of certain trading stocks. Your duty is to determine the
costs of a single stock if 100,000 of them were produced.
Raw materials Tshs6,000,000
Labor Tshs2,000,000
Depreciation costs Tshs700,000
Repairs Tshs1,000,000
Other factory overhead Tshs2,000,000
The costs of trading stocks should not include depreciation or repair costs, so the cost of producing that
batch was Tshs10,000,000. Using average cost method the cost of a single stock would be Tshs100.
Still, the costs of inherited assets from deceased individuals are the market values of that asset at the
time of such acquisition (Section 37(4)). Likewise, a cost of non-domestic asset of a person who
becomes a resident of the United Republic for the first time is the market value of the asset immediately
before becoming a resident (37(5)).
Example
During the year Mr. Kashumba , divorced his wife, by Court Order he was instructed to transfer
some of investments to his wife. He decided to transfer the following
Land costing Tshs 2,000,000 purchased on 2010, compound wall was constructed for Tshs.
200,000. The compound wall had damaged due to flood and repair cost Tshs 100,000 on 20X3.
The neighbor land owner paid Tshs 50,000 for a small piece to make boundary straight.
Net cost
In this case, cost= 2,300,000 (2,000,000+200,000+100,000) and incomings is Tshs. 50,000.
Net Cost is the actual investment of asset at any particular point of time.
i) Net Cost is
Tshs.
Cost 2,300,000
Less: Incomings (50,000)
The person making the transfer is treated as deriving an amount in respect of the realisation equal to the
net cost of the asset immediately before the realisation and the associate acquiring the assets at the
same value (Section 44(2)).
Definitions
‘Net cost of a depreciable asset’ at the time of its realisation is equal to its share of the written down
value of the pool to which it belongs at that time apportioned according to the market value of all the
assets in the pool .
Section 44(3)
‘Associate’ in relation to a person, means another person where the relationship between the two is :
a) that of an individual and a relative of the individual, unless the Commissioner is satisfied that it is
not reasonable to expect that either individual will act in accordance with the intentions of the
other;
b) that of partners in the same partnership, unless the Commissioner is satisfied that it is not
reasonable to expect that either person will act in accordance with the intentions of the other;
c) that of an entity and:
i] a person who either alone or together with an associate or associates under another
application of this definition; and whether directly or through one or more interposed entities,
controls or may benefit from 50 percent or more of the rights to income or capital or voting
power of the entity; or
ii] under another application of this definition, is an associate of a person to whom
subparagraph (i) applies; or
d) in any case not covered by paragraphs (a) to (c), such that one may reasonably be expected to
act, other than as employee, in accordance with the intentions of the other.
Section 3
4. Involuntary realisation of asset with replacement
In case of involuntary realisation of assets either by involuntary sell, exchange, transfer,
distribution, cancellation, redeem, destroy, loss, expiry or surrender and replace the asset
involuntary realised within a year; the person can be assumed deriving an amount in respect of
the realisation equal to: the net cost of the asset immediately before the realisation; plus the
amount, if any, by which amounts derived in respect of the realisation exceed expenditure
incurred in acquiring the replacement asset. Addition, the person is assumed incurring
expenditure in acquiring the replacement asset equal to the net cost of the asset immediately
before the realisation plus the amount, if any, by which expenditure incurred in acquiring the
replacement asset exceed amounts derived in respect of the realisation (Section 45). Yet, this
4. Involuntary realisation of asset with replacement
In case of involuntary realisation of assets either by involuntary sell, exchange, transfer,
distribution, cancellation, redeem, destroy, loss, expiry or surrender and replace the asset
involuntary realised within a year; the person can be assumed deriving an amount in respect of
242 Income Tax
the realisation equal to: the net cost of the asset immediately before the realisation; plus the
amount, if any, by which amounts derived in respect of the realisation exceed expenditure
incurred in acquiring the replacement asset. Addition, the person is assumed incurring
expenditure in acquiring the replacement asset equal to the net cost of the asset immediately
before the realisation plus the amount, if any, by which expenditure incurred in acquiring the
replacement asset exceed amounts derived in respect of the realisation (Section 45). Yet, this
Section applies only to taxpayers who apply to the Commissioner to use it.
5. Realisation by separation
Excluding where an asset is transferred under finance lease where the parties derive and incur
market value of assets immediately before transfer of the assets (Section 32(5)); where rights or
obligations with respect to an asset owned by one person are created in another person
including by way of lease of an asset or part thereof, permanently the person is treated as
realising part of the asset but is not treated as acquiring any new asset or liability; and when the
creation is temporary or contingent, the person is not treated as realising part of the asset or
liability but as acquiring a new asset (Section 46).
Deinition
‘Lease’ means an arrangement providing a person with a temporary right in respect of an asset of
another person, other than money, and includes a licence, profit-a-prendre, option, rental agreement,
royalty agreement and tenancy, Section 3.
Example
Robots and Assembler Design Ltd acquired the following assets after paying a single price of
Tshs20,000,000:
Asset Market value at the time of acquisition
Car Tshs7,000,000
Tractor Tshs6,000,000
Office furniture Tshs.2,000,000
Required:
Calculate costs of each asset.
Answer
The costs of assets should be apportioned on the market value at the time of acquisition as shown below;
Asset Tshs Costs
apportioned
Tshs
Car 7,000,000 14,583,333
Tractor 600,000 1,250,000
Office 2,000,000 4,166,667
furniture
Total 9,600,000 20,000,000
Example
Robots and Assembler Design makers disposed a business asset for Tshs2,000,000 after incurring
selling costs of Tshs800,000 and transport expenses of 100,000.
Required:
If the cost of the asset was Tshs400,000, determine gain or loss from the realisation of the assets.
Answer
Gain or loss of realisation of assets = Incomings less cost of the assets less realisation expenses.
Therefore,
Gain = Tshs2,000,000 – Tshs800,000 – Tshs100,000 - Tshs400,000 = Tshs700,000.
Self-Examination Questions
Question 1
The following information is provided in connection with realization of investment assets of an investment
of Madiba Limited for the three years ended 31st December 2013.
Required:
i] Compute the net gains/losses from realization of investment assets of Madiba Limited for the years of
income 2011, 2012 and 2013.
ii] Briefly explain the tax treatment of the net gains/losses computed above during their respective years
of income.
Question 2
MsAmina, a resident individual, has disposed her only residential house located at Mbezi Beach at TZS.
129,000,000 on April 1, 2012. She constructed the building in 2005 through XYZ Constructions Ltd where
she was charged TZS 90,000,000. The building permits and architectural design fees cost her TZS
10,000,000. In 2010 she made major renovation of her house which involved construction of servant
quarter for TZS 12,000,000 and painting of the old building and replacement of rusted iron sheets for TZS
6,000,000. The disposal costs were 2,000,000.
Required:
i] Calculate the gain/loss on realization of the building.
ii] Determine the tax payable with respect to the gain from realization of the building for the year of
income 2012.
iii] Briefly explain the nature of the tax payable under (ii) above.
MsAmina, a resident individual, has disposed her only residential house located at Mbezi Beach at TZS.
129,000,000 on April 1, 2012. She constructed the building in 2005 through XYZ Constructions Ltd where
she was charged TZS 90,000,000. The building permits and architectural design fees cost her TZS
10,000,000. In 2010 she made major renovation of her house which involved construction of servant
244 Income Tax
quarter for TZS 12,000,000 and painting of the old building and replacement of rusted iron sheets for TZS
6,000,000. The disposal costs were 2,000,000.
Required:
i] Calculate the gain/loss on realization of the building.
ii] Determine the tax payable with respect to the gain from realization of the building for the year of
income 2012.
iii] Briefly explain the nature of the tax payable under (ii) above.
Question
Question
3 3
Mrs.
Mrs.
Salama
Salama
disposed
disposed
thethe
following
following
assets
assets
during
during
thethe
taxtax
year
year
ended
ended st December
3131 st December
2015:
2015:
1. 1. OnOn1st 1May
st May2015,
2015,
Salama
Salama sold
sold
a freehold
a freehold warehouse
warehouse forfor
TZS.500,000,000.
TZS.500,000,000.The Thewarehouse
warehouse
was
waspurchased
purchased onon
1st 1January
st January 2001
2001forfor
TZS.250,000,000
TZS.250,000,000 andandwaswasextended
extendedat at
a cost
a cost
of of
TZS.100,000,000
TZS.100,000,000 during
during2004.
2004.In In
August
August
2010,
2010,thethe
floor
floor
of of
thethe
warehouse
warehouse waswas
damaged
damaged by by
earthquake
earthquake and and
had
had
to to
bebe replaced
replaced at at
a cost
a costof of
TZS.50,000,000.
TZS.50,000,000.The The
warehouse
warehouse waswassold
sold
because
because it was
it wassurplus
surplus to to
thethe
business’s
business’s requirements
requirements duedueto to
thethe
factfact
that
that
Mrs.
Mrs.Salama
Salama
purchased
purchased a newly
a newly
built
built
warehouse
warehouse in in
2014.
2014.Both Both
warehouses
warehouses have
havealways
always
been
beenused
used
forfor
business
business purposes
purposesin ainwholesale
a wholesale business
business runrun
by by
Salama
Salama as as
a sole
a sole
trader.
trader.
1. 1.OnOn 1st 1November
st November 2015,
2015,
sheshesold
sold
anan acre
acre
of of
land landforfor
TZS.15,000,000.
TZS.15,000,000.SheShe
hadhad
originally
originally
purchased
purchased fivefive
acres
acres
of of
land
land
onon7th7July
th July
2013
2013
forfor TZS.5,000,000.
TZS.5,000,000.
TheThe
market
market
value
value
of of
thetheunsold
unsoldfour
four
acres
acres
of of
land
land
as as
at at 1 st 1November
st November 2015
2015
waswas
TZS.55,000,000.
TZS.55,000,000.The The
land
land
hashasnever
neverbeen
been
used
used
forfor
agriculture
agriculturepurposes.
purposes.
2. 2.OnOn 24September
24th th September 2015,
2015,sheshe
sold
sold700,000
700,000 TZS.100
TZS.100ordinary
ordinaryshares
sharesin in CDB
CDB Bank
BankPlcPlc
whose
whose shares
shares
trade
trade
at at
DarDar
es es
Salaam
Salaam Stock
Stock Exchange,
Exchange, forfor
TZS.700,000,000.
TZS.700,000,000.She She
hadhad
originally
originallypurchased
purchasedthethe700,000
700,000shares
sharesin inCDB
CDBBankBankPlcPlconon2 nd2 ndJune
June2005
2005forfor
TZS.35,000,000.
TZS.35,000,000. This
This
shareholding
shareholdingis more
is more
than
than
25%25%
of the
of the
CDBCDBBank
Bank
Plc’s
Plc’sissued
issued
shares.
shares.
3. 3.OnOn 24December
24th th December 2015,
2015,
sheshemade
madea gift
a giftof of
herher
entire
entireholding
holding
of of
24,000
24,000TZS.400
TZS.400 ordinary
ordinary
shares
shares in MNB
in MNBPlc.,
Plc.,
to to
herher
daughter-Amina
daughter-Amina ononherher
graduation
graduationday.
day.OnOnthat
that
date,
date,
thethe
shares
shares
were
were quoted
quoted at at
thetheDarDar
es es
Salaam
Salaam Stock
Stock Exchange
Exchange at at
TZS.750.
TZS.750.The Theshares
shareshadhad
been
been
purchased
purchased onon 2 2January
nd nd January2011
2011forfor
TZS.12,000,000.
TZS.12,000,000.Mrs. Mrs.
Salama’s
Salama’sshareholding
shareholding
was
wasless
lessthan
than
15%15%of MNB
of MNBPlc’s
Plc’s
issued
issued
share
share
capital.
capital.
Required:
Required:
Calculate
Calculatethethe
chargeable
chargeable
investment
investment
capital
capital
gain
gain
arising
arising
from
from
each of of
each Mrs.
Mrs.
Salama’s
Salama’s
asset
asset
disposals
disposals
during
during
thethe
taxtax
year
year
ended
ended 31December
31st st December
20152015
Answers
Answers
to to
Self-Assessment
Self-Assessment
Questions
Questions
Answer
Answer
to to
SEQSEQ
1 1
2011
2011 2012
2012 2013
2013
TZS
TZS TZS
TZS TZS
TZS
Gains
Gains
from
from
realization
realization - - 20,500,000
20,500,000 150,000,000
150,000,000
Losses
Losses
from
from
realization
realization 22,500,000
22,500,000 - - 22,000,000
22,000,000
Unrelieved
Unrelieved
netnet
losses
losses
from
from
previous
previous - - 22,500,000
22,500,000 2,000,000
2,000,000
year
year
NetNet
Gains
Gains
(losses)
(losses)
from
from
realization
realization (22,500,000)
(22,500,000) (2,000,000)
(2,000,000) 126,000,000
126,000,000
TheThenetnet
losses
lossesin in
2011
2011
(2012)
(2012)
cancan
bebe
carried
carried
forward
forward
to to
2012
2012
(2013)
(2013)
and
and
deducted
deducted
against
against
anyany
gains
gains
from
from
realization
realization
The
The
netnet
gains
gains
from
from
realization
realization
shall
shall
bebe
included
included
in in
calculation
calculation
of of
chargeable
chargeable
income
income
from
from
investment
investment
in in
2013
2013
Realisation of assets and Liabilities: 245
Answer to SEQ 2
i] The gain/loss on realization building:
TZS TZS
Incomings 129,000,000
Less: Costs
Construction costs 90,000,000
Architectural design 10,000,000
Renovation 12,000,000
Disposal costs 2,000,000
114,000,000
Gain on realization 15,000,000
ii] Amina will have to pay 10% of the gain TZS 15mil as tax which is equal to TZS 1,500,000.
Note 1:
Where a person who owns an asset in this case land, realizes part of it, the net cost of the asset
(in this case TZS 5,000,000) immediately before the realization shall be apportioned between the
part of the asset realized and the part retained according to their market values immediately after
the realization (in this case 15,000,000/70,000,000) section 47 (3)) of the Income Tax Act 2004).
246 Income Tax
C4
SECTION C
Income Tax
Depreciation expenses calculated using accounting policies and methods is not an allowable deduction
for taxation purposes. One has to calculate depreciation allowance of depreciable assets in accordance
with the Income Tax Act Cap, 332, for the allowance to be deductible. This Study Guide introduces you to
the rules of calculating depreciation allowance for depreciable assets.
ClassifyClassify
depreciable
depreciable
assets;assets;
adding adding
depreciable
depreciable
assets assets
in the pool
in the
ofpool
depreciable
of depreciable
assets assets
and Calculate
and Calculate
depreciation
depreciation
allowances.
allowances.
[Learning
[Learning
OutcomeOutcome
a, b anda,c]b and c]
1. Depreciable
1. Depreciable
AssetsAssets
The Income
The Tax
Income
Act,Tax
CapAct,
332,Cap
provides
332, provides
that for the
thatpurposes
for the purposes
of calculating
of calculating
a person’s
a person’s
income from
income from
any business,
any business,
there shall
there
be shall
deducted
be deducted
in respect
in of
respect
depreciable
of depreciable
assets owned
assetsand
owned
employed
and employed
by the by the
person during
persontheduring
yearthe
of income
year of wholly
incomeandwholly
exclusively
and exclusively
in the production
in the production
of the person’s
of the person’s
income income
from thefrom
business,
the business,
the depreciation
the depreciation
allowances
allowances
granted under
grantedtheunder
Thirdthe
Schedule
Third Schedule
to the Act.
to the Act.
1.1 Depreciable
1.1 Depreciable
assets assets
Depreciable
Depreciable
asset means
assetan
means
assetanemployed
asset employed
wholly andwholly
exclusively
and exclusively
in the production
in the production
of income of income
from a business,
from a business,
and which
andis which
likely to
is lose
likelyvalue
to lose
because
value because
of wear and
of wear
tear,and
obsolescence
tear, obsolescence
or the or the
passing passing
of time but
of time
excludes
but excludes
goodwill,goodwill,
an interest
an in
interest
land, ainmembership
land, a membership
interest in
interest
an entity
in an
andentity and
trading stock.
trading stock.
Classification
Classification
of Depreciable
of Depreciable
Assets Assets
There areThere
8 classes
are 8 classes
of depreciable
of depreciable
assets as
assets
far asasIncome
far as Income
Tax Act Tax
CapAct
332.
Cap
These
332.are
These
as are as
follows: follows:
Class 1 Class 1
Computers
Computers
and dataandhandling
data handling
equipment
equipment
togethertogether
with peripheral
with peripheral
devices,devices,
Automobiles,
Automobiles,
buses buses
and minibuses
and minibuses
with a seating
with a capacity
seating capacity
of less than
of less
30 than
passengers,
30 passengers,
goods vehicles
goods vehicles
with a load
with a load
capacitycapacity
of less than
of less
7 tonnes;
than 7 Construction
tonnes; Construction
and earth-moving
and earth-moving
equipment
equipment
Class 2 Class 2
Buses with
Buses
a seating
with a capacity
seating capacity
of 30 or ofmore
30 orpassengers,
more passengers,
heavy general
heavy general
purpose purpose
or specialized
or specialized
trucks, trailers
trucks, and
trailers
trailer-mounted
and trailer-mounted
containers;
containers;
other self-propelling
other self-propelling
vehicles,vehicles,
RailroadRailroad
cars, cars,
locomotives
locomotives
and equipment;
and equipment;
Vessels,Vessels,
barges, barges,
tugs andtugs
similar
andwater
similar transportation
water transportation
equipment;
equipment;
Aircraft;Plant
Aircraft;Plant
and machinery
and machinery
(including(including
windmills,
windmills,
electric generators
electric generators
and distribution
and distribution
equipment)
equipment)
used in manufacturing
used in manufacturing
or mining oroperations;
mining operations;
specialized
specialized
public utility
public plant
utility
and plant
equipment;
and equipment;
and and
machinerymachinery
or other or
irrigation
other irrigation
installations
installations
and equipment.
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
Natural resource exploration and production rights, Expenditures incurred wholly and exclusively
in respect of natural resource prospecting, exploration and development
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 other than those in Class 4
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
Buildings, structures and similar works of permanent nature other than those mentioned in Class
5
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
The amount of 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.
The initial allowance granted to a person shall be available in two portions as follows -
ii] qualifies to be added in the person’s Class 2, 3 or 8 pools of depreciable assets.
There are conditions however for an initial allowance to be granted to these assets. The assets above
shall be:
i] Tax
250 Income used in manufacturing processes and fixed in a factory;
ii] used for providing services to tourists and fixed in a hotel
The amount of 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.
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
ii] the remaining portion shall be available during the year of income following that in which the first
portion is added.
Depreciation Methods
Depreciation allowance shall be calculated using reducing balance method in the case of Class 1, 2 and
3 pools, and according to straight line method in the case of Class 4, 5, 6 and 7 pools.
Depreciation Formula
The depreciation formula put forward by the Act is the following:
Annual
Annual
Depreciation
Depreciation Allowance
Allowance= A= xABx xBC/365
x C/365
Where
Where-A-A is the depreciation
is the depreciationbasis
basis
of the
of the
pool
pool
at the
at the
endend
of the
of the
year
year
of income;
of income;
B B is the depreciation
is the depreciation
rate
rate
applicable
applicable
to the
to the
pool;
pool;
andand
C C is the number
is the number
of of
days
daysin the
in the
person's
person'syear
year
of income
of incomethethe
asset
asset
was
was
employed
employed
Depreciation
DepreciationBasis
Basis– Reducing
– ReducingBalance
BalanceMethod
Method
Depreciation basis
Depreciation of of
basis Class 1, 1,
Class 2, 2,
3 or 8 pools
3 or of of
8 pools a person at at
a person thethe
end of of
end a year of of
a year income is computed
income as as
is computed
follows:
follows:
Depreciatio
Depreciatio Writte
Writte Addition
Addition Incoming
Incoming
n Basis
n Basis
at at = = n n + + s tos the
to the - - s for
s for
thethe
thethe
endend
of of Down
Down CostCost
of of assets
assets
thethe year
year Value
Value thethe
at the
at the Asset
Asset
start
start
of of
thethe
yearyear
Where
Whereby:by:
Written Down
Written DownValue at the
Value start
at the of the
start year
of the year
= Closing
= ClosingDepreciation
Depreciation Basis
Basis
forfor
lastlast
year – Last
year – LastYear
YearAnnual
AnnualDepreciation
Depreciation
Additions
Additions = Cost
= Costof assets
of assets added in the
added pool
in the during
pool thethe
during year
year
Incomings
Incomings = Proceeds
= Proceeds fromfrom
disposal
disposal
of assets
of assets from
from
thethe
pool
pool
during thethe
during year
year
Depreciation
Depreciationbasis in this
basis case
in this cancan
case only bebe
only reduced
reduced to zero butbut
to zero notnot
below
below it. Ifit.itIfturns to be
it turns negative,
to be then
negative, then
thethe
pool is considered
pool is considered as as
written-off (non-existent).
written-off (non-existent).
Moreover,
Moreover,if the depreciation
if the depreciationbasis at at
basis thethe
end
endof of
year
yearis below
is belowTZS
TZS 1,000,000,
1,000,000, thethe
depreciation of of
depreciation thethe
pool shall
pool bebe
shall equal to the
equal depreciation
to the depreciationbasis at the
basis end
at the of that
end year
of that [i.e.[i.e.
year thethefigurefigure below
belowTZS 1,000,000].
TZS 1,000,000].
Depreciation
Depreciation Basis
Basis– Straight
– Straight
Line
Line
According
Accordingto to
thethe
Act, thethe
Act, depreciation basis
depreciation of of
basis Class 4, 4,
Class 5, 5,
6 or 7 pools
6 or of of
7 pools depreciable assets
depreciable of of
assets a person
a person
at the end
at the of a
end ofyear of income
a year shall
of income be:be:
shall
Depreciati
Depreciati Depreciati
Depreciati Addition
Addition Incomin
Incomin
onon
Basis
Basis
at at = = ononbasis
basis
at at + + s tos the
to the - - gs gs
forfor
thethe
endend
of of thethe
start
start
of of CostCost
of of thethe
thethe
year
year thethe
year
year thethe assets
assets
Asset
Asset
Moreover, if the depreciation basis at the end of year is below TZS 1,000,000, the depreciation of the
pool shall be equal to the depreciation basis at the end of that year [i.e. the figure below TZS 1,000,000].
Depreciation basis for these classes can only be reduced to zero but not below it. That means, if the
depreciation basis turns to be negative, then it shall instead be reported as zero.
Moreover, if the depreciation basis at the end of year is below TZS 1,000,000, the depreciation of the
pool shall be equal to the depreciation basis at the end of that year [i.e. the figure below TZS 1,000,000].
On top of that the annual depreciation allowance granted to a person for a year of income with respect to
a Class 4, 5, 6 or 7 pool of depreciable assets shall not exceed the Written Down Value of the pool at the
end of the year of income.
Annual Depreciation of the pool ≤ Written Down Value of the pool at the end of the year of income.
Written Down Value for a pool of assets falling under class 4, 5, 6 or 7 is computed as follows:
Ending Written Down Value = Ending Depreciation Basis – Previous Years Accumulated Depreciation
You may notice differences in the Written Down Value formula for Class 4, 5, 6, or 7 pools vs Class 1, 2,
3 or 8 pools shown above.
3.3 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, the disposer is entitled to claim the difference as addition allowance; or
This allowance is granted in case of pool disposed physically but there is +ve figure of Opening +
Addition- Disposal‟, this amount is granted as addition depreciation allowance based on residual
concept of transactional tax treatment. If there is -ve figure of „Opening + Addition- Disposal‟, this
amount shall be included in Profit or Gain u/s 8(2) (d).
Depreciation Rates
The depreciation rates applicable to each pool are as follows:
CLASS RATE
1 37.5%
2 25%
3 12.5%
4 20%
5 20%
6 5%
7 1 ÷ useful life
8 100%
The useful life of the asset used in class 7 shall be rounded down to the nearest half year. For example a
useful life of 5 years and 3 months shall be rounded down to 5 years, while a useful life of 7 years and 7
months shall be rounded down to 7.5 years.
Self-Examination Questions
Commercial vehicle means a road vehicle designed to carry loads of more than half a tonne or more than
thirteen passengers or a vehicle used in a transportation or vehicle rental business. Where a person
acquires a non-commercial road vehicle whose value exceeds TZS 30,000,000, the amount of the
expenditure allowed to be added to the pool in respect of the vehicle shall be only TZS 30,000,000. Any
252 Income Tax
expenditure in excess of TZS 30,000,000 shall not be recognised.
Self-Examination Questions
Question 1
Mr. Makuti conducted a guest house business for the year ended 2019 with the following assets;
(i) A guest house building which cost Tshs. 40,000,000 by year 2018
(ii) 25 beds which cost Tshs. 2,000,000.
(iii) One ton Toyota pick-up that was imported form Dubai in December year 2019 for Tshs.
9,000,000.
(iv) One desktop computer which was purchased for Tshs. 4,000,000.
(v) 15 split unit air conditioners, costing Tshs. 6,000,000
(vi) 20 years leasehold of land as from January 2019 where the guest house building was
constructed.
Required;
Compute the depreciation allowance to be granted to Mr. Makuti for year 2019. (Opening
depreciation base for class 2 was 15,000,000)
Question 2
Maliba Limited is a company involved is a company involved in the manufacturing of shoes. The
company is located in the Chirimba Industrial Area.
The following information is available in connection with the property and equipment used in Maliba
Limited’s business for the year ended 31st December, 2018. Tax written down Values (TWDV) as at 1 st
January, 2018.
Tshs.
Factory building 850,060,000
Motor vehicles (saloon) 28,080,000
30 seats bus 6,750,250
Computers 2,500,000
Motor Lorries (for heavy work) 98,146,500
Accumulated depreciation for factory building 94,451,111
The following transactions took place during the year ended 31 st December, 2018. Additions to property
and equipment at cost:
Tshs.
April Machine (new) 86,000,500
July Lorry (for light work) 45,265,000
August Factory extension 12,465,000
September, Computers (two desktops) 2,465,000
Included in the cost of the factory extension is the cost of an office amounting to Tshs. 5,620,500.
Disposals
April - Motor vehicle (sale proceeds) Tshs. 6,350,000.The vehicle had been purchased in
January, 2017 for Tshs. 2,791,666.
Required:
(a) Prepare the capital allowances schedule for Maliba Limited for the year ended 31 st December,
2018 and
(b) Compute the total allowances available to the company for the year.
Note: You should pay particular attention to the presentation of the schedule
Depreciation of Depreciable Assets: 253
Question 3
ABC Co. Ltd. Commenced a business of assembling computer hardware on 1 st May 2018. The company
acquired the following assets from XYZ which was winding up its business in the URT on 30 th April 2018:
(i) A house which was used by the XYZ’s director for Tshs. 15,000,000. This was converted by ABC
Co. Ltd. into a factory building after incurring additional alterations cost of Tshs. 4,500,000.
(ii) Factory building was acquired for Tshs. 24,000,000. One fifth of this building houses the head office.
The office was air conditioned with air conditioners worth Tshs. 2,000,000.
(iii) Factory plant and machinery worth Tshs. 180,000,000. The tax written down value (TWDV) of the
machinery was Tshs. 60,000,000 in the vendor’s books.
(iv) Two five-ton Lorries worth Tshs. 40,000,000 in total. Their total TWDV was Tshs. 32,000,000 and
their total book value (BV) was Tshs. 28,000,000.
(v) A saloon car costing Tshs 33,000,000. This car had a nil BV and TWDV in the books of the vending
company. ABC Co. Ltd. used the car purely for business purposes.
(vi) Office furniture was purchased for Tshs. 4,200,000. This asset had a TWDV of Tshs. 1,800,000/=
and accumulated depreciation of Tshs. 400,000.
(vii) Office stationery and some operational guides were also purchased for Tshs. 1,900,000/=
After the commencement of the business, the following transactions took place:
i) One of the Lorries was qutted by fire Tshs. 8,000,000 as insurance compensation was received
from National Insurance Corporation for the loss.
ii) On 1st November 2018 an eight-ton trailer was purchased for Tshs. 38,000,000.
iii) BBA sold to ABC Co. Ltd. a godown building constructed for Tshs. 15,000,000 at Tshs.
175,000,000. It was used for storage of ABC Co. Ltd. finished products from 1 st January 2019.
iv) The remaining lorry was exchanged for a new one on 1 st March 2019. ABC Ltd. had to pay an
additional Tshs. 10,000,000 for the new lorry, the total cost of which was Tshs. 24,000,000.
Required: Compute depreciation allowances to be granted to ABC Co. Ltd. for the year of
income 2019 under the Income Tax Act, Cap 332.
Question 4
a. Define the term ‘depreciable assets’ as per the Income Tax Act, Cap 332.
b. Clearly provide at least five (5) conditions to be fulfilled by a person before being granted
depreciation allowance as per the Income Tax Act, Cap 332.
c. OKWI Co. Ltd was incorporated in the United Republic of Tanzania in May 2015. It started
business in June 2015, the accounting period of the company ends on 31 st December.
The company’s activities include; tour operator, travel agent and hotelier. In order to expand its
business, the company entered into an agreement with Entebe Air to lease one of its aircrafts.
The lease period was 96 months commencing on 1st July 2015.
The lease value was TZS.4.8 billion where as the lease agreement conditions to be borne by the
lessee included repair and maintenance, and monthly rental charge of TZS.46 million. The
lessee was not allowed to re-release the aircraft, and the lease agreement was renewable.
254 Income Tax
Other information from OKWI Co. Ltd include expenditure incurred during the year as
maintenance cost of TZS.10,850,000.
Required:
Calculate depreciation allowance for the year 2015 as per the provisions of the Income Tax Act,
Cap 332.
Answer to SEQ 1
Depreciation schedule
Answer to SEQ 2
Depreciation schedule
Classes
Total depreciation
allowances
I II VI
TWDV at start
Factory building 850,060,000
Motor vehicle (Saloon) 28,080,000
30 seats Bus 6,750,250
Computers 2,500,000 CL
Motor lorries 98,146,500
TWDV 1/1/2007 30,580,000 104,896,750 850,060,000
RA
Additions
Ho
Depreciation of Depreciable Assets: 255
Lorry 45,265,000
Computers 2,465,000
FactoryLorry
extension 45,265,000 12,465,000
Computers 33,045,000
2,465,000 150,161,750 862,525,000
Realisation
Factory extension 12,465,000
Motor vehicles (6,350,000)
33,045,000 150,161,750 862,525,000
Depreciation basis
Realisation 26,695,000 150,161,750 862,525,000
Rate Motor vehicles 37.5% (6,350,000) 25.0% 5.0%
AnnualDepreciation
Depreciation
basis (10,010,625)
26,695,000 (37,540,438)
150,161,750 (47,486,808)
862,525,000
allowance
Rate 37.5% 25.0% 5.0% 95,037,870
Annual Depreciation (10,010,625) (37,540,438) (47,486,808)
TWDV allowance 16,684,375 112,621,313 815,038,192 95,037,870
31/12/2007
TWDV 16,684,375 112,621,313 815,038,192
31/12/2007
1st portion of initial
allowances 1/2*43,000,250 21,500,125
1st portion of initial
allowances 1/2*43,000,250 21,500,125
116,537,995
116,537,995
Note 1:
Machines are used in manufacturing. They enjoy initial allowance in first year put into use and 50% of
Note 1:
cost is added in the pool under class 2 after 12 months. The 1 st portion of the initial allowance is claimed
Machines are used in manufacturing. They enjoy initial allowance in first year put into use and 50% of
in the first year put into use , the 2nd portion shall be claimed 12 months after the machine is pooled.
cost is added in the pool under class 2 after 12 months. The 1 st portion of the initial allowance is claimed
in the first year put into use , the 2nd portion shall be claimed 12 months after the machine is pooled.
Note 2:
Depreciation
Note 2:for class 6.
On 1/1/2017
DepreciationWDVfor for building
class 6. 850,060,000
Add: Acc Depr.
On 1/1/2017 WDV for building 94,451,111
850,060,000
Depreciation Basis
Add: Acc Depr. 944,511,111
94,451,111
Depreciation Basis 944,511,111
Depreciation allowance = 944,511,111 x 5% x 365/365 = 47,225,555
Depreciation allowance = 944,511,1119x 5% x 365/365 = 47,225,555
Depreciation for addition = 12,465,000 x 5% x 153/365 9 = 261,252.7
Depreciationallowance
Total depreciation for addition = 12,465,000 x 5% x 153/365 = 261,252.7
47,486,807.70
Total depreciation allowance 47,486,807.70
Answer to SEQ 3
Answerofto
Computation SEQ 3
Depreciation Allowance
Computation of Depreciation Allowance
CLASS I II III VI Total
CLASS I II III VI Total
depreciation
depreciation
allowances
allowances
RATE-A 37.5% 25% 12.5% 5%
RATE-A 37.5% 25% 12.5% 5%
Tshs’000’
Tshs’000’
Tshs’000’
Tshs’000’
Tshs’000’
Tshs’000’
Tshs’000’
Tshs’000’
Tshs’000’
Tshs’000’
House House 19,500
19,500
256 Income Tax
*(38,000-9,500)
Answer to SEQ 4
(a) As per S.3 of the ITA 2004, Depreciable assets means an asset employed wholly and
exclusively in the production of income from a business, and which is likely to loose value
because of wear and tear, obsolescence or the passing of time but excludes goodwill, an
interest in land, a membership interest in an entity and trading stock. Examples of depreciable
assets employed in the business may include office furniture, office computer, office building,
fixtures and fittings installed in the office etc.
(b) As per section 17 of the Income Tax Act 2004 as conditions to be fulfilled by a person before
being granted depreciation allowance are:
The items must be depreciable assets
Must be owned by the person generating his income
Must be wholly and exclusively employed in the production of the person’s income from the
business.
Must be employed during the year of income in which it relates
It must be a domestic assets i.e. situated in United Republic of Tanzania.
Depreciation Allowance
Formula = AxBxC/365
Where
(c) Name of the taxpayer: OKWI Co. Ltd.
Residential status: Resident Corporation
Year of income: 2015
Computation of Depreciation allowance to be granted for the year 2015 as per the third
schedule of the ITA 2004; Depreciation of Depreciable Assets: 257
Depreciable item
Depreciation Allowance
Formula = AxBxC/365
Where
A = is the depreciation basis of the pool at the end of the year of income
= 4,800,000,000
SECTION D
SECTION D: COMPUTATION
Computation of Taxable
OF TAXABLE INCOME
Income
In F S Consulting Ltd v McCaul (2002) case it was decided that the owner of F S Consulting Ltd, Mr
Frank Simpson earned income under contract of service not contract for service. Mr Simpson was a
computer consultant and the sole director and shareholder of F S Consulting Ltd. During the relevant
time of the contract Mr Simpson supplied his services to the F S Consulting Ltd who supplied them to an
agency called Topper Recruitment Limited (Topper) who supplied them to Better Investments Plc
(Better). It was disputed that Mr Simpson was an employee of Better Investment Plc. The judge
asserted that:
Mr Simpson did agree, in consideration of remuneration, to provide his own work and skill to Better
and it was also part of the arrangements that the standard working week was 37.5 hours. Any
absence of Mr Simpson had to be agreed and approved in advance by Better (although in fact there
were no difficulties)
Frank Simpson earned income under contract of service not contract for service. Mr Simpson was a
computer consultant and the sole director and shareholder of F S Consulting Ltd. During the relevant
time of the contract Mr Simpson supplied his services to the F S Consulting Ltd who supplied them to an
agency called Topper Recruitment Limited (Topper) who supplied them to Better Investments Plc
(Better). It was disputed that Mr Simpson was an employee of Better Investment Employment
Plc. The Income:
judge 261
asserted that:
Mr Simpson did agree, in consideration of remuneration, to provide his own work and skill to Better
and it was also part of the arrangements that the standard working week was 37.5 hours. Any
absence of Mr Simpson had to be agreed and approved in advance by Better (although in fact there
were no difficulties)
Mr Simpson was a man of skill and experience and so it would not be expected that Better would tell
him how to do his work; however, Mr Simpson was part of a team made up mainly of employees of
Better and of which the project manager was an employee of Better. The project manager controlled
what was to be done and when it was to be done although he left it to Mr Simpson to decide how it
should be done. Also, the contract between the appellant and Topper provided that Mr Simpson had
to take all necessary instructions from Better and comply with Better's rules, regulations and
procedures
In the performance of his work Mr Simpson was also subject to Better's control to the extent that the
contract between the Appellant and Topper provided that it could be terminated immediately if Better
terminated its agreement with Topper because of the incompetence, unsuitability or unprofessional
conduct of Mr Simpson
Mr Simpson did not hire his own employees; the members of his team were mainly permanent
employees of Better and one other consultant who had entered into his own contract with Better
Mr Simpson did not provide and maintain his own tools and equipment; he used the mainframe
computer and other equipment provided by Better
Mr Simpson was not paid by reference to the volume of work done but by reference to the number of
hours he worked
Mr Simpson did not invest in any enterprise and he did not bear any financial risk; he had no
opportunity of profit and no risk of loss. All his invoices were paid
The relationship between Mr Simpson and Better had some element of permanency as it lasted for
two and a half years from December 1998 to June 2001
While working for Better Mr Simpson only provided work for Better and for no other client. Before
working for Better he worked for two other clients and since leaving Better he has worked for one
other client but has never worked for more than one client at a time
Mr Simpson was integrated into the structure of Better to the extent that he worked closely with its
employees; also the project manager was an employee.
Therefore, Mr Simpson was an employee of Better.
In calculating an individual’s gains or profits from an employment for a year of income the following
payments made to or on behalf of the individual by the employer or an associate of the employer during
that year of income shall be included:
Example
Robots and Assembler Design makers employed Ms. Rachel Makona as the Company Accountant with
effect from 1 January 2017. By the time the company submitted a statement of employment income for
year 2018, the following information was revealed to her as her monthly emoluments:
employee;
(iii) Payments for the employee’s agreement to any conditions of the employment;
(iv) Retirement contributions and retirement payments paid by an employer on behalf of employees
(v) Payment for redundancy or loss or termination of employment relating to the year of payment;
262 Computation of Taxable Income
(vi) Other payments made in respect of the employment including benefits in kind (Section 7(2)).
Example
Robots and Assembler Design makers employed Ms. Rachel Makona as the Company Accountant with
effect from 1 January 2017. By the time the company submitted a statement of employment income for
year 2018, the following information was revealed to her as her monthly emoluments:
TZS
Basic monthly salary 600,000
Transport allowance monthly 250,000
Lunch allowance monthly 150,000
Medical allowance monthly 100,000
The employer housed her for free. The market value of rental at that area was TZS 400,000 per month
and the expenditure claimed by the company for that premises was TZS 150,000. The contribution
made monthly by the employee was TZS 50,000 as rent. Beside the emoluments stated above, the
employee had the following benefits:
(i) Self-driven car for private use, which is 3000 cc, brand new. The company claims expenditure of car
maintenance.
(ii) Loan advances of Tshs3,000,000 payable in 15 monthly instalments and free of interest. Statutory
rate was 10% per annum.
(iii) Other benefits included electricity TZS 30,000 and water TZS 25,000 per month.
The employer was contributing 15% of basic salary to the approved retirement fund, while the employee
contributed 5%.
Though her employment services were terminated on 31 December 2018, the company paid her
Tshs30,000,000 as termination benefits (compensation for lost employment).
Other income she received in 2018 was TZS 300,000 interest from CRDB Bank (a resident person),
TZS1,500,000 – lease amount from Milk Shake Company for the building she leased to the company
since 2008.
Required:
Required:
Identify items included in chargeable employment income for the year 2018.
Identify items included in chargeable employment income for the year 2018.
Answer
Answer
With exception of interest from CRDB Bank and rent from Milk shake company all other is employment
With exception of interest from CRDB Bank and rent from Milk shake company all other is employment
income.
income.
1.4 Taxation of benefits in kind as employment income
1.4 Quantification
Taxation of benefits in kind benefits
of employment as employment income
in kind are dealt with in Section 27 of the Income Tax Act 2004.
Quantification
Generally, benefits in kind are valued on marketdealt
of employment benefits in kind are valueswith
of in
theSection
benefits,27butof with
the Income
exception TaxofAct
car 2004.
benefits,
Generally, benefits in kind are valued on market values of the benefits, but with exception
beneficial loans and house benefits. These three benefits have specific approaches concerning their of car benefits,
beneficial loans
valuations. and house
Therefore, thisbenefits. These
Study Guide three these
explains benefits have specific
approaches approaches concerning their
in detail.
valuations. Therefore, this
1. Private uses of motor car Study Guide explains these approaches in detail.
1. Private
Whenuses of motor car
an employee uses an employer’s car for official purposes, it results in no taxable income.
When an employee uses
However, there is taxable anbenefit
employer’s
when car
the for official uses
employee purposes,
the carit for
results in purposes,
private no taxableprovided
income. the
However, there is taxable benefit when the employee uses the car for private
employer claims maintenance and ownership allowances of the car when computing his/her taxablepurposes, provided the
employer claims maintenance and ownership allowances of the car when computing
income (Section 7(3) (e)). In that case, the car benefit is the value given as per the table below. his/her taxable
income
As you(Section
can see, 7(3)the(e)). In that
value case,
of car the depends
benefit car benefitonisengine
the valuesizegiven
of carsasand
per age
the table
of thebelow.
car; the age is
As counted
you can see,
from the
the value of car benefit
first registration depends
of the on engine
car in the United size of cars
Republic and age of the car; the age is
of Tanzania.
counted from the first registration of the car in the United Republic of Tanzania.
Required:
Establish the taxable car benefit in kind of Ms. Rachel Makona for the year 2018.
Answer
From the information available in the question, the car is brand new and operates at 3,000 cc. Therefore,
from the table above, the annual car benefit is calculated as Tshs1,000,000.
2. Loan benefit
When an employer provides staff loans at lower interest rates compared to statutory rates or interest
free loans; recipient employees enjoy taxable income. The taxable income is the whole of the forgone
interest in the case of interest free loans and when the lower interest rate is offered the benefit would
be calculated based on the relinquished part of interest rate.
However, no taxable benefit is derived when the loan made by an employer to an employee is for less
than 12 months and the aggregate amount of the loan and any similar loans outstanding at any time
during the previous 12 months do not exceed 3 times the month’s basic salary (Section 27(1) (b)).
‘Statutory rate’ in relation to a calendar year means the prevailing discount rate determined by the Bank
of Tanzania;
Section 3
In short taxation of beneficial interest one needs to know the following important aspects
Check whether the loan made by an employer to an employee is for less than 12 months and
the aggregate amount of the loan and any similar loans outstanding at any time during the
previous 12 months do not exceed 3 times the month’s basic salary. If yes, no taxable benefit
arises from the loans given. Otherwise, go to the next steps.
The loans are given to employees because they are just employees, otherwise loans provided in
normal course of business at market terms are not employee beneficial loans.
The benefit bases on the forgone interest rate which can be statutory rate when the loans
concerned are interest free, otherwise the benefit is statutory rate less interest paid by
employees.
Interest = Outstanding amount x (statutory rate – interest rate paid) x time/12
Refer to the information of Test Yourself 1 of Robots and Assembler Design makers.
Required:
Calculate the loan benefit of Ms. Rachel Makona for the year 2018.
Solution
The loan made by the employer to the employee is for more than 12 months (in this case 15 months
term) also the aggregate amount of the loan and any similar loans outstanding at any time during the
previous 12 months exceed 3 times the month’s basic salary (Tshs3,000,000 is greater than 3 times
basic salary i.e. Tshs600,000). So the beneficial loan is taxable.
As the loan balance did not change, the formula of simple interest can be used to determine the forgone
interest.
So Interest = Principle x time/12 x saved interest rate = Tshs3,000,000 x 12/12 x 10%= Tshs300,000
3. Residential premises benefit
There is taxable employment benefit when an employee lives in a subsidized house and the employee
claims maintenance and ownership allowances in his/ her tax returns (Section 27(1)(c)). This valuation of
taxable house benefit in kind includes any furniture or other contents provided by an employer for
residential occupation by an employee during a year of income. Actually, the taxable benefit is the lower
of (i) and (ii) – given below after being reduced by any rent paid for the occupation by the employee.
;ĂͿ the market value rental of the part of the premises occupied by the employee for the period occupied
during the year of income; and
;ďͿ the greater of:
(i) 15% of the employee's total income for the year of income, calculated without accounting for the
provision of the premises and, where the premises are occupied for only part of the year of income,
apportioned as appropriate;
(ii) and expenditure claimed as a deduction by the employer in respect of the premises for the period of
occupation by the employee during the year of income;
The total income of a person is the sum of the person's chargeable income for the year of income from
each employment, business and investment less any reduction allowed for the year of income under
Section 61 relating to retirement contributions to approved retirement funds
(i) 15% of the employee's total income for the year of income, calculated without accounting for the
provision of the premises and, where the premises are occupied for only part of the year of income,
apportioned as appropriate;
(ii) and expenditure
264 Computation claimed as a deduction by the employer in respect of the premises for the period of
of Taxable Income
occupation by the employee during the year of income;
The total income of a person is the sum of the person's chargeable income for the year of income from
each employment, business and investment less any reduction allowed for the year of income under
Section 61 relating to retirement contributions to approved retirement funds
Section 5 (1)
Example
Hewit Ltd employed Ms Tracy Jones as the Company Accountant with effect from 1 January 2019. By
the time the company submitted a statement of employment income for year 2010, the following
information was revealed to her as her monthly emoluments:
Basic monthly salary Tshs 600,000
Transport allowance monthly Tshs 250,000
Lunch allowance monthly Tshs150,000
Medical allowance monthly Tshs100,000
The employer housed her freely. The market value of rental at that area was Tshs400,000 per month
and the expenditure claimed by the company for that premise was Tshs150,000. The contribution made
monthly by the employee was Tshs50,000 as rent. Beside the emoluments stated above, the employee
had the following benefits.
(i) Self-driven car for private use, which is 3000 cc, brand new. The company claims expenditure of car
maintenance.
(ii) Loan advances of Tshs3,000,000 payable after 15 monthly and free of interest. Statutory rate was
10% per annum.
(iii) Business income of Tshs1,000,000 and investment income of Tshs500,000
(iv) Other benefits included electricity Tshs30,000 and water Tshs25,000 per month.
Workings
Establishment of total income before house benefit in kind
Items Tshs Tshs
Basic salary 600,000 x12 7,200,000
Transport allowance 250,000 x12 3,000,000
Lunch allowance 150,000 x 12 1,800,000
Medical allowance 100,000 x 12 1,200,000
Car benefit as above 1,000,000 1,000,000
Loan benefit as above 300,000 300,000
Electricity 30,000 x12 360,000
Water 25,000 x12 300,000
Employment income 12,760,000
Add: Business income 1,000,000
Add: Investment income 500,000
Total income
;ĂͿ the annual market value Tshs4,800,000 14,260,000
;ďͿ the greater of:
House benefit is the lower of:
(i) 15% of Tshs14, 260,000 =
Tshs2,139,000
(ii) Employer’s claim
Tshs1,800,000.
This is reduced by monthly contribution made during the year of Tshs600,000 (Tshs50,000 x12). So the
house benefit without deduction of monthly contribution was Tshs2,139,000. It is the lower of
Tshs4,800,000 and Tshs2,139,000. The ultimate house benefit was Tshs1,539,000.
Example
Mr. Jaffer was employed by Kahama Mining Corporation Ltd since 2000. His monthly salary was
Tshs960,000 per month with effect from 1st. Mr. Jaffer was also provided with free residential house
accommodation by the employer and the resulting benefit was correctly determined to be Tshs200,000
per month; and employer claimed ownership allowances.
However, he was terminated on 31 December 2010 and paid a lump sum compensation of
Tshs18,560,000 on termination of his contract of employment on September 2013. The amount was
earned equally throughout ten years of employment.
Required:
You are required to establish his taxable income and state which year it will be taxable
Solution
;ĂͿ The earlier period between the year of receipt i.e. 2013, or which the employment or services
ceased i.e. 2010, is 2010.
;ďͿ Total redundancy, or loss or termination benefits relating to periods earlier than five years prior to
2010, i.e.
before 2005 i.e. 2000-2004 is equal to Tshs1,856,000 x 5 = Tshs9,280,000.
;ĐͿ Divide the total above by 6, then allocate the amount to 5 years immediately preceding 2010 in step
‘a’ above and in 2010. That is, allocate Tshs1,546,667 to 2010, 2011, 2012, 2013, 2014, and 2015.
The amount allocated will be taxed in the period allocated.
;ĚͿ Finally, the remaining balance (from 2005 to 2010) of termination benefit will be taxed on cash basis
on the date of receipt i.e. September 2013.
First, when a fixed employment contract is terminated before its expiration and the affected employee
gets termination benefits; taxable termination benefits should not exceed the amount which
would have been received in respect of the unexpired period (Section 7(5) (a)). Also this amount is
assumed to have accrued evenly in such unexpired period.
Second, when an employment contract which has unspecified term and provides for compensation on
its termination, the compensation thereon is deemed to have accrued in the period immediately
following such termination at a rate equal to the rate per annum of the gains or profits from such
contract received immediately prior to such termination (section 7(5)(b)).
Employment contract (which does not provide for compensation on termination) for an
unspecified term
Finally, when an employment contract is for an unspecified term and does not provide for
Second, when an employment contract which has unspecified term and provides for compensation on
its termination, the compensation thereon is deemed to have accrued in the period immediately
following of
266 Computation such termination
Taxable Income at a rate equal to the rate per annum of the gains or profits from such
contract received immediately prior to such termination (section 7(5)(b)).
Employment contract (which does not provide for compensation on termination) for an
unspecified term
Finally, when an employment contract is for an unspecified term and does not provide for
compensation on its termination thereof, any compensation paid on the termination thereof is deemed
to have accrued in the period immediately following such termination at a rate equal to the rate per
annum of the gains or profits from such contract received immediately prior to such termination, but the
amount so included in gains or profits must not exceed the amount of three years’ remuneration at
such rate (section 7(5)(c)).
Example
Mr. Jaffer was employed by Kahama Mining Corporation Ltd since 2010. His monthly salary was
Tshs 960,000
per month gross with effect from 1st. Mr. Jaffer was also provided with free residential house
accommodation by the employer and the resulting benefit from the house benefits was correctly
determined to be Tshs 200,000 per month and employer claimed ownership allowances. However, he
was terminated on 31 December 2015 and paid a lump sum compensation of Tshs 18,560,000 on
termination of his contract of employment.
You are required to establish his taxable termination benefit and stated when i.e. year it will be taxable
if:
(a) The contract of employment was for ten years.
(b) The contract of employment was for unspecified term and provides for termination
benefits
(c) The contract of employment was for unspecified term and does not provide for
termination benefits.
Answer:
(iii) Employment contract (which does not provide for compensation on termination) for an
unspecified term
Finally, when the contract is for unspecified term and does not provide for termination
benefits, in case termination benefits is received, the maximum taxable amount should
be 3 times the annual employment income immediately before the .termination. In this
case it should not exceed Tshs 13,920,000 x 3 = Tshs 41,760,000. So as this amount is
higher than Tshs 18,560,000, the amount received should be taxed in 2016.
Exempt income
Exempt income items are normally given in the schedules reproduced below to assist you in
understanding exempt employment income, please take time to familiarize yourself with this schedule,
particularly paying attention to employment income.
;ŝͿ a scholarship or education grant payable in respect of tuition or fees for full-time
instruction at an educational institution;
;ũͿ amounts derived by way of alimony, maintenance or child support under a judicial
order or written agreement;
;ŬͿ amounts derived by way of gift, bequest or inheritance, except as required to be included
in calculating income under Sections 7(2), 8(2) or 9(2)
;ůͿ amounts derived by way of foreign living allowance by any officer of the Government that
are paid from public funds and in respect of performance of the office overseas;
;ŵͿ Income derived from gaming by a gaming lincensee who has paid gaming tax under Gaming
Act;
;ŶͿ income derived from investment or business conducted within the Export Processing Zone,
and Special Economic Zone during initial period of ten years;
;ŽͿ income derived from investments exempted under any written laws for the time being in force
in Tanzania Zanzibar;
;ƉͿ rental charges on aircraft lease paid to a non-resident by a person engaged in air transport
business; amounts derived by a crop fund established by farmers under a registered
farmers cooperative society, union or association for financing crop procurement from its
members;
;ƋͿ the fidelity fund established under the Capital Markets and Securities Act
;ƌͿ Amounts derived from gains on realization of asset by a unit holder on redemption of a unit by
a unit trust.
farmers cooperative society, union or association for financing crop procurement from its
members;
Employment Income: 269
;ƋͿ the fidelity fund established under the Capital Markets and Securities Act
;ƌͿ Amounts derived from gains on realization of asset by a unit holder on redemption of a unit by
a unit trust.
;ƐͿ payment of withholding' tax on dividend arising from investment in the Export Processing
Zone and Special Economic Zone during initial period often years; and
;ƚͿ payments of withholding tax on rent payable by an investor licensed under the Export
Processing Zone and Special Economic Zone during initial period of ten years, provided that
the rent is payable to an investor licensed under the Economic Processing Zones or the
Special Economic Zones."
;ƵͿ Distributions of a resident trust or unit trust shall be exempt in the hands of the trust's
beneficiaries (Section 52)Rent which does not exceed Tshs500,000, received by a resident
individual (the "landlord") in respect of residential premises situated in the United Republic
that are leased by another individual as the residence of that other individual and the rent is
not received by the landlord in conducting a business (Section 86(4)).
;
Final withholding payments
These are payments which are taxed only at the source by withholding the tax by the payers of the
payments.
So these payments are normally excluded in computation of income from employment,
investment or businesses. The following payments are final withholding payments as per section 86.-
(1):
Interest paid by financial institution to a resident individual where the interest is paid with
respect to a deposit held with the institution, other than interest received by the individual in
conducting a business; or foreign source interest paid to non-resident individual.
Rent paid to a resident individual under a lease of land or a building and associated fittings
and fixtures, other than rent received by an individual in conducting a business; or foreign source
rent paid to non- resident individual.
Service fees paid to a resident person who is conducting a mining business in respect of
management or technical services provided wholly and exclusively for the business by another
resident persons and money transfer commission to a resident money transfer agent.
3. Allowable Deductions
Apart from some exemptions, the Act has provided two deductions when computing income from
employment. These are:-
(i) Donation to education fund
Voluntary contribution of any amount to education establishment made under Section 12 of the
Education Fund Act by an employee is deductible expenses in determining his or her taxable
employment income (Section 16(3)).
(ii) Retirement contributions to approved retirement fund
In addition, employees can deduct pension contributions made by themselves or their employers
3. Allowable Deductions
Apart from some exemptions, the Act has provided two deductions when computing income from
270 Computation of Taxable Income
employment. These are:-
(i) Donation to education fund
Voluntary contribution of any amount to education establishment made under Section 12 of the
Education Fund Act by an employee is deductible expenses in determining his or her taxable
employment income (Section 16(3)).
(ii) Retirement contributions to approved retirement fund
In addition, employees can deduct pension contributions made by themselves or their employers
on employees’ behalf (or for the employees’ spouses) to approved pensions. Actually the law
allows deduction of pension contribution made by the individual; or an employer of the
individual to approved pension funds where the contribution is included in calculating the
individual's income from the employment (Section 61(1)). However, the reduction claimed by an
individual for any year of income should be the lower of the actual contribution or the
statutory amount required (Section 61(2)).
The statutory amount is TZS 2,400,000 if Actual Contributions do not exceed TZS 2,400,000 or
where actual contribution paid to the retirement fund exceeds TZS 2,400,000, the statutory
amount will be the maximum obligatory contribution required by the fund (which is 20% of
remunerations).
Definitions
‘Retirement contribution’ means a payment made to a retirement fund for the provision or
future provision of retirement payments.
Section 3
‘Retirement fund’ means any entity established and maintained solely for the purposes of
accepting and investing retirement contributions in order to provide retirement payments to
individuals who are beneficiaries of the entity.
Section 3
‘Statutory contribution’ is when the total contribution to an approved retirement fund
required by statute in relation to an employee is in excess of Tshs2,400,000 per year, the
amount of that obligation or in any other case, Tshs2, 400,000.
Income Tax Regulation 10
‘Approved retirement fund’ means a resident retirement fund having a ruling under Section
131.
Section 3
The employment income is generally computed on cash basis unless specifically required by tax laws.
The statement below can help us when computing taxable employment income.
Employment Income: 271
Self-Examination Questions
Question 1
Ms Glory was employed for the first time by Fruto International Ltd, a private resident company since 1 st
January 2018. As a company’s Marketing Manager, Ms Glory was given a range of responsibilities.
She has been resident of the United Republic of Tanzania solely in the years 2017 and 2018. Her duties
are well balanced by a good package of remuneration which is made up of the following;
(i) Basic salary of Tshs. 800,000 per month and medical service insurance of Tshs. 30,000 per
month and medical service insurance of Tshs. 30,000 per month as per the company’s policy to
its employees.
(ii) Mobility allowances for use when on duty trips within her duty stations of Tshs. 100,000 per
month coupled with life insurance of Tshs. 50,000 each month paid directly by the company to
the Insurance Company. It is estimated that Ms Glory is spending only 50% of the mobility
allowance for the performance of her official duties.
(iii) It is the policy of the company to pay all of its employees lunch allowances of Tshs. 2,000 each
per day for 22 days each month.
(iv) Traveling allowances for home-office-home trips of Tshs. 100,000 per month.
(v) The company pays school fees and uniforms for its employees as its contribution as per the
National Education Policy. Ms Glory received Tshs. 500,000 which the employer ensured that
the sum is spent according to agreed terms.
(vi) A fully furnished residential quarter where the value of furniture itself amount to Tshs. 2,000,000.
The company normally recognizes Tshs. 120,000 per month as expense for the provision of the
house while the market rent of a house of the same status is Tshs. 150,000 per month. The cost
of the house to the company was Tshs. 10 million.
(vii) During 2018, Ms Glory traveled to her home country, Uganda, for an annual leave where she
provided consultancy for one month for the following remuneration: Consultancy fees amounting
to Tshs. 40,000 per day for 20 days; Upkeep allowance of Tshs. 200,000 for the period of
consultancy and free accommodation with market value of Tshs. 150,000.
(viii) During her trip to Uganda, the company paid Tshs. 450,000 for her return air ticket, since the
location of the company is Dar es Salaam.
(ix) Ms. Glory acquired a car at a cost of Tshs. 6,000,000 which was fully used in the employment
duties.
(x) Ms. Glory also received interest from her Banker on fixed deposit account, Tshs. 200,000.
(xi) Retirement contributions are made to the Social Security Fund where the employer contributes
10% and the employee 10% of the gross monthly salary.
Required:
On the basis of the above information, compute Ms Glory’s taxable income for the year of income 2018
(assume today is 31st December 2018).
Question 2
Mr. Hamnazo is a resident employee of Tatua Company Ltd from 1 January 2019. The following
information relates to his affairs:
(i) His monthly receipts include basic salary, transport, lunch and medical allowances to the
Required:
On the basis of the above information, compute Ms Glory’s taxable income for the year of income 2018
(assume today is 31st December 2018).
272 Computation of Taxable Income
Question 2
Mr. Hamnazo is a resident employee of Tatua Company Ltd from 1 January 2019. The following
information relates to his affairs:
(i) His monthly receipts include basic salary, transport, lunch and medical allowances to the
tune of TAS 500,000, TAS 425,000, TAS 175,000 and TAS 50,000 respectively.
(ii) Transport allowance of TAS 425,000 for nine people totaled TAS 3,825,000; and has been
given to Mr Hamnazo including each child and his spouse because he lives more than 45
km from the place of employment.
(iii) Self driven car of above 3000 cc was given to him for private use. Expenditure on the car is
claimed against taxable income of Tatua Company Ltd.
(iv) Mr. Hamnazo was given an interest free loan of TAS 4,000,000 payable in two calendar years
on monthly instalments (assume statutory interest rate of 15% per year).
(v) Other per month benefits enjoyed by Mr. Hamnazo includes electricity and water amounting to
TAS 300,000 and TAS 240,000 respectively.
Required:
Establish the monthly taxable income for Mr. Hamnazo for the first month
of 2019.
Question 3
Mr. Jaffer had secured a five years employment contract with Kahama Mining Corporation Ltd. His
monthly salary was Tshs960,000 per month gross with effect from 1st January, 2016. Mr. Jaffer was
also provided with free residential house accommodation by the employer who did not claim
ownership allowance. After serving the employer for 2½ years his contract was terminated (by the
employer) on 30th June, 2018 because he was suspected of being involved in illegal gold
smuggling. He was paid a lump sum compensation of Tshs18,560,000 on termination of his
contract of employment. His contract provided for payment of compensation on termination of
employment.
Required:
Establish the taxable income of Mr. Jaffer for the year of income 2018.
Question 4
Peter is employed by The Consultancy Ltd as a fashion designer. The following information is available
for the tax year 2019.
(1) During the tax year 2019 Peter was paid a gross annual salary of Tshs. 12,000,000 by The
Consultancy Ltd.
(2) In addition to his salary, Peter received two bonus payments from The Consultancy Ltd during
the tax year 2019. The first bonus of Tshs. 444,300 was paid on 30 April, 2019 and was in
respect of the year ended 31 December, 2008. Peter became entitled to this first bonus on 10
April, 2019. The second bonus of Tshs 333,600 was paid on 31 March 2019 and was in respect
of the year ended 31 December, 2019. Peter became entitled to this second bonus on 25 March,
2019.
(3) Throughout the tax year 2019 The Consultancy Ltd provided Peter with a diesel powered motor
car which has a list price of Tshs 22,500,000/=. The motor car cost The Consultancy Ltd Tshs
21,200,000, and it has 1500cc and was first registered in Tanzania on 2 March, 2017. The
Consultancy also provided Peter with fuel for private journeys and does not claim capital
allowance for this vehicle.
(4) The Consultancy Ltd has provided Peter with living accommodation since 1 January, 2017. The
company had purchased the property in 2016 for Tshs 16,000,000, and it was valued at Tshs
18,000,000 on 1 January, 2018. Improvements costing Tshs 2,013,000 were made to the
property during June 2019. The annual value of the rental in that area is Tshs 3,600,000, and the
company claim Tshs 1,000,000 as capital and maintenance toward the house.
(5) Throughout the tax year 2019 The Consultancy Ltd provided Peter with two mobile telephones.
The telephones had each cost Tshs 250,000 when purchased by the company in January 2019
and 20% of telephone uses were private. It is the company’s policy to provide mobile telephones
to all employees.
(6) On 5 January 2019 The Consultancy Ltd paid medical insurance of Tshs 510,000 for the benefit
of Peter and all employees of the company were covered by the same programme.
(7) During February 2019 Peter spent five nights overseas on company business. The Consultancy
Ltd paid Peter a daily allowance/per diem of Tshs 100,000 to cover the cost of personal
property during June 2019. The annual value of the rental in that area is Tshs 3,600,000, and the
company claim Tshs 1,000,000 as capital and maintenance toward the house.
(5) Throughout the tax year 2019 The Consultancy Ltd provided Peter with two mobile telephones.
The telephones had each cost Tshs 250,000 when purchased by the company in January 2019
Employment Income: 273
and 20% of telephone uses were private. It is the company’s policy to provide mobile telephones
to all employees.
(6) On 5 January 2019 The Consultancy Ltd paid medical insurance of Tshs 510,000 for the benefit
of Peter and all employees of the company were covered by the same programme.
(7) During February 2019 Peter spent five nights overseas on company business. The Consultancy
Ltd paid Peter a daily allowance/per diem of Tshs 100,000 to cover the cost of personal
expenses such as telephone calls to his family.
(8) The company contributes 15% of basic salary to PPF on behalf of Peter and does not include in
taxable employment income.
(9) Peter received a loan of Tshs 1,000,000 during the year 2019 and is payable over three years.
The company charges 2% pa on gross loan while the current statutory rate was 17% pa.
Required:
Calculate the Employment income of Peter for the year 2019.
Question 5
Mr. Torres is a Marketing Manager of Food Processors Company Ltd in Tanga Municipal town since July
2019 .
(i) His monthly salary was Tshs.600,000 with effect from 1/7/2019.
(ii) He received a bonus of Tshs.650,000 in September 2019.
(iii) He received Tshs.250,000 entertainment allowance for the year. Of this amount, he spent
Tshs.170,000 entertaining potential customers.
(iv) He was provided with fully furnished residential quarters at a nominal rent of Tshs.20,000 per
month payable to the employer The cost of furniture to the employer was Tshs.350,000.The
market rental value is Tshs 100,000 p.m
(v) He was also provided with subsidized lunches on all working days at leading hotel in the
town. He personally paid Tshs.5,000 only for each executive lunch of Tshs.20,000/=. During
the year of income 2019, he took a total of 100 of such lunches. This benefit is available to
all employees.
(vi) The company provided him with a gardener in order to keep the extensive lawns of his house
in a first class condition and a night security guard. They were both paid directly by the
company Tshs. 50,000 each per month.
(vii) The company settled Mr. Torres’s domestic electricity and water bills of Tshs. 20,000 and
Tshs.10, 000 respectively per month directly. The bills were in the name of the company.
(viii) The company issued shares to all interested employees at an issue price of Tshs.600/= per
share its market sells at Tshs.750 per share. Mr. Torres purchased 1,000 shares.
(ix) Taking into account the number of official trips made by Mr. Torres, the employer insured his
life and paid an annual premium of Tshs.38,000
(x) Mr. Torres purchased a saloon car on 5/10/2019 at Tshs.4,500,000. The employer incurred
Tshs. 1,800,000 running expenses. Mr. Torres uses the car to the proportion of two-thirds
performance of duties and one-third private.
(xi) Mr. Torres makes retirement contributions to NSSF, 10% of the basic salary by the employer
and 10 % his contribution.
(xii) Since he is provided with a residential house by his employer, he offered his own house for
rent to NSA Ltd , a company registered in Tanzania, where he receives Tshs. 80,000 a
month from July 2019.
(xiii) The employer has employees’ non-interest loan scheme. Mr Torres borrowed Tshs. 4 million
to finance finishing of his house in August 2019 repayable in twenty monthly installments
from 30th September 2019
Required On the basis of the above information, compute Mr. Torres’s taxable income
assuming he worked for the end of the year of income 2019 and the Bank of Tanzania
discount rate at 1st January 2019 was 15 percent.
Question 6
Mrs. Kinabo is a resident employee of NAFAKA Ltd, a resident corporation since 1 st January 2012
working at a position of senior accountant. The information relating to her employment remuneration and
other benefits during the year of income 2014 is as follows:
(i) Gross annual salary TZS.11,826,617. During the year, she contributed 5 per cent of this
salary to an approved pension fund. The employer contributed 15 per cent of the gross
salary to the same fund.
to finance finishing of his house in August 2019 repayable in twenty monthly installments
from 30th September 2019
Required On the basis of the above information, compute Mr. Torres’s taxable income
assuming he worked for the end of the year of income 2019 and the Bank of Tanzania
274 Computation ofdiscount rate at 1st January 2019 was 15 percent.
Taxable Income
Question 6
Mrs. Kinabo is a resident employee of NAFAKA Ltd, a resident corporation since 1 st January 2012
working at a position of senior accountant. The information relating to her employment remuneration and
other benefits during the year of income 2014 is as follows:
(i) Gross annual salary TZS.11,826,617. During the year, she contributed 5 per cent of this
salary to an approved pension fund. The employer contributed 15 per cent of the gross
salary to the same fund.
(ii) During February, she was provided with a brand new car, whose engine capacity was
3000cc. The car was used for both, private and employment purposes and the private
use was estimated at 25 per cent of the total mileage. Annual claimable deduction in
relation to maintenance and operation of the car was TZS.5,675,800. The employer
claimed this deduction during the year 2014.
(iii) During April, she was provided with fully furnished four rooms house. These rooms were
self-contained. One room was solely used as a library established by the employer for
the purpose of updating her profession. Another room was used for official purpose
while at home. Rent payable for similar house to this in the nearby area is TZS.200,000
per month. She was required to contribute a nominal rent of TZS.20,000 per month to
the employer. Claimable annual deduction during the year in relation to the maintenance
of this house was TZS.3,600,000. The company’s entitlement to this claim for the year
2014 was, however, not allowed by the Commissioner.
(iv) Employees of NAFAKA Ltd are entitled to interest free loans of TZS.15,000,000 since
2012. Mrs. Kinabo secured the loan on 1st January 2014 and agreed to discharge the
liability in 60 monthly installments based on average methods with effect from February
2014. By the time this loan was advanced, her basic salary was fixed at TZS.500,000
per month and the annual statutory borrowing/lending rate announced by the Bank of
Tanzania was 12 per cent.
(v) The employer paid on her behalf, the remunerations for the warden and security services
offered to the house. In aggregate, this amounted to TZS.200,000 per month. Also on
31st December 2014 employer settled the utility bill of TZS.1,600,000 for the house. This
was an outstanding bill for the whole year 2014.
(vi) During July 2014, the company also paid TZS.1,000,000 for her scholarship’s fees. This
was paid to the Open University of Tanganyika where she enrolled for Mastes degree on
a part time basis.
(vii) She was receiving monthly alimony allowance from her ex-husband worth TZS.100,000
to support the children. The alimony allowance received by Mrs. Kinabo was not under
any judicial order nor written agreement, rather it was an informal agreement between
the two ex-spouses.
Required:
Determine the taxable income from employment for Mrs. Kinabo during the year 2014. Show all
your workings clearly.
Question 7
Mr. James Musa was appointed Liaison Officer of the University of Dar es Salaam on a salary of
TZS.10,800,000 per annum with effect from 1st July, 2016 and posted to Mkwawa University College of
Education. He was paid a transfer grant of TZS.1,250,000 on 1st July 2016
Determine the taxable income from employment for Mrs. Kinabo during the year 2014. Show all
your workings clearly.
Employment Income: 275
Question 7
Mr. James Musa was appointed Liaison Officer of the University of Dar es Salaam on a salary of
TZS.10,800,000 per annum with effect from 1st July, 2016 and posted to Mkwawa University College of
Education. He was paid a transfer grant of TZS.1,250,000 on 1st July 2016
The University of Dar es Salaam provided him with free accommodation, a car and a driver as detailed
below:
(i) The university record TZS.200,000 each month as expenses relating to provision of residential
house to Mr. Musa while the market rental charge stood at TZS.300,000 per month throughout
the year. The University incurred TZS.45,000,000 to construct each on these houses though
their current market value is TZS.30,000,000 each.
(ii) In addition to housing benefit, he was also provided with brand new TOYOTA RAV4 worth
TZS.50 million. The car had 3000cc and was used for both official and private trips though it
was estimated that during the year official trips was three quarters of the whole trips. The
University claims for both car maintenance expenditure and Musa’s driver salary where during
the year it paid TZS.1,080,000 as salary to the Musa’s driver.
The University contributed also TZS.2,550,000 per annum towards his children’s education at the
University of Dar es Salaam Engineering College.
While at University of Dar es Salaam, Mr. Musa took a life assurance policy with the University of Dar es
Salaam Insurance (T) Ltd. He paid a monthly premium of TZS.1,000,000 for a capital sum of
TZS.6,000,000.
Mr. Musa’s aged mother, wife and two children live at his residence at Maswa in Simiyu Region. He is
solely responsible for them. The guest house, a two bedroom self contained residential facility at his
residence, has been rented to Mr. & Mrs. Bagosha at TZS.250,000 per month for the year of
assessment.
Required:
Compute Mr. Musa’s chargeable total income, if any, for the year of assessment 2016. State any
basic tax principles underlying your computation.
Question 8
(a) Mr. Timoth is on a five years teaching contract at a salary of TZS.554,000 per month with effect from
1st January 2012. After serving for two years his contract was terminated, and a lump sum
compensation of TZS.9,930,000 was paid to him.
Required:
Determine the amount of compensation for tax purpose, and state the years in which they are
taxable.
(b) Ms YUNIS is employed by International School of Mwanza from 1st August 2008
Question 8
(a) Mr. Timoth is on a five years teaching contract at a salary of TZS.554,000 per month with effect from
276 Computation of Taxable Income
1 January 2012. After serving for two years his contract was terminated, and a lump sum
st
(b) Ms YUNIS is employed by International School of Mwanza from 1st August 2008
The following items, conditions and particulars relate to her employment during the year of
income 2015:
Required:
Calculate the total taxable income for Ms. YUNIS for the year of income 2015 and tax liability if her tax
bracket is 25%
Question 9
Required
Distinguish between ‘a contract of service’ and ‘a contract for service’ using the information
above.
c) Rabia & Assey Ltd employed Ms. Malaika Mukoba as the company human resource
officer with effect from 1st September 2010. By the time the company submitted a
statement of employment income for year 2010, the following information was revealed to
her as her annual emoluments:
The employer housed her for free. The annual market rental value of that area was
TZS.4,000,000 and the expenditure claimed by the company per annum for that premise was
TZS.1,500,000. The contribution made by the employee was TZS.500,000 as rent. Besides the
emoluments stated above, the employee had the following benefits:
A self-driven car for private use, which is 3000 cc, brand new. The company claims
expenditure of car maintenance.
Other benefits included electricity TZS.30,000 and water TZS.25,000 per month in her office.
Though her employment services were terminated on 31st December 2010, the company paid
her TZS.30,000,000 as termination benefits (compensation for lost employment). Other income
she received in 2010 was TZS.300,000 interest from MBY Bank, TZS.1,500,000 – lease amount
from MSK Company for the building she leased to the company since 2009.
Required
Calculate the total income for Ms. Malaika Mukoba for the year of income 2010.
Question 10
Mr. Li Ching Chinese expert was employed by the Nuwe Mining Corporation (NMC) a private resident
company on expatriate terms, to construct the Rungwe Coal Mine complex in Mbeya.
He came to the United Republic of Tanzania on 1st February 2013 and started to work with the company
on the following day.
(i) He was being paid duty allowance of Tshs Tshs.300,000 per month and a salary of Tshs.
600,000 per month.
(ii) For one month he was in China, he was working with the Government of China which had paid
him equivalent to Tshs. 500,000 per month.
(iii) The firm provided him a car (3000cc, of 2011) from the day he arrived in the United Republic.
This was wholly used for employment.
(iv) For the first two months of his stay in the United Republic, he was accommodated in a hotel.
The firm paid a total of Tshs. 1,500,000 for full board.
After then, he was provided with a fully furnished house. The firm had installed the furniture in
the house which belonged to the NPC l im it ed wh ic h c os t T shs.6,000,000. NMC was paying
a monthly rent of Tshs. 800,000 per month for the house to NPC and was deducting a token rent
of only Tshs. 50,000 per month from Mr. Li Ching’s salary. Half of the house was used as an
office, and the company was entitled to claim repair and maintenance expenditure.
(v) According to the contract of employment, he had a right of going on leave once annually.
However, due to his important role in the project, the firm decided to pay him on 30.5.2013, Tshs.
1,000,000 in consideration of him foregoing his 2013 annual leave.
After then, he was provided with a fully furnished house. The firm had installed the furniture in
the house which belonged to the NPC l im it ed wh ic h c os t T shs.6,000,000. NMC was paying
a monthly rent of Tshs. 800,000 per month for the house to NPC and was deducting a token rent
of of
278 Computation only Tshs.Income
Taxable 50,000 per month from Mr. Li Ching’s salary. Half of the house was used as an
office, and the company was entitled to claim repair and maintenance expenditure.
(v) According to the contract of employment, he had a right of going on leave once annually.
However, due to his important role in the project, the firm decided to pay him on 30.5.2013, Tshs.
1,000,000 in consideration of him foregoing his 2013 annual leave.
(vi) On several occasions he had, on behalf of the company, to tender some consultancy services to
the State Mining Corporation. As thus the employer company paid him a token sum of Tshs.
500,000 as appreciation for the services as he gave the firm a considerable amount of revenue,
in the form of consultancy fees from the State Mining Corporation.
(vii) Water bills for the year totaled Tshs. 80,000 and were fully met by the employer. The bills stood
in the name of the employer. Electricity bills (which stood in the name of the employee) totaling
Tshs. 50,000 were also met by the company.
(viii) A night watchman earning Tshs. 80,000 was employed by the company for the house. However,
he was only responsible for part of the house used for employment purpose. This watchman
was also provided with a house by the company.
(ix) When he came to the United Republic, he came with a number of equipment to be used in his
work. He had purchased them in China and the company reimbursed him a total of Tshs.
900,000 for such equipment.
(x) The company paid the following annual membership fees for him:
- Tshs. 60,000 as membership fee to the Lion Hotel swimming pool
- Tshs. 100,000 as membership fee to Mining Experts Club
- Tshs. 10,000 to Officers mess
- Tshs. 200,000 to the Safari Club
Though he was working in Mbeya, he used to come to DSM during the week-ends. The firm was
also paying for his trip to and from Mbeya in which Tshs. 2,300,000 was used for those trips.
(xi) On the basis of his contract, the company provided him with free lunch which was worth Tshs.
10,000 each and two crates of beer for each month. He had taken only 30 lunches for 2013. A
crate of beer was purchased at Tshs. 25,000.
(xii) On one of the trips to DSM he toured Chui Textile Mill, where he was given complimentary of 6
pieces of ‘kitenge’ dressing materials each worth Tshs. 5,000.
(xiii) At the end of each year he was paid a gratuity of Tshs. 1,500,000.
Required:
From the above information, compute Mr. Li Ching taxable income for 2013 year of income.
Answer to SEQ 1
Employment income:
Year of income: 2018
Residence: Resident Individual (for two years)
Basic salary (800,000 x 12) 9,600,000
Required:
Employment Income: 279
From the above information, compute Mr. Li Ching taxable income for 2013 year of income.
Answer to SEQ 1
Employment income:
Year of income: 2018
Residence: Resident Individual (for two years)
Basic salary (800,000 x 12) 9,600,000
11,925,200
Workings:
Workings:
(iv) Compare (ii) and (iii) above, take the greater, i.e. 1,819,620
(v) Compare (i) and (iv) above, then take the lesser, i.e.
3. An individual who has become resident for two years or less for the whole of the life
of this individual, her/his taxable income is only that with a source in the United
Republic of Tanzania (Section 6 (2).
Answer to SEQ 2
I Tshs
Salary t 500,000
Transport e 425,000
Lunch m 175,000
s
Medical 50,000
Transport for nine 425,000
people
Car benefit 83,333.3
Loan (PRT) for 50,000.0
January
Electricity 300,000
Water 240,000
Total monthly income 2,248,333
Note:
2.1 The transport allowance of Tshs425,000 amounted to commuting costs which are not wholly and
exclusively earned for generating employment income. The law exempt payment providing
passage of the individual, spouse of the individual and up to four of their children to or from a place
of employment which correspond to the actual travelling cost where the individual is domiciled
more than 20 miles from the place of employment and is recruited or engaged for employment
solely in the service of the employer at the place of employment.
2.2 The loan benefit has been calculated based on the original value i.e. TSH 4,000,000 because in
January no repayment is done until 31 January.
2.2 The loan benefit has been calculated based on the original value i.e. TSH 4,000,000 because in
January no repayment is done until 31 January.
Answer to SEQ 3
Since the contract term was 5 years and Mr Jaffer was employed for only 2 1/2 , the unexpired
contract period was 2 ½ , which equals to 30 months. So Tshs960,000 x30= Tshs28,800,000 could
had been earned from the contract if the contract was not terminated.
Since the amount received i.e. Tshs18,560,000 is lesser than that could have been received i.e.
Tshs28,800,000; the whole amount received should be apportioned evenly over the unexpired period
of 30 months.
Therefore, every month will be allocated Tshs618,667, and Tshs3,712,000 (Tshs618,667 x 6 months)
would be taxable for the year ending 31 December 2012,
Hence, the taxable income for the year is Tshs11,520,000 plus Tshs3,712, 000= Tshs15,232,000
Answer to SEQ 4
Computation: Employment Income
Notes
1. Since the loan given to Peter doesn’t satisfy the condition(s), then the LIB thereon is taxable and it is
computed as follows. LIB = (17% - 2%) x 1,000,000 = 150,000
2. If an employer provides residential housing to the employee, and the employer claims deduction in
relation to capital and maintenance of the house, then the House Benefit is taxable and is calculated
as: The lesser of:
(i) Annual market rental value of the house and
(ii) The greater of:
(a) 15% of employee’s total income for the year of income excluding House Benefit
(b) Expenditure claimed as deduction by the employer.
Reduced by the employee’s rental contribution. So, for the case of Peter Loan Benefit is the lesser of:
(i) 3,600,000; and
(ii) the greater of:
(a) 15% x 13,027,900 = 1,954,185
relation to capital and maintenance of the house, then the House Benefit is taxable and is calculated
as: The lesser of:
(i) Annual market rental value of the house and
(ii) The greater of:
(a) 15% of of
282 Computation employee’s total income for the year of income excluding House Benefit
Taxable Income
(b) Expenditure claimed as deduction by the employer.
Reduced by the employee’s rental contribution. So, for the case of Peter Loan Benefit is the lesser of:
(i) 3,600,000; and
(ii) the greater of:
(a) 15% x 13,027,900 = 1,954,185
(b) 1,000,000
Here the greater of 1,954,185 and 1,000,000 is 1,954,185; and the lesser of 3,600,000 and 1,954,185 is
1,954, 185. Hence the Housing Benefit is 1,954,185. Note that, we only consider the chargeable income
in computing total income for the purpose of calculating 15% of total income. This is the ruling of section
5(1) which specifies that total income is the sum of chargeable income. In this case if an amount such as
the transport allowance to father, mother and 4 children staying more than 20 miles from the employment
base is not chargeable income and hence excluded.
Answer to SEQ 5
Bonus 650,000
Answer to SEQ 6
Determination of employment income
Answer to SEQ 6
TZS
Determination of employment income
Salary 11,826,617
TZS
Employer’s contribution to pension fund (15% x 11,826,617 1,773,993
Salary 11,826,617
Other benefits
Employer’s contribution to pension fund (15% x 11,826,617 1,773,993
Car benefit (note 1) 250,000
Other benefits
Loan benefit (note 2) 1,575,000
Car benefit (note 1) 250,000
Warden and security remuneration 200,000 x 9 months x ½ (private 900,000
Loan benefit (note 2) 1,575,000
portion)
Warden and security remuneration 200,000 x 9 months x ½ (private 900,000
Utility 1,600,000 x 9/12 x ½ (reduced to period/portion she occupied the 600,000
portion)
house)
Utility 1,600,000 x 9/12 x ½ (reduced to period/portion she occupied the 600,000
Tuition fee (taxable as it is for part-time studies) 1,000,000
house)
Alimony (taxable if not under judicial order/written agreement (100,000x 1,200,000
Tuition fee (taxable as it is for part-time studies) 1,000,000
12)
Alimony (taxable if not under judicial order/written agreement (100,000x 1,200,000
19,125,610
12)
Less: Employee’s contribution to pension fund (5% x 11,826,617 (591,331)
Employer’s contribution (deductible) (1,773,993)
Total income from employment income without housing benefit 16,760,286
Add: Housing benefit (note 3) nil
Taxable income from employment 16,760,286
Notes:
Note 1: Car benefit
Total income from employment income without housing benefit 16,760,286
Add: Housing benefit (note 3) nil
Taxable income from employment 16,760,286
284 Computation of Taxable Income
Notes:
Note 1: Car benefit
Private element qualifies for car benefit provided that employer is entitled to claim maintenance
expenditure. It is taxable under the 5th schedule. Brand new car is a car as aged less than 5
years. Taxable benefits is kind for a car of this age and engine capacity 3000cc is 1,000,000.
Therefore, car benefit = 1,000,000 x 25 per cent = 250,000
Note 2: Loan benefit
Note 3
Housing benefit is excluded from taxable employment income if employer is not entitled to claim
deduction or relief in relation to ownership or maintenance of the house
Answer to SEQ 7
Computation of Mr. Mussa’s chargeable Income
PARTICULARS AMOUNT
(TZS)
===========
Contribution toward children’s education NIL
===========
Answer to SEQ 8
(a) Contract is to specified term and provides for compensation s.7(5) (a)
Amount which would have been received in the unexpired period = 19,944,000
(b) Determination of Total taxable income of Ms YUNIS for the year of income 2015
Answer to SEQ 9
(a)
Employment includes in particular:
A position of an individual in the employment of another person;
A position of an individual as manager of an entity other than as partner of a partnership;
A position of an individual entitling the individual to a periodic remuneration in respect of
services performed; or
A public office held by an individual, and includes past, present and prospective
employment.
Any explanation on contract of service.
(b)
Therefore Mr. Kizu is an employee of MTANASHATI Ltd. i.e. contract of service exist.
House benefit:
=======
Answer to SEQ 10
Mr. Li Ching
Gratuity 1,500,000
17,898,750
========
NOTE 1:
Computation of Taxable
Income
To calculate total income of a person, one needs to calculate the sum of chargeable income from
conduct of employment, business and investment. In this Study Guide you are introduced to computation
of chargeable income from business of an individual.
[Learning
[Learning OutcomeOutcome a, and b]
a, and b]
1. 1. Meaning
Meaning Of Business
Of Business
Normally,
Normally, businessbusiness is demonstrated
is demonstrated by presenceby presence of contract
of contract for as
for service service as discussed
discussed before. Shortly,
before. Shortly,
that contract for service (sole trading or businesses) occurs when a contractor hires hishires
that contract for service (sole trading or businesses) occurs when a contractor ownhis own
employees,
employees, providesprovides and maintains
and maintains his own his own
tools or tools or equipment;
equipment; the contractor
the contractor paid by paid by reference
reference to to
the volume of work done; have invested in the enterprise and bore
the volume of work done; have invested in the enterprise and bore the financial risk; have the the financial risk; have the
opportunities
opportunities of profitoforprofit or the
the risk risk ofand
of loss; loss;
theand the relationship
relationship is not permanent
is not permanent (Ready (Ready
Mixed Mixed
ConcreteConcrete (South
(South East) LtdEast) Ltd v Minister
v Minister of Pensions of Pensions and National
and National Insurance Insurance
[1968] 2[1968] 2 QB 497).
QB 497).
Likewise, in McManus v Griffiths (1997) 70 TC 218 case the judge suggested in decidingdeciding
Likewise, in McManus v Griffiths (1997) 70 TC 218 case the judge suggested in whether whether
a a
person was employed (contract of service or self-employed (contract for service)
person was employed (contract of service or self-employed (contract for service) we should consider we should consider
the substance
the substance of the of the contractual
contractual arrangements
arrangements rathertheir
rather than thanformtheirorform
the or the parties'
parties' labels labels
(incorporated
(incorporated companies).
companies).
Definitions
Definitions
(i) (i)
Business Business
‘Business’ includesincludes
‘Business’ a trade,aconcern
trade, concern in theofnature
in the nature trade, manufacture,
trade,ofmanufacture, profession,
profession, vocation vocation
or or
isolated arrangement with a business character; and a past, present or
isolated arrangement with a business character; and a past, present or prospective business, but prospective business, but
excludesexcludes
employmentemployment
and any and anythat,
activity activity that,regard
having havingtoregard to itsand
its nature nature
the and the principal
principal occupation
occupation of of
its owners or underlying owners, is not carried on with a view
its owners or underlying owners, is not carried on with a view to deriving profits.to deriving profits.
(ii) (ii)
ManufactureManufacture
The Act ThedoesActnotdoes notthe
define define
termthe term manufacturing.
manufacturing. Therefore,Therefore, we can
we can only only
base onbase
case on case
laws. laws.
One One of the
of the
best case laws which attempted defining this term is the case between Teejan Beverages Ltd vs State OfState Of
best case laws which attempted defining this term is the case between Teejan Beverages Ltd vs
Kerala andKerala
Orsand Ors No.
S.R.O. S.R.O.
1729 No.
of 1729
1993.ofTeejan
1993. Beverages
Teejan Beverages Ltd vs
Ltd vs State OfState Ofand
Kerala Kerala
Orsand Ors No.
S.R.O. S.R.O. No.
1729
1729 of 1993. of 1993.
In this
In this case, thecase, the appellant
appellant waswith
was issued issued with Government
Government letter exempting
letter exempting her fromher fromsales
paying paying
taxsales tax on the
on the
ground
ground that shethat
wasshe was involved
involved in manufacturing
in manufacturing or purification
or purification of bottledof water
bottledbecause
water because manufacturing
manufacturing of of
any goods was exempted from
any goods was exempted from the taxes. the taxes.
However, However,
the letterthe letter
was laterwas later revoked
revoked by the government
by the government on the
on the basis basis
that that purification
purification of waterofdoes
water
notdoes not
satisfy the meaning of manufacturing given in the sale taxes. Hence, the
satisfy the meaning of manufacturing given in the sale taxes. Hence, the person appealed. person appealed.
The
The court court definition
definition of manufacturing
of manufacturing does notdoes not packing
include include packing ofpolishing,
of goods, goods, polishing, and cleaning,
and cleaning, grading,grading,
drying, blending or mixing different varieties of the same goods by mixing with chemicals or gas, or gas,
drying, blending or mixing different varieties of the same goods by mixing with chemicals
fumigation
fumigation or any or anyprocess
other other process
applied applied for preserving
for preserving the in
the goods goods
goodincondition
good condition or for easy
or for easy
transportation”.
transportation”.
Hence, manufacturing
Hence, manufacturing occurs
occurs only whenonly when
raw raw materials
materials are usedare used (converted)
(converted) in producing
in producing another another
product product
which is which is commercially
commercially distinct
distinct from thefrom the raw materials.
raw materials.
Manufacturing’
Manufacturing’ refers torefers to production
production of goodsofcommercially
goods commercially
differentdifferent
from thefrom
raw the raw material
material used. Teejan
used. Teejan
Beverages Ltd vs State Of Kerala and Ors S.R.O [1993]
Beverages Ltd vs State Of Kerala and Ors S.R.O [1993] TC.1729 TC.1729
(iii) (iii)
Trade Trade
Similarly, no definition of trade is given in the Act. However, cases laws have provided indicators “
badges of trade” which can be used to tell whether a trade is being contacted.
a) Methods of acquisition; assets acquired through inheritance or gifts might indicate no trade
motive than those acquired through purchases (Taylor v Good [1974] 49TC277).
b) Second, length of the period of ownership; purchasing and selling an asset in hast might indicate
trading while holding the assets for long period may indicate investment (Marson v Morton and
Others [1986] 59TC381).
c) Third, frequency or number of similar transactions by the same person; too many similar
transactions might imply trade (CIR v Livingston and Others [1926] 11TC538).
d) Fourth, doing supplementary work on or in connection with the asset realised to increase
Similarly, no definition of trade is given in the Act. However, cases laws have provided indicators “
badges of trade” which can be used to tell whether a trade is being contacted.
Definition
Cambridge dictionary
However, in many cases presences of these badges of trade do not indicate presence or absence of
trade.
Therefore, all facts surrounding the transaction should be considered. For instance, the definition of
business above includes even “isolated arrangement with a business character” which might means
trading.
For instance, in a case of CIR v Fraser [1942] 24TC498; Fraser bought a large consignment of whisky
and sold it at profit, using the above indicators the transaction could be none trade transaction. However,
the court decided that “The purchaser of a large quantity of a commodity like whisky, greatly in excess of
what could be used by himself, his family and friends, a commodity which yields no pride of possession,
which cannot be turned to account except by a process of realisation, I can scarcely consider to be other
than an adventurer in a transaction in the nature of a trade. Most important of all, the actual dealings of
the respondent with the whisky were exactly of the kind that take place in ordinary trade.”
(iv) Profession
‘Profession’ any type of work that needs special training or a particular skill, often one that is
respected because it involves a high level of education. Cambridge dictionary
(v) Vocation
‘Vocation’ is a type of work that you feel you are suited to doing and to which you should give all
your time and energy, or the feeling that a type of work suits you in this way and indicates a
calling.
Vocations include religion or high-minded service to others, a bookmaker and a jockey, authors,
dramatists and professional singers. Graham v Green [1925] 9TC309
a) service fees;
b) incomings for trading stock;
c) gains from the realisation of business assets or liabilities of the business
d) Gains from realisation of the person's depreciable assets of the business;
your time and energy, or the feeling that a type of work suits you in this way and indicates a
calling.
Vocations include religion or high-minded service to others, a bookmaker and a jockey, authors,
dramatists and professional singers. Graham v Green [1925] 9TC309
294 Computation of Taxable Income
a) service fees;
b) incomings for trading stock;
c) gains from the realisation of business assets or liabilities of the business
d) Gains from realisation of the person's depreciable assets of the business;
e) amounts derived as consideration for accepting a restriction on the capacity to conduct the
business;
f) gifts and other ex gratia 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; and
h) Other amounts including reverse of amounts as bad debts, bad debts writing off, discount
allowed, fluctuations in foreign exchanges and seizures of untaken deposits and advances
(Section 8(2)).
Identify items of income excluded in calculating chargeable income from business; calculate
chargeable income from business; explain presumptive income taxation and its application
in Tanzania [Learning outcome c, d and e]
According to Section 8(3) of the Income Tax Act 2004, exempt business income, final withholding
payments and non-business income should be excluded in computing business income. Both exempt
income and final withholding income items were covered in the employment income Section. So in
this Section they are not discussed. Please take time to peruse them. In addition receipt from
realisation of capital assets should be excluded as well because they are used in computing gain
from realisation of assets.
However, all business persons prepare their accounting records using General Accepted Accounting
Practices (GAAPs). So for tax purposes, we do not establish new financial statements. But we adjust
profit or losses shown by the accounting statements by adding items which are not taken into accounting
by GAAPs and deducting items which are not allowed by tax laws but included by the GAAPs. The
statement below can help us when computing taxable employment income.
Items TZS
Items TZS
Presumptive methods of taxation are thought to be effective in reducing tax avoidance as well as
equalizing the distribution of the tax burden.
The term "presumptive" is used to indicate that there is a legal presumption that the taxpayer's
income is no less than the amount resulting from application of the indirect method. As discussed
below, this presumption may or may not be rebuttable.
The concept covers a wide variety of alternative means of determining the tax base, ranging from
methods of reconstructing income based on administrative practice, which can be rebutted by the
taxpayer, to true minimum taxes with tax bases specified in legislation. Taube and Tadesse (1996).
2. The annual turnover of the business does not exceed the threshold of Tshs20 million.
3. The individual's income for a year of income consists exclusively of income from a business having a
source in the United Republic. If income is derived from other sources such as employment and/or
investment the presumptive scheme cannot be used.
4. The individual does not elect to disapply this provision for the year of income.
Under this system, tax payable is established depending on the level of record keeping of the taxpayer.
Failure to keep complete records necessitates establishment of tax payable by estimation settled
3. The3. individual's
The individual's
incomeincome
for a year
for aofyear
income
of income
consists
consists
exclusively
exclusively
of income
of income
from a from
business
a business
havinghaving
a a
sourcesource
in the United
in the United
Republic.
Republic.
If income
If income
is derived
is derived
from other
fromsources
other sources
such assuch
employment
as employment
and/or and/or
investment
investment
the presumptive
the presumptive
scheme scheme
cannotcannot
be used.be used.
296 Computation
4. The of Taxable
4. individual
The Income
individual
does not
does
elect
nottoelect
disapply
to disapply
this provision
this provision
for the for
year
theofyear
income.
of income.
2.3 Rates
2.3 of
Rates
tax under
of tax presumptive
under presumptive
taxation
taxation
Under Under
this system, tax payable
this system, is established
tax payable depending
is established on the on
depending level
theoflevel
record keeping
of record of the taxpayer.
keeping of the taxpayer.
FailureFailure
to keeptocomplete recordsrecords
keep complete necessitates establishment
necessitates of tax payable
establishment by estimation
of tax payable settledsettled
by estimation
between the TRA
between theofficers and taxpayers.
TRA officers The turnover
and taxpayers. bands bands
The turnover and their
andtax rates
their taxare as are
rates stipulated below:below:
as stipulated
AnnualAnnual
turnover
turnover Tax payable
Tax payable
when when Tax payable
Tax payable
when when
records
records
are incomplete
are incomplete records
records
are complete
are complete
WhereWhere
turnovers
turnovers
does not
does not NIL NIL NIL NIL
exceedexceed
Tshs. 4,000,000
Tshs. 4,000,000
WhereWhere
turnover
turnover
exceeds
exceeds Tshs. Tshs.
150,000
150,000 3% of the
3% turnover
of the turnover
in in
Tshs.4,000,000
Tshs.4,000,000
but does
but does excessexcess
of Tshs.of 4,000,000
Tshs. 4,000,000
not exceed
not exceed
Tshs.7,500,000
Tshs.7,500,000
WhereWhere
turnover
turnover
exceeds
exceeds Tshs. Tshs.
318,000
318,000 Tshs. 135,000+3.8%
Tshs. 135,000+3.8%
of of
TSHS.TSHS.
7,500,000
7,500,000
but does
but does the turnover
the turnover
in excess
in excess
of of
not exceeds
not exceeds
Tshs. Tshs. Tshs. 7,500,000
Tshs. 7,500,000
11,500,000
11,500,000
Self-Examination Questions
Question 1
Mr. Mwamba Kimweri is a Tanzanian self-employed, managing a health shop. His profit or loss account
for the year ended 31st March 2019 is as follows:
TZS TZS
‘000’ ‘000’
Sales (note 2) 338,050
Opening stocks 20,000
Purchases 110,500
130,500
Closing stock (note 3) (27,500) (103,000)
Self-Examination Questions
Question 1
Mr. Mwamba Kimweri is a Tanzanian self-employed, managing a health shop. His profit or loss account
for the year ended 31st March 2019 is as follows:
TZS TZS
‘000’ ‘000’
Sales (note 2) 338,050
Opening stocks 20,000
Purchases 110,500
130,500
Closing stock (note 3) (27,500) (103,000)
Note 2
Mr. Kimweri took product from the store at a sale price of TZS.1,000,000. This drawing was recorded in
sales figure at the cost price of TZS.700,000.
Note 3
Closing stock included a contingency reserve of TZS.9,000,000 for loss of stock by fire.
Note 3
Closing stock included a contingency reserve of TZS.9,000,000 for loss of stock by fire.
298 Computation of Taxable Income
Note 4 – Wages and Salaries
Required:
Calculate Mr. Kimweri’s adjusted profit, after capital allowances, for the year ended 31 st March 2019.
Question 2
Uwimana is a business lady in Dar es Salaam city. During the year ended 31/12/2017, her accountant
submitted the following information for income tax purpose:
Mr. Kimweri had a tax loss brought forward of TZS.4,000,000 as at the previous financial year. He has 4
children under the age of 15 and savings account balance of TZS.7,800,000.
Question 2
Uwimana is a business lady in Dar es Salaam city. During the year ended 31/12/2017, her accountant
submitted the following information for income tax purpose:
TZS.“000” TZS.“000”
Revenues 250,000
Cost of sales
(120,000)
Gross profit 130,000
Less: expenses
Salaries 35,000
Rent 10,000
Bad debt 2,000
Electricity 18,000
Advertising 6,000
Insurance 5,000
VAT 20,000
Telephone 6,000 (102,000)
Profit before Tax 28,000
=======
Additional information:
(i) Rent was paid on 1/1/2017
(ii) Of the bad debt expense, TZS.1,000,000 relates to a debtor who was declared bankrupt
(iii) Salaries of TZS.5,000,000 remained outstanding
(iv) A quarter of the insurance expenses has expired
(v) Telephone expenses relate to the airtime loaded on Uwimana’s mobile which she uses
for both private and business purposes.
Required:
Answer to SEQ 1
Required:
Answer to SEQ 1
Answer to SEQ 2
Answer to SEQ 2
Computation of Taxable
Income
Investment income comes from holding an asset for a certain period in anticipation of getting
periodic income /and or getting capital gain from its realisations. It is very closely related to
business activities, but it differs in two aspects: it is just a minor undertaking of a person and there is
no close link to business activities. This Study Guide is specifically aimed at elucidating items which
are included in computation of investment income and those items which are excluded when
computing investment income. In doing so, it covers sections in the Income Tax Act to enable you to
establish correct taxable investment income. Sections from Income Tax Act Cap 332 are being
referred to throughout this Study Guide. Knowledge of determining investment income is essential in
understanding how investors are taxed.
ExplainExplain
the meaning of Investment;
the meaning differentiate
of Investment; between
differentiate Investment
between incomeincome
Investment and and
Business IncomeIncome
Business and describe inclusions
and describe /component
inclusions of investment
/component incomeincome
of investment
[Learning outcome
[Learning a, b, and
outcome a, c]
b, and c]
1. Meaning Of Investment
1. Meaning And ItsAnd
Of Investment Differences From Business
Its Differences From Business
1.1 Investment
1.1 Investment
Section Section
3 of the 3Act
of provides definitions
the Act provides of the term
definitions investment
of the as the owning
term investment as the of one or
owning of more
one or more
assets ofassets
a similar nature or that are used in an integrated fashion, on similar terms and subject
of a similar nature or that are used in an integrated fashion, on similar terms and subject
to similartoconditions, includingincluding
similar conditions, as to location
as to location
The second
The test
secondis whether the assets
test is whether theare usedare
assets in used
an integrated fashion, fashion,
in an integrated on similar
on terms,
similarand
terms, and
subject subject
to similar conditions, including as to location. For example: A house that
to similar conditions, including as to location. For example: A house that is heldis held
passivelypassively
and rented
andout with out
rented associated furniturefurniture
with associated will constitute a single ainvestment
will constitute single investment
1.2 Investment
1.2 vs business
Investment vs business
It is important to differentiate
It is important when someone
to differentiate when someoneis doingisbusiness or investment
doing business becausebecause
or investment of of
difference in tax rates.
difference in tax Unlike
rates. aUnlike
business person person
a business who expects benefiting
who expects from regular
benefiting from orregular or
many frequent transactions,
many frequent someone
transactions, making making
someone an investment normallynormally
an investment takes a takes
long term
a longview
term view
of his/herofactivities. For example,
his/her activities. shareholders
For example, of a corporate
shareholders might hold
of a corporate mightshares
holdfor expectation
shares for expectation
of getting periodic periodic
of getting dividends and long
dividends andtermlongcapital
term gains
capital after
gainsdisposing of the shares.
after disposing of the shares.
However, share brokers in most cases buy shares in order to profit from
However, share brokers in most cases buy shares in order to profit from short term short term rises or rises or
falls in share
falls inprices.
share So if theSoshare
prices. if thebrokers get dividends
share brokers or capital
get dividends or gain from
capital gainrealisation of
from realisation of
shares, these
shares, incomes are moreare
these incomes likely to likely
more be business incomesincomes
to be business than investment income. income.
than investment
Furthermore, another another
Furthermore, important distinction
important betweenbetween
distinction businessbusiness
and investment activitiesactivities
and investment is that is that
businessbusiness
activitiesactivities
are normally the major
are normally the occupations of a person
major occupations while investment
of a person while investment
activitiesactivities
are subsidiary ones. Take
are subsidiary ones. an example
Take of interest
an example income; income;
of interest the interest income income
the interest
receivedreceived
by an individual from a saving or fixed deposit account might be investment
by an individual from a saving or fixed deposit account might be investment income, income,
while, the interest income received by financial institutions or money lenders is definitely
business income. Likewise, rent income received by property management company is
business income, the same income received by a trading company owning a few properties may
be investment income.
Finally, it is important to look at the substance of the income, not the form of it. For
instance, interest received from the business accounts is business income not investment
income. Also income from short term investments using business funds are business income
not investment income as income from letting extra business space.
(a) Dividend,
(b) Distribution of a trust,
(c) Gains of an insured from life insurance,
(d) Gains from an interest in an unapproved retirement fund,
(e) Interest,
(f) Natural resource payment,
(g) Rent
(h) Royalty;
(i) Net gains from the realisation of investment assets of the investment
(j) Amounts derived as consideration for accepting a restriction on the capacity to conduct
the investment.
Definitions
‘Royalty’ means any payment made by the lessee under a lease of an intangible asset and includes
payments for:
(a) the use of, or the right to use, a copyright, patent, design, model, plan, secret formula or
process or trademark;
(b) the supply of know-how including information concerning industrial, commercial or scientific
equipment or
experience;
(c) the use of, or right to use, a cinematography film, videotape, sound recording or any other like
medium;
(d) the use of, or right to use, industrial, commercial or scientific equipment;
(e) the supply of assistance ancillary to a matter referred to in paragraphs (a) to (d); or
(f) a total or partial forbearance with respect to a matter referred to in paragraphs (a) to (e), but
excludes a natural resource payment. Section 3
‘Natural resource’ means minerals, petroleum, water or any other non-living or living resource that
may be taken from land or the sea. Section 3
‘Natural resource payment’ means any payment, including a premium or like amount, for the right to
take natural resources from land or the sea or calculated in whole or part by reference to the quantity
or value of natural resources taken from land or the sea. Section 3
’Interest’ means a payment for the use of money and includes a payment made or accrued under
a debt obligation that is not a repayment of capital, any gain realised by way of a discount, premium,
swap payment or similar payment.
‘Gains of an insured from life insurance .Section 60(3) provides the meaning of the term “gains of an
insured from life insurance” as the extent to which proceeds from life insurance paid by an insurer exceed
premiums paid to the insurers with respect to the insurance
(a) Total of all gains from the realisation of investment assets during the year
(b) Less
(i) Total of all losses from the realisation of investment assets of the
investment during the year;
(ii) Any unrelieved net loss of any other investment of the person for the
year.
(iii) Any unrelieved net loss of an investment for a previous year of income (Section 36(3)).
Definitions
The net gain from realisation of investment assets is calculated as follows:
(a) Total of all gains from the realisation of investment assets during the year
(b) Less
306 Computation
(i)
of Taxable Income
Total of all losses from the realisation of investment assets of the
investment during the year;
(ii) Any unrelieved net loss of any other investment of the person for the
year.
(iii) Any unrelieved net loss of an investment for a previous year of income (Section 36(3)).
Definitions
‘Investment asset’ means shares and securities in a corporation, a beneficial interest in a non-
resident trust and an interest in land and buildings but does not include:
‘Unrelieved net loss’ of an investment for a year of income is the excess of losses over gains
from the realisation of investment assets of the investment during the year of income.
Describe
Describe
exclusions
exclusions
/income/income
not Included
not Included
in Investment
in Investment
income;income;
explainexplain
allowable
allowable
and non-allowable
and non-allowable
deductions
deductions
of investment
of investment
income,income,
and establish
and establish
chargeable
chargeable
Investment
Investment
Income.Income. [Learning
[Learning
outcomeoutcome
d, e, and
d, f]
e, and f]
4. Allowable
4. Allowable
And Non
And
Allowable
Non Allowable
Deductions
Deductions
Of Investment
Of Investment
IncomeIncome
4.1 4.1
Allowable
Allowable
deductionsdeductions
As it was
As for
it was
business
for business
income, income,
taxable taxable
investment investment
income income
is established
is established
after deducting
after deducting
allowable
allowable
deductions.
deductions.
Almost all
Almost
the criteria
all the for
criteria
allowing
for allowing
or not allowing
or not allowing
expenses expenses
we saw wein saw in
businessbusiness
income apply
income here
apply
as here
well. as
In short,
well. Inonly
short,
expenses
only expenses ‘wholly and
incurredincurred ‘wholly
exclusively’
and exclusively’
in in
the production
the production
of business
of business
income income
are allowable
are allowable
expenses expenses
(Section(Section
11(3)). Therefore,
11(3)). Therefore,
only only
expenditure
expenditure
incurredincurred
for sole for
purposes
sole purposes
of producing
of producing
investmentinvestment
income income
are allowable
are allowable
expensesexpenses
and expenditure
and expenditure
incurredincurred
not wholly
notandwholly
exclusively
and exclusively
for business
for business
purposes purposes
is not allowable.
is not allowable.
4.2 4.2
Non-allowable
Non-allowable
deductions
deductions
Likewise,
Likewise,
deduction
deduction
of capital,
of capital,
consumption
consumption
and excluded
and excluded
expenditures
expenditures
are notareallowed
not allowed
(Section(Section
11). Also,
11).unlike
Also, business
unlike business
persons persons
who arewho allowed
are allowed
to deductto depreciation
deduct depreciation
annual annual
allowance
allowance
under theunder
thirdtheschedule
third schedule
of Income
of Income
Tax ActTax CapAct332,
Capinvestors
332, investors
cannot cannot
claim claim
depreciation
depreciation
chargescharges
on their on
investment
their investment
assets. Therefore,
assets. Therefore,
depreciation
depreciation
chargescharges
of investment
of investment
assets calculated
assets calculated
under taxpayers’
under taxpayers’
accounting
accounting
policies policies
are not allowed
are not allowed
too. too.
5. Chargeable
5. Chargeable
InvestmentInvestment
IncomeIncome
By now Bywe now
havewe learnt
havethat
learnt
not that
all income
not all income
from investment
from investment
are taxable,
are taxable,
some are some
finalare
withholding
final withholding
payments,
payments,
some are some
exempt
are exempt
income income
and some andare
some
simply
arenot
simply
related
not to
related
investment.
to investment.
Also weAlsosaw we saw
how to how
identify
to identify
allowable allowable
deductions deductions
and non-deductible
and non-deductible
expenses expenses
when computing
when computing
investmentinvestment
income. income.
This section
This section
deals withdealshowwithto how
establish
to establish
chargeable
chargeable
income income
from investment
from investment
activities.
activities.
The The
investment
investment
income income
of a sole of trader
a solecan
trader
be computed
can be computed
on cashon or cash
accrual
or accrual
basis unless
basis specifically
unless specifically
requiredrequired
by tax laws,
by taxwhile
laws,corporations
while corporations
computecompute
their investment
their investment
income on income
accrual
on basis.
accrual basis.
5. Chargeable Investment Income
By now we have learnt that not all income from investment are taxable, some are final withholding
payments, some are exempt income and some are simply not related Individual
to investment. Also we
Investment saw 307
Income:
how to identify allowable deductions and non-deductible expenses when computing investment
income.
This section deals with how to establish chargeable income from investment activities. The
investment income of a sole trader can be computed on cash or accrual basis unless specifically
required by tax laws, while corporations compute their investment income on accrual basis.
‘Chargeable investment income’ of resident person, includes all his or her income for the year of
income irrespective of the source of the income, while chargeable income of non-resident persons
income only to the extent that the income has a source in the United Republic.
Self-Examination Questions
Question 1
Mr. Mkongo is a resident individual with the following sources of income during the year of ncome ended
December 31, 2017:
1. Sold shares of Atmos Supplies Ltd, a resident company listed in the Dar es Stock
Exchange, whereby he owns 17% of controlling shares. These shares were bought at
TZS.5,200,000 and sold for TZS.10,400,000.
2. Received TZS.28,000,000 from Mashaka Assurance Ltd a resident company, as
proceeds from his life insurance that has matured in 2017 after 10 years of contributions.
Mkongo has been contributing of TZS.100,000 monthly.
3. Received bank interest of TZS.5,000,000 in relation to a fixed deposit with Mwananchi
Bank Ltd.
4. Mkongo is a member of ZSSF, a Zambian retirement fund, where he has been making
monthly retirement contributions of equivalent to TZS.120,000 for 5 years until last year
when he retired. This year he received a lumpsum retirement payment of equivalent to
TZS.30,000,000.
5. Received TZS.200,000,000 for sale of a land situated at Kariakoo, Dar es Salaam. This
land was acquired in 1986 for TZS.8,000,000. Legal fees for the sale amounted to
TZS.12,000,000.
6. Received dividend of TZS.400,000 from Musiba Ltd. This was a resident corporation
where he own 29% of the shares.
7. He was paid TZS.280,000 by Fjardings Trust, a Swedish registered trust as a
compensation for cancellation of his membership due to old age. Mkongo has made
cumulative contributions of TZS.200,000,000 for the whole period of membership.
8. Sold a residential house of which he had been occupying occasionally for more than
three years for TZS.700,000,000. The house was bought for TZS.400,000,000.
9. Dividends amounting to TZS.12,400,000 were received from Gatan Ltd, a non-resident
corporation, which is listed in DSE. 24% of Gatan Ltd shares are owned by Kamaka Ltd,
g a resident company.
Required:
Determine investment chargeable income of Mr. Mkongo for the year of income 2017 use all 1 to 9 notes
y mentioned above; (where the amount is not taxable write nil).
w
308 Computation of Taxable Income
D4
SECTION D
Computation of Taxable
Income
While complying with the Income Tax Act, Cap 332 following the due dates is very important as any delay
in filing returns and paying tax can lead to heavy penalties. This Study Guide discusses in detail the
methods of tax payments, contents and due dates for submission of provision and final returns, types of
assessments as well as documents required to be maintained by the taxpayers consequences of not
complying with the Income Tax Act, Cap 332.
As a tax consultant, you will need this information to advise clients on how to minimize penalties. A
thorough understanding of this topic is important for your examination, as well as in your professional life.
Classification
There two of withholding
types of withholding payments
payments
(i) There
Final two types of withholding
Withholding payments payments
(ii) Non-final withholding payments.
(i) Final Withholding payments
(ii) Non-final withholding payments.
Non final withholding tax is taxed at the source and in the hands of the tax payer. It does not relieve
a personNon
fromfinal
further tax. Therefore,
withholding tax is the income
taxed at theissource
also included in the
and in the computation
hands of the taxofpayer.
taxable income
It does not relieve
and tax liability but the tax paid is deducted in the computation of tax payable.
Final withholding payments are those which are taxed only at the source and their tax liability
under income tax is satisfied. This kind of withholding tax is treated as discharging the recipient's tax
liability, and no tax return or additional tax is required on taxed income. The classification of final
or non-final withholding payments depend on whether the parties involved are resident or non-
resident, persons or natural person i.e. individual doing business or investment, foreign or domestic.
(c) Rent paid to a resident individual under a lease of land or a building and associated fittings
and fixtures, other than rent received by an individual in conducting a business; or foreign source
rent paid to a non- resident individual;
(e) Management or technical service fees paid by a resident person to another resident or service
fee or an insurance premium with a source in Tanzania paid by resident person to a non-resident
person rather than through domestic permanent establishment in conducting mining business.
(g) Capital gains from realisation of interest in land or building (or both) when received:
84(1)). The statements should show: payments made by the agent during the period that are subject to
withholding, the name and address of the withholdee, income tax withheld from each payment; and
any other information that the Commissioner may prescribe (Section 84(2)).
Furthermore, a withholding agent is required to prepare and serve separately for each period a
withholding certificate to the withholdee. The certificate shall cover a calendar month and is served
within 30 days after the end of the month. The statement should include, the name and address of the
withholdee; income tax withheld from each payment; and any other information that the Commissioner
may prescribe.
In the case of employment income, a withholding certificate covers the part of the calendar year
during which the employee is employed; and served by 30th January after the end of the year
(assuming calendar year) or, where the employee has ceased employment with the withholding agent
during the year, no more than 30 days from the date on which the employment ceased.
Example
Robots and Assembler Design Makers Ltd withheld taxes on employees’ salaries, amounting to
Tshs10,000,000 on 3 January 2018, and on dividends amounting to Tshs8,000,000 which were paid to
shareholders on 28 February 2018.
Required:
may prescribe.
may prescribe.
In the case
In theof case
employment
of employment
income, income,
a withholding
a withholding
certificate
certificate
covers the
covers
partthe
of the
part calendar
of the calendar
year year
during which
during the
which
employee
the employee
is employed;
is employed;
and served
and byserved
30th byJanuary
30th January
after theafter
endtheof the
end year
of the year
(assuming
312 Computation(assuming
ofcalendar
Taxablecalendar
year) or,year)
Income where or,the
where
employee
the employee
has ceasedhas employment
ceased employment
with the with
withholding
the withholding
agent agent
during the
during
year,the
noyear,
morenothan
more 30 than
days 30from
days
thefrom
datethe
on date
whichon the
which
employment
the employment
ceased. ceased.
Example
Example
Robots Robots
and Assembler Design Design
and Assembler Makers Makers
Ltd withheld taxes ontaxes
Ltd withheld employees’ salaries,salaries,
on employees’ amounting to
amounting to
Tshs10,000,000 on 3 January
Tshs10,000,000 2018, and
on 3 January on dividends
2018, amounting
and on dividends to Tshs8,000,000
amounting which were
to Tshs8,000,000 paid
which to paid to
were
shareholders on 28 February
shareholders 2018. 2018.
on 28 February
Required:
Required:
State theState
due the
dates
dueof dates
filing the withholding
of filing tax statements
the withholding if the company
tax statements uses calendar
if the company year as its
uses calendar year as its
accounting year. year.
accounting
Answer Answer
WITHHOLDING/INVESTMENT
WITHHOLDING/INVESTMENT TAX RATES
TAX RATES
Tax source
Tax source Resident
Resident Non-Resident
Non-Resident
DividendsDividends
to companies
to companies
controlling
controlling
25% of shares
25% ofor
shares
more or more0% 0% 10% 10%
DividendsDividends
from DSEfrom
listed
DSEcompany
listed company 5% 5% 5% 5%
DividendsDividends
from other
fromcompanies
other companies 10% 10% 10% 10%
Other withholding
Other withholding
payments payments 15% 15% 15% 15%
Interest Interest 10% 10% 10% 10%
RoyaltiesRoyalties 15% 15% 15% 15%
TechnicalTechnical
servicesservices
(Mining)(Mining) 5% 5% 15% 15%
TransportTransport
non-resident
non-resident
operator/charterer
operator/charterer
without permanent
without permanent 5% 5%
establishment
establishment
Rental income 10% 15%
Insurance premium 0% 5%
Natural resource payment 15% 15%
Service fees 15%
Capital gain for disposal of entity’s asset 10% 20%
The system minimises the possibility of evasion or underreporting of income because the agent will file
the correct tax and details for fear of penalties
The method is convenient to the taxpayers as they are spared of huge tax bills at the end of the
year and hence are freed from the need to file returns and other administrative costs.
It is economical for the Revenue Authority as it does not incur any costs in the collection of
the taxes
(i) Non-deduction
Some organization pays their suppliers without deduction of withholding taxes, the reasons may be
Out of ignorance
To help them
The method is convenient to the taxpayers as they are spared of huge tax bills at the end of the
year and hence are freed from the need to file returns and other administrative costs.
It is economical for the Revenue Authority as it does not incur any costs in the collection of
the taxes Procedures for Payment of Tax: 313
(i) Non-deduction
Some organization pays their suppliers without deduction of withholding taxes, the reasons may be
Out of ignorance
To help them
(ii) Non- remittance
Some tax agents (payer) deduct and fail to remit but rather prefer to make use of the money in their
operations
(iii) Use of wrong rate
Wrong rates are often applied either ignorantly or to help the taxpayer
The calculation of amount of the installments starts with estimation of tax payable of a person at the start
of the year.
The computation of tax payable requires that the taxpayer estimate his or her future gross income,
deductible expenditures etc. and properly uses tax rates to determine it. Then, the taxpayer uses the
formula given in the Income Tax Act, Cap 332 to compute how much of the estimated tax payable should
be paid in each installment.
Generally, taxpayers might pay their tax liabilities in 4 installments i.e. on or before the last day of the 3rd,
6th, 9thand 12th months of the year of income (Section 88(2)). However, when a taxpayer does not have
an accounting period of 12 months, the installments should be made every 3 months and the last one at
the last day of the year (Section 88(2)).
Specifically, the amount of each installment of income tax payable by an installment payer for a year of
income is calculated according to the following formula:
A−C
B
Where:
A is the estimated tax payable by the installment payer for the year of income at the time of the
installment;
B is the number of installments remaining for the year of income including the current installment;
and
C is the sum of any income tax paid during the year of income, but prior to the due date for
payment of the installment, by the person by previous installment, single installments and non-
final withholding taxes (Section88(3)).
However, taxpayers with estimated tax payable for a year of income of TZS 50,000 or less are not
required to pay taxes in installments (Section 88(4)).
Additionally, resident taxpayers engaged in agricultural business make no payments in the 1st and 2 nd
installments but in the 3rd installment pay 75% of estimated tax payable and the balance payable in the
4th installment.
Therefore, when the estimated tax payable is accurately estimated, the final tax liabilities after deducting
previously paid taxes by way of installments and withholding may be small.
Example
Carter Ltd whose accounting period ends on 31 December each year estimated that in 2013 it was going
to make a total income of TZS 20,000,000. After filing the statement of estimated tax payable on time and
paying the first and second installment, the company changed the estimated taxable income to TZS
Additionally, resident taxpayers engaged in agricultural business make no payments in the 1st and 2 nd
installments but in the 3rd installment pay 75% of estimated tax payable and the balance payable in the
4th installment.
Therefore, of
314 Computation when the estimated
Taxable Income tax payable is accurately estimated, the final tax liabilities after deducting
previously paid taxes by way of installments and withholding may be small.
Example
Carter Ltd whose accounting period ends on 31 December each year estimated that in 2013 it was going
to make a total income of TZS 20,000,000. After filing the statement of estimated tax payable on time and
paying the first and second installment, the company changed the estimated taxable income to TZS
30,000,000 and also paid non-final withholding taxes amount to TZS 1,000,000.
Required:
If the tax rate was 30%, estimate the amount that was paid in the 1st, 2nd, 3rd and 4th installment and
state the due date of each installment.
Answer
i] The due date of the first installment will be on or before 31 March 2013 and tax payable along with
filingthe statement of estimated taxes would be TZS, given by:
A−C
B
A is the estimated tax payable by the installment payer for the year of income at the time of the
installment = TZS6,000,000
B is the number of installments remaining for the year of income including the current
installment = 4 installments; and
C is the sum of any income tax paid during the year of income, but prior to the due date for
payment of the installment, by the person by previous installment, single installments and
non-final withholding taxes (Section 88(3)) = Nil
TZS 6,000,000 − 0
= TZS 1,500,000.
B = 3 installments
Therefore the amount of the second installment payable on or before 30 June 2013 would be
3
=TZS1,500,000
B = 2 installments.
Therefore the amount of the third installment payable on or before 30 September 2013is
Therefore the amount of the third installment payable on or before 30 September 2013is
= TZS 2,500,000.
B = 1 installment and
Therefore the amount of the last installment payable on or before 31 December 2013would be
= TZS2,500,000
Example
Halogen Ltd whose accounting period ends on 31 December each year estimated that in 2013 it was
going to make a total income of TZS20,000,000.
After filing the statement of estimated tax payable on time and paying the 3rd installment, the company
changed the estimated taxable income to 30,000,000.
Required:
If the tax rate was 30% and the company deals with agriculture business, estimate the amount that was
paid in the 1st, 2nd, 3rd and 4th installment and state the due date of each installment.
Answer
i] For agriculture businesses the first and second installments are all zero
ii] The amount of third installment would be 75% of TZS6,000,000 =TZS4,500,000 payable on 30
September 2013.
iii] The fourth installment includes all the remaining estimated tax payable of TZS4,500,000 i.e.
TZS1,500,000 from original estimate plus TZS3,000,000 for the extra revised estimate. Therefore
TZS 4,500,000 should be payable on 31 December 2013.
Estimation of the person's chargeable income for the year of income from each employment,
business and investment and the source of that income and the person's total income for the year of
income and the income tax to become payable with respect to that income;
In the case of a domestic permanent establishment of a non-resident person, the
permanent establishment's repatriated income for the year of income and the income tax to become
payable with respect to that income;
Estimated tax payable for the year and any foreign tax relief which will be claimed by the person,
and be signed by the person stating whether to the best of their knowledge and belief the estimate
is true and correct; and have attached to it any other information that the Commissioner may
These statements include the following information:
Estimation of the person's chargeable income for the year of income from each employment,
316 Computation of Taxable Income
business and investment and the source of that income and the person's total income for the year of
income and the income tax to become payable with respect to that income;
In the case of a domestic permanent establishment of a non-resident person, the
permanent establishment's repatriated income for the year of income and the income tax to become
payable with respect to that income;
Estimated tax payable for the year and any foreign tax relief which will be claimed by the person,
and be signed by the person stating whether to the best of their knowledge and belief the estimate
is true and correct; and have attached to it any other information that the Commissioner may
prescribe.
This can result in the consequence that all installments are based on an estimate that has not been
corrected during the year although the circumstances of the estimate have changed over the time. For
example, the taxpayer estimated a profit as the basis for his calculation of income tax that proved to be
too low as he could see some months later. If the taxpayer would in such case not adjust his estimation
of income and tax he would have to pay a final tax liability considerably exceeding the amounts of his
installments paid would arise. This could result in a heavy interest. In order to avoid such a situation a
taxpayer is well advised to scrutinize on the due dates for the payments of his second and third
installment whether his first estimate is still valid or needs to be adjusted by, for example, taking into
account an economic development that turned out to be more positive than originally anticipated
The single instalment tax rate for resident person is 10% of the gain, and for non-resident taxpayers is
20% of the gain. These taxes must be paid before transfer of ownership documents and therefore
before the titles are transferred from one person to another. The Registrar of Titles shall not register
such a transfer without the production of a certificate from TRA certifying that the single instalment has
been paid or is not payable.
In addition to the single instalment at the time of realisation of investment assets, taxpayers involved in
the following businesses pay single instalment at 5% of the gross payment (Section 90(5)):
a non-resident instalment taxpayer who receives a payment in conducting a business of land, sea
or air transport operator or chatterer
where no part of the above business is conducted through permanent establishment of the person
situated in the United Republic
and the payment is received in respect of; the carriage of passengers who embark or cargo, mail
or other moveable tangible assets that are embarked in the United Republic, other than as a result
of transhipment;
These payments must be made before the ship, vehicle or aircraft is cleared for customs purposes
(Section
90(6)). The vehicle, ship or aircraft in respect of which the payment shall be received shall not be
Procedures for Payment of Tax: 317
permitted to clear customs and leave the United Republic unless a tax certificate has been issued by
the Commissioner showing that the single instalment has been paid.
Exemptions
The following are excluded from capital gains and hence exempt from single instalment payment:
If the residence has been owned continuously by the individual for three years or more and lived in
by the individual continuously or intermittently for a total of three years or more; and the interest was
realised for a gain of not more than shillings 15,000,000. If he makes a gain of more than Tshs15
million, then he will have to reduce the gain by Tshs15 million (i.e. the excess of Tshs15 million will
be taxed).
An interest in land held by an individual that has market value of less than shillings 10,000,000 at
the time it is realised and has been used for agricultural purposes for at least two of the three years
prior to realisation.
Payments received in respect of carriage of fish by a foreign aircraft are not subject to a single
instalment payment (Section 90(4)).
An instalment payer shall be entitled to tax credit for a year of income of an amount equal to the
income tax paid by way of single instalment for the year of income
In addition, the return should include a declaration that the return is complete and accurate, be signed
by the person and a Certified Public Accountant in Public Practice (CPA-PP) when the CPA-PP helps
taxpayers in its preparation.
Also the taxpayer should attach any withholding certificates supplied to the person with respect to
payments derived by the person during the year of income, any statement provided to the person from
the CPA-PP; and any other information that the Commissioner may prescribe. Finally, returns on
income of corporations should be prepared or certified by a certified public accountant in public
practice.
45 days after the person claims the amount or may set off against any unpaid tax. In fact the claim must
be made in writing within three years of the later of:
the end of the year of income during which the events occurred that gave rise to the payment of
the excess; or
the date on which the excess was paid.
However, the taxpayer may request extension of the time required to file tax returns to the
Commissioner. The Commissioner might allow the extension which must not exceed 60 days from the
original due date of the tax returns.
TRA has issued a calendar (TRA tax calendar) to remind taxpayers and stakeholders of the important
dates of filing tax returns, making tax payments and other important events. This calendar should help
in planning your tax affairs.
Example
Robots Ltd who has an accounting period ending 31 December each year, estimated that in 2013 it was
going to make a total income of Tshs20,000,000 and paid estimated tax payable as required. Then, after
the year end, the actual taxable income turned out to be Tshs30,000,000 and the tax rate was 30%.
Answer
Returns on income are filed on or before 6 months after the year end, so the due date of filing ROI is on
or before 30 June 2014.
Explain concept tax assessments and notice of assessment; identify documents required to
be maintained by Taxpayers and describe the “EFD” system, its benefits and the possible
revenue risks involved.
AnswerAnswer
Returns Returns
on incomeon are
income
filed are
on or
filed
before
on or6before
months6 after
monthstheafter
yearthe
end,
year
so the
end,Procedures
due
so the offor
datedue Payment
filing
date ROI isofon
of filing Tax: is
ROI 319on
or beforeor30
before
June 30
2014.
June 2014.
Explain Explain
conceptconcept
tax assessments
tax assessments
and notice
andofnotice
assessment;
of assessment;
identify identify
documents
documents
requiredrequired
to to
be maintained
be maintained
by Taxpayers
by Taxpayers
and describe
and describe
the “EFD”
thesystem,
“EFD” system,
its benefits
its benefits
and the and
possible
the possible
revenuerevenue
risks involved.
risks involved.
[Learning
[Learning
outcomeoutcome
d, e, andd,f]e, and f]
ϰ͘ Theϰ͘Concept
The Concept
Of TaxOf
Assessments
Tax Assessments
And Notice
And Notice
Of Assessment
Of Assessment
4.1 Tax 4.1
assessments
Tax assessments
Tax assessments
Tax assessments
involve calculating
involve calculating
taxable income
taxable and
income
application
and application
of tax rates
of tax
onrates
the taxable
on the taxable
income to
income
determine
to determine
tax payable
tax payable
for the year
for the
andyear
deduction
and deduction
of tax credit
of tax
from
credit
taxfrom
payable
tax payable
for the year
for the year
to determine
to determine
tax payable
tax payable
on assessment.
on assessment.
Normally,
Normally,
there arethere
five categories
are five categories
of assessments:
of assessments:
self-assessment,
self-assessment,
jeopardyjeopardy
assessment
assessment
and and
adjustedadjusted
assessment.
assessment.
;ŝͿ ;ŝͿ
Self- assessment
Self- assessment
This occurs
Thiswhen
occurstaxpayers
when taxpayers
estimateestimate
their tax their
payable
tax payable
themselvesthemselves
or with the
or with
help the
of tax
help of tax
consultants
consultants
and file return
and fileonreturn
income
on as
income
required
as required
i.e. not later
i.e. not
thanlater
6 months
than 6 after
monthstheafter
end of
the end of
each year
each
of income.
year of income.
;ŝŝͿ ;ŝŝͿ
Provision
Provision
assessment
assessment
When aWhen
taxpayer
a taxpayer
has furnished
has furnished
a statement
a statement
of estimated
of estimated
tax payable
tax payable
he is automatically
he is automatically
deemeddeemed
to have to
been
have
provisionally
been provisionally
assessedassessed
on the basis
on theofbasis
estimates
of estimates
contained
contained
in such in such
statement.
statement.
;ŝŝŝͿ ;ŝŝŝͿ
Best judgment
Best judgment
assessment
assessment
If the commissioner
If the commissioner
is not satisfied
is not satisfied
that the that
return
theofreturn
income
of is
income
correctis and
correct
complete,
and complete,
he has he has
the powerthetopower
estimate
to estimate
income income
of the tax
of the
payer
taxtopayer
the best
to the
of best
his judgment
of his judgment
and make
andanmake an
assessment
assessment
accordingly.
accordingly.
;ŝǀͿ ;ŝǀͿ
Jeopardy
Jeopardy
assessment
assessment
This happens when the Commissioner General requires a person to file return on income by
the date specified in the notice disregarding the normal date of filing tax returns. The
Commissioner General may do this:
(a) when a person becomes bankrupt,
(b) when a business is wound-up or goes into liquidation,
(c) when a business is about to leave the United Republic indefinitely,
(d) when a business is otherwise about to cease activity in the United Republic;
An electronic document is considered to be served on a person by the CG under a tax law when a
document registration number is created and the document can be accessed by using the person’s
authentication code
(a) contain information to be provided or filed with the Commissioner General under any tax law;
(b) enable an accurate determination of tax payable under any tax law;
TRA Practice Note no 06/2004 requires the following records and documents to be maintained
(i) The books of accounts written up at regular intervals. Appropriate entries for each transaction
should be recorded as soon as possible (in any case not later than 30 days after the transaction).
(ii) Supporting documents such as invoices, bank statements, pay-in slips, cheque buts, and
receipts for payments, payroll records and copies of receipts issued should be retained.
(iii) Where any person receives a payment of an amount of one thousand shillings or more from the
sale of goods or performance of service other than as an employee, the person shall issue a
receipt to the person making the payment. The receipts must be serially numbered.
(iv) A valuation of the stock in trade or work in progress should be made at the end of each
accounting period and the appropriate records maintained.
(i) files an objection or appeal, all documents relevant to the matter in dispute shall be retained
until the matter is finally determined and the decision is executed;
(ii) makes an application to the Commissioner General, all documents relevant to the application
shall be retained until the application is finally decided;
(iii) applies for a refund of tax, all documents relevant to calculation of the refund shall be
retained until the refund is made; and
(iv) has received notice of an investigation or audit by the Commissioner General, all documents
relevant to the investigation or audit shall be retained until the Commissioner General notifies
the person in writing that the investigation or audit is finalised
ϲ͘ The “EFD” System, Its Benefits And The Possible Revenue Risks Involved
As part of improvement of tax administration and tax revenue through proper accounting records, taxable
persons are required to issue electronic fiscal receipts through Electronic Fiscal Devices (EFDs) (The
Value Added Tax (Electronic Fiscal Device) Regulation, 2010). The electronic fiscal devices are normally
connected through a GPRS modem at Tanzania Revenue Authority enabling recording of all sales
transactions at the authority servers.
The EFDs must be acquired by the taxable persons but the costs of first batch of the EFDs are provided
by the government for free, where taxpayers are allowed to deduct the costs as input taxes (Value Added
(iii) applies for a refund of tax, all documents relevant to calculation of the refund shall be
retained until the refund is made; and
(iv) has received notice of an investigation or audit by the Commissioner General, all documents
relevant to the investigation or audit shall be retained until the Commissioner General notifies
the person in writing that the investigation or audit is finalised Procedures for Payment of Tax: 321
ϲ͘ The “EFD” System, Its Benefits And The Possible Revenue Risks Involved
As part of improvement of tax administration and tax revenue through proper accounting records, taxable
persons are required to issue electronic fiscal receipts through Electronic Fiscal Devices (EFDs) (The
Value Added Tax (Electronic Fiscal Device) Regulation, 2010). The electronic fiscal devices are normally
connected through a GPRS modem at Tanzania Revenue Authority enabling recording of all sales
transactions at the authority servers.
The EFDs must be acquired by the taxable persons but the costs of first batch of the EFDs are provided
by the government for free, where taxpayers are allowed to deduct the costs as input taxes (Value Added
tax (Electronic Fiscal Devices) Section 28).
1. Electronic Tax Register (ETR): the device is used by retail businesses that issue receipts
manually,
2. Electronic Fiscal Printer (EFP): the device is used by computerized retail outlets. It is connected
to a computer network and stores sale transactions or details made in its fiscal memory,
3. Electronic Signature Device (ESD): the device is designed to authenticate by signing any
personal computer (PC) produced financial document such as tax invoice. The device uses a
special computer program to generate a unique number (Signature).
Definitions
‘Electronic Fiscal Device (EFD)’ means a machine designed for use in business for efficient
management controls in areas of sales analysis and stock control system and which conforms to the
requirements specified by the laws. Tanzania Revenue Authority, 2013
‘First batch’ is the first purchase of order of electronic fiscal devices by taxable persons not applicable of
the subsequent purchase of the electronic fiscal devices. Value Added Tax (EFDs) Section 28(3)
ϭ͘ First, they have viable fiscal seals to prevent tampering with the EFDs, when any sign of tampering
with seals is seen it should be promptly reported to the authority.
Ϯ͘ Second, all have fiscal memory to store data; once data is entered it cannot be altered, but when an
error occurs a person should issue another fiscal receipt and make the error adjustment at the end of
the month after providing the proof of the error.
ϯ͘ Third, all have unique serial number within the fiscal memory and the number identifies the owner of
an electronic fiscal device.
ϰ͘ Fourth, all have unique specifications followed when operating their software and hardware.
The EFD offer the following benefits to both taxable persons and the authority:
1. Computerizing the tax auditing process as data are stored electronic; this results into spending little
time on auditing using computers and software auditing techniques even on larger data.
2. With introduction of electronic signature devices, the authorities and taxable persons use less time
when issuing tax documents as electronic fiscal receipts.
3. The availability of accounting records at taxable persons’ place of businesses; EFDs and the
authority servers may reduce disputes between officers and taxable persons during audit as the
evidence can be easily compared. Furthermore, the EFDs issue automatic self-enforcing Z report
daily after every 24 hours;
4. The Z-report is obtained by pressing a button on the device at the end of each business day; the
report reports all transactions of the day and their total.
5. It might reduce tax evasion resulting from falsification of accounting records when the EFDs are used
by taxable persons, because the data are irreversible.
6. They have in-built fiscal memory which cannot be erased by mechanical, chemical or
electromagnetic interferences.
7. Transmits tax information to TRA system automatically. This will save a lot of administrative time and
costs.
8. They issue fiscal receipt/invoice which is uniquely identifiable, enabling taxpayers to comply with tax
laws.
4. The Z-report is obtained by pressing a button on the device at the end of each business day; the
report reports all transactions of the day and their total.
5. It might reduce tax evasion resulting from falsification of accounting records when the EFDs are used
by taxable persons, because the data are irreversible.
322 Computation of Taxable Income
6. They have in-built fiscal memory which cannot be erased by mechanical, chemical or
electromagnetic interferences.
7. Transmits tax information to TRA system automatically. This will save a lot of administrative time and
costs.
8. They issue fiscal receipt/invoice which is uniquely identifiable, enabling taxpayers to comply with tax
laws.
9. They have at least 48 hours power backup, and it can use external battery in areas with no electricity
supply. They therefore can work where there are frequent power cuts.
10. They save configured data and records on permanent fiscal memory automatically;
11. They have tax memory capacity that stores data for at least 5 years, which is a benefit to taxpayers
4 Answers to Test Yourself
because they are required to keep records at least for 5 years.
4 Answers
4 Answers
Self-Examination to Test Yourself
Questionsto Test Yourself
Self-Examination
Self-Examination
Questions
Questions
Question 1
Robots
Question and 1 Assembler
Question 1 Design Makers Ltd whose accounting period ends on 31 December each year
estimated that in 2013 it was going to make a total income of TZS20,000,000.
Robots andRobots Assembler
and AssemblerDesign Makers
Design Makers
Ltd whoseLtd accounting
whose accounting
period ends
period
onends
31 December
on 31 December
each year
each year
If after
estimatedfiling the
estimated statement
that in 2013
that itinwasof estimated
2013going
it was tax
to going
maketo payable
a total on
makeincome time
a total of and
income paying the
TZS20,000,000. first and
of TZS20,000,000. second installment,
the company changed the estimated taxable income to TZS10,000,000 and also paid non-final
If after filing
If after
withholding thefiling
taxes statement
the statement
amounting oftoestimated
of estimated
tax payable
TZS1,000,000. tax payable
on time onandtime
paying
andthe
paying
first the
andfirst
second
and installment,
second installment,
the company
the company
changedchanged the estimated
the estimated
taxable taxable
income income
to TZS10,000,000
to TZS10,000,000
and also andpaid
alsonon-final
paid non-final
Required:
withholding
withholding
taxes amounting
taxes amounting
to TZS1,000,000.
to TZS1,000,000.
If the taxRequired:
Required: rate was 30%, estimate the amount that were paid in the 1st, 2nd, 3rd and 4th installment and
state the due date of each installment.
If the taxIf rate
the tax
wasrate
30%,wasestimate
30%, estimate
the amount
the amount
that were
that
paid
were
in the
paid1st,
in the
2nd,1st,
3rd2nd,
and 3rd
4th and
installment
4th installment
and and
Question
state thestate2 the
due datedue
of each
date installment.
of each installment.
Samaha
Question Enterprises
Question
2 2 Limited file with the Commissioner its provisional return (statement of estimated tax
payable) on 30 August 2011 in respect of the year of income starting July 1, 2011. The return indicates
th
Samaha
estimatedSamaha
Enterprises
Enterprises
tax payable Limited
of TZSfile
Limited
with file
the with
45,000,000. Commissioner
the Commissioner
During its provisional
that year its provisional
of income, return
the (statement
returnpaid
company (statement
of
orestimated
of estimated
was chargedtax tax
payable) payable)
on 30
the following on 30th 2011
th August
taxes: August
in 2011
respectin respect
of the year
of the
of income
year of starting
income July
starting
1, 2011.
July 1,The
2011.
return
Theindicates
return indicates
estimatedestimated
tax payable
tax payable
of TZS 45,000,000.
of TZS 45,000,000.
During that
During
yearthatof income,
year of income,
the companythe company
paid or was
paidcharged
or was charged
Date
the following
the following
taxes: taxes: Details TZS
September 20, 2011 Withholding Tax – Dividend from non-resident 2,000,000
Date Date company Details Details TZS TZS
September
November September
20,
3, 201120, 2011
2011 Withholding
Single Withholding
Tax Tax
Instalment – Tax – Dividend
–Dividend
Realization from non-resident
from non-resident
of shares 2,000,000
500,000 2,000,000
May 4, 2012 company company
Withholding Tax – Rent from another company 4,000,000
November
Required:November
3, 2011 3, 2011Single Instalment Tax – Realization
Single Instalment Tax – Realization
of shares of shares 500,000500,000
May 4, 2012
May 4, 2012 Withholding Tax – Rent
Withholding – Rent
Taxfrom another
from another
companycompany 4,000,000 4,000,000
Determine
Required: the amount
Required: of tax paid in each instalment.
Determine
Determine
the amount
the amount
of tax paid
of tax
in each
paid instalment.
in each instalment.
Question 3
Mama Africa
Question 3 Company
Question 3 Ltd is a company conducting business and investment. The company lodged
statement of estimated income for 2014/2015 year of income on 28th February 2015 which showed a total
Mama
incomeAfrica
Mama Company
Africamillion.
of TZS.300 Company
Ltd isOnaLtd
company
31 stisDecember
a company
conducting
conducting
2015 business
the business
Companyand lodged
investment.
and the
investment.
The company
returns The
for thecompany
lodged
year of lodged
statement
statement
of estimated
income worth (totalofincome)
estimated
income for
income
TZS.4002014/2015
for 2014/2015
million. year of income
year of on
income
28th February
on 28th February
2015 which
2015showed
which showed
a total a total
income income
of TZS.300of TZS.300
million. million.
On 31st On 31st December
December 2015 the2015
Company
the Company
lodged the
lodged
returns
the for
returns
the year
for the
of year of
Company
income worth
income paid
(total
worth non
income) final withholding
(total income)
TZS.400TZS.400 tax on the
million. million. following dates:-
1.
Company 20 th March 2014 paid TZS.2 million.
Company
paid nonpaid
finalnon
withholding
final withholding
tax on thetaxfollowing
on the following
dates:- dates:-
2. 20th July 2014 paid TZS.3 million.
3.
1. 20
20
th October
1. th March
20th20142014paid
March paid
2014 TZS.3
TZS.2 millionmillion.
paidmillion.
TZS.2
4.
2. 20
2. th July
20
th December
2014
20 th July 2014
paid
2014 paid
paidTZS.4
TZS.3 TZS.3million.
million. million.
5.
3. 3. th January
20
20
th
October 2015 paid
20th October
2014 paid TZS.2
2014 paidmillion.
TZS.3 million
TZS.3 million
Note
4. that:
4. thYear
20 ofth income
December
20 2014 ends
December paid on paid
2014 30thmillion.
TZS.4 June every
TZS.4 million.year and banking lending rate is 7% per
month.
5. Required:
5. January
20 th 20 January
th 2015 paid 2015
TZS.2
paidmillion.
TZS.2 million.
Note that:
NoteYearthat:of Year
incomeof income
ends onends
30th on
June30every
th Juneyear
every
andyear
banking
and banking
lending lending
rate is 7%
rateper
is 7% per
Required:
month. month. Required:
Procedures for Payment of Tax: 323
Question 4
(a) Explain four possible reasons why the Tanzania government set deadlines for filling return and or
paying taxes.
(b) A person with a year of income starting 1st July 2014 ending 30th June 2015, his estimated
income tax for the year of income is Tshs.13,000,000. During the first two months of the year of
income, he paid Tshs.1,000,000 income taxes under non-final withholding payments.
Required:
Question 5
(c) Differentiate between final returns and statement of estimated tax returns as per Income Tax Act,
Cap 332. Describe the contents of such returns.
(d) Explain the implication of the various tax assessments admissible by the Commissioner General
for income tax.
Answers to Self-Assessment Questions
Answer to SEQ 1
;ŝͿ The due date of the first installment will be on or before 31 March 2013 and tax payable along with
filing the statement of estimated taxes would be given by:
[A - C]/B
;ŝŝͿ In the second installment the value A would be TZS6,000,000, C, TZS1,500,000 amount paid in the
first installment and value of B is 3 installments. Therefore the amount of the second installment
would be
(TZS6,000,000 - TZS1,500,000)/3= TZS1,500,000.
;ŝŝŝͿ After revision of the estimated amount value of A changed to TZS3,000,000, C to TZS4,000,000
from(TZS1,500,000 + TZS1,500,000 + TZS1,000,000) i.e. two installments and taxes paid at the
source, andvalue of B is 2 installments. Therefore the amount of third installment was (TZS3,000,000
-TZS4,000,000)/2= TZS500,000. Therefore nothing will be payable on or before 30 September 2013.
;ŝǀͿ While in the last installment the value of A would be TZS3,000,000, value of B would be 1 installment
and the value of C would be TZS4,000,000 from TZS1,500,000 + TZS1,500,000 + TZS1,000,000.
There fore the amount of the last installment would be (TZS3,000,000 –TZS4,000,000)/1= TZS-
500,000. Again nothing is payable on or before 31 December 2014.
324 Computation of Taxable Income
Answer to SEQ 2
A−C
Installment Amount =
B
45,000,000 − 2,000,000
First Installment Amount =
4
45,000,000 − 13,250,000
Second Installment Amount =
3
45,000,000 − 23,833,333
Third Installment Amount =
2
A = 45,000,000; B = 1;
Answer to SEQ 3
Answer to SEQ 3
I = [A – C]
I = [A –BC]
Where-B
Where-
A is the estimated tax payable by the installment payer for the year of income at the time of
I = [A – C]
Procedures for Payment of Tax: 325
B
Where-
A is the estimated tax payable by the installment payer for the year of income at the time of
the installment under section 89;
B is the number of installments remaining for the year of income including the current
installment; and
(i) income tax paid during the year of income, but prior to the due d ate for payment
of the installment, by the person by previous installment under this section; or
section 90;
(ii) income tax withheld under Subdivision A of Division II during the year of income,
but prior to the due date for payment of the installment, from payments received
by the person that are included in calculating the person’s income for the year of
income; and
(iii) income tax paid in accordance with section 83(3) or (4) with respect to a
payment of the kind referred to in paragraph (b) that shall be paid to the
Commissioner by the withholding agent or the withholder during the year of
income but prior to the due date for payment of the installment.
I = Installment.
A 300m*30%=90m TZS
B=2
C=3 + 3 + 4 + 2 = 12m
2
= TZS 39 m
A=300m*30%=90m TZS
B=1
C=12m+39m=51m
TZS 39 m
Answer to SEQ 4
(a) Reasons
(i) Enables entities to plan when to undertake the work on their tax assessment and to
accommodate the cash flow impact.
(ii) Enables the tax authorities to plan their work and for governments to prepare their
budgets more easily.
(iii) Provides reference points for the tax authorities to enforce disclosure and payment of tax
and to determine the amounts of any penalties that may arise.
(iv) Prevent entities from being tempted to spend personal income tax and social security
contributions deducted at source from employees pay. The longer monies remain
uncollected, the greater the risk that employers will use the funds for other purposes.
(a) Reasons
(i) Enables entities to plan when to undertake the work on their tax assessment and to
accommodate the cash flow impact.
(ii) Enables the tax authorities to plan their work and for governments to prepare their
budgets
326 Computation of Taxable more easily.
Income
(iii) Provides reference points for the tax authorities to enforce disclosure and payment of tax
and to determine the amounts of any penalties that may arise.
(iv) Prevent entities from being tempted to spend personal income tax and social security
contributions deducted at source from employees pay. The longer monies remain
uncollected, the greater the risk that employers will use the funds for other purposes.
13,000,000-1,000,000 Shs.12,000,000
Tshs.3,000,000
4 4
Answer to SEQ 5
(c) A final return of income is a statement written by the tax payer and submitted to the
Commissioner for income tax. It must be submitted within three months after the end of
accounting period/year of income vs Statement of Estimated Income Tax.
The final return contains:
Types of assessments
Types of assessments
Implication of assessments:
SECTION E: NON-COMPLIANCE
Non-Compliance with
Income
WITHTax Act
INCOME TAX ACT
While complying with the Tax laws, following the due dates is very important as any delay in filing returns
and paying tax can lead to heavy penalties and interest. This Study Guide discusses consequences of
not complying with the Income Tax Act, Cap 332
As a tax consultant, you will need this information to advice clients on how to minimize penalties. A
thorough understanding of this topic is important for your examination, as well as in your professional life.
Calculate Interest for Under Estimating Tax Payable; calculate Interest for failing to pay tax;
and calculate the penalty for failing to maintaining documents.
Calculate Interest for Under Estimating Tax Payable; calculate Interest for failing to pay tax;
and calculate the penalty for failing to maintaining documents.
[Learning Outcome a, b, and c]
[Learning Outcome a, b, and c]
Required
Ifthetaxratewas30%andstatutoryratewas10%, determine whether there is under-estimation of tax payable
in instalments.
Ifthetaxratewas30%andstatutoryratewas10%, determine whether there is under-estimation of tax payable
in instalments.
If yes compute the interest for under estimation.
If yes compute the interest for under estimation.
Answer
If estimated Income tax payable is less than 80% of the actual tax shown in the return; there is
Answer
underestimation.
If estimated Income tax payable is less than 80% of the actual tax shown in the return; there is
Solution
underestimation.
Solution
80% of correct tax i.e. 80% xTshs 9,000,000 = Tshs. 7,200,000.
Income tax paid by installment = 30% x Tshs20,000,000= Tshs6,000,000
Excess = Tshs 9,000,000 – Tshs 6,000,000 = Tshs. 3,000,000
Date of 1st instalment = 31/3/2017
Date of filing return of income 30/6/2015,
Duration = 15 months (periods)
BOT statutory rate 10%
Interest:
PV = Tshs. 3,000,000
n = 15 months
i = 15%/12 months
I = 3,000,000*(1+15%/12)15-1
=Tshs614,487
Income tax paid by installment = 30% x Tshs20,000,000= Tshs6,000,000
Excess = Tshs 9,000,000 – Tshs 6,000,000 = Tshs. 3,000,000
Date of 1st instalment = 31/3/2017
Date of filing return of income 30/6/2015,
Duration = 15 months (periods) Non-Compliance with Income Tax Act: 331
BOT statutory rate 10%
Interest:
PV = Tshs. 3,000,000
n = 15 months
i = 15%/12 months
I = 3,000,000*(1+15%/12)15-1
=Tshs614,487
N
The formula for calculating interest is given by: I = P [(1 + R) -1],
P = Unpaid taxes
The company filed the statement ofestimatedtaxpayableon5May2013and paid the first instalment on the
same date
Required:
If the tax rate was 30% and statutory rate was 15%, compute the interest for failure to pay tax on time.
Workings:
N
Interest for failure to pay tax = P [(1 + R) – 1], where
P = unpaid taxes i.e. Tshs1,500,000,
P
R== unpaid
monthlytaxes i.e. Tshs1,500,000,
statutory rate, i.e. (15%)/12=1.25%and
R
N== monthly statutory
number of periodsrate, i.e. (15%)/12=1.25%and
in which failure continued = 2months.
N = numberthe
Therefore of periods
interestiniswhich failure continued = 2months.
Tshs37,734.
Example
During the year of income ended 31 December 2015, KCB Ltd failed to maintain proper documents
and filed a return of income showing business income of Tshs 200,000,000 on which tax of
60,000,000 was paid by the due date. On the audit that was carried out, it was established that the
company income was supposed to be Tshs 300,000,000 had a proper documents been kept.
Required:
Compute penalties if any under section 77 of the Tax Administration Act, 2015, assume the failure to
maintain the documents continued for all 12 months of the year of income.
Answer
Penalty per month=10 Currency points = (Tshs 15,000×10) =Tshs 150,000
Total Penalty = 150,000 × 12 Months= Tshs 1,800,000
Calculate penalty for failing to file tax return; state the penalty for making false or misleading
statements; state the offences from non-compliance; and describe Procedures to Recover
Tax from Taxpayer.
Any person who fails to pay any tax on, or before the date on which the tax is Section 83
payable commits an offence and shall be liable on conviction-
(a) where the failure is to pay tax in excess of 50 currency points, to a fine
of not less than 25 currency points and not more than 100 currency
points or imprisonment for a term of not less than three months and
not more than one year, or to both; and
(b) in any other case, to a fine of not less than 10 currency points and not
more than 25 currency points or imprisonment for a term of not less
than one month and not more than three months, or to both.
334 Non-Compliance with Income Tax Act
(a) makes any entry of any building, room, place, or item of plant, which is
false or incorrect in any material particular;
(b) makes or causes to be made any declaration, certificate, application,
return, account, or other documents, which is false or incorrect in any
material particular;
(c) when required to answer any question put to that person by an officer,
refuses to answer such question or makes any false or incorrect
statement in reply thereto;
(d) is in any way involved in any fraudulent evasion of the payment of any
tax;
(e) obtains any remission, rebate or refund of tax which he is not entitled
to obtain;
(f) makes any false statement or false representation in order to obtain
any remission, rebate, refund of tax or any tax benefit
(g) acquires possession of, keeps, conceals, removes or in any way deals
with, any excisable goods or any taxable goods which have been
manufactured or supplied without payment of the full tax;
(h) counterfeits or in any way falsifies or uses when counterfeited or in
any way falsified, any document required or issued by or used for the
purpose of the tax;
(i) omits or fails to make or cause to be made any declaration, certificate,
application, return, account, or other documents, which is true or
correct in any material particular; or
(j) acquires, possess, keeps or conceals, or in any way deals with, any
fiscal receipt or fiscal document which is false or incorrect in any
material particular;
Commits an offence and upon conviction is liable for payment of twice of the
amount of the tax evaded.
A person who:
(a) fails to acquire and use an electronic fiscal device upon commencement of
business operations or expiry of the period specified by the Commissioner;
(b) fails to issue fiscal receipt or fiscal invoice upon receiving payment for sale
of goods or service
(c) issues a fiscal receipt or fiscal invoice that is false or incorrect in any
material particulars;
(d) uses electronic fiscal device in any manner that misleads the system or the
Commissioner;
(e) tempers with or causes electronic fiscal device to work improperly or in a
manner that does not give a correct or true document,
Commits an offence and shall be liable on conviction to a fine not less than
200 currency points and not more than 300 currency points or to imprisonment
for a term not exceeding three years or to both.
6. Offences authorized and unauthorised person
Where an entity has committed an offence under a tax law, every person who
is a manager of the entity at the time of commission of that offence shall be
treated to have committed that offence ,except where the manager has
exercised the degree of care, diligence, and skill that would have been
exercised by a reasonable person in preventing the commission of that offence
Penalty
Upon conviction a person is liable to a fine of not less than 200 currency points
and not more than 300 currency points or to imprisonment for a term not
exceeding three years or to both.
Any person who aids, abets, counsels or induces another person to commit an
offence under a tax law commits an offence and shall be liable, on conviction,-
(a) where the original offence involves a statement of the kind prescribed
in section 84(1) and, if the inaccuracy of the statement were
undetected, may have resulted in an underpayment of tax to a fine of
not less than 100 and not more than 200 currency points,
imprisonment for a term of not less than one year and not more than
two years, or to both;
(b) where the original offence involves inducing an authorised person to
commit an offence under section 87, to a fine of not less than 200
currency points, or imprisomnent for a term of not less than twelve
months and not more than five years, or to both; or
(c) in any other case, to a fine of not less than 50 currency points and not
more than 100 currency points, or to imprisonment for a term of not
less than six months and not more than one year, or to both.
Specific tax collection devices to compel tax payment –Section 59 to 69 of the Tax Administration
Act, 2015
(a) Suit for unpaid tax
Tax that has not been paid when it is payable may be sued for and recovered in any court of
competent jurisdiction by the Commissioner General acting in the Commissioner's official capacity. It
is generally accepted principle that the tax due and payable by any person is a debt to the
government and the Commissioner General is doing so on behalf of the government.
(d) Motor vehicle registration or transfer tax has not been paid with respect to a vehicle; or
(e) Any provision of the Excise (Management and Tariff) Act has been breached with respect to
excisable goods
The Commissioner General may
(a) restrain the goods, vehicle, vessel or any other asset
(b) restrain and search any premises, place, vehicle, vessel or any other asset which he believes the
goods, vessel or vehicle are located;
(c) mark, lock up or seal any building, room, place, receptacles or item of plant in any factory,
exercisable goods, or materials in a factory
(b) Receivers
A person who has been appointed to be a receiver shall, sell sufficient assets that come into his’s
possession under the receivership to pay for any entity’s tax due. The receiver shall, to the
extent that he fails to set aside an amount as required, be personally liable to pay to the
Commissioner General on account of the taxpayer's tax liability the amount that should have
been set aside.
Self -Test
Self
Examination
-Test Examination
Questions
Questions
Question Question
1 1
ABC Co.ABC Ltd’sCo.
main Ltd’s
linemain
of business
line of business
is manufacturing.
is manufacturing.
The company’s
The company’s
12 months 12 months
accounting accounting
period runs
period runs
from 1 from
st 1 September
Septemberst each year.For
each year.For
the yearthe of year
income of income
20X6, the 20X6,
company
the company
furnished furnished
a statement
a statement
of of
estimated estimated
income incometax on tax 15st on 15st20X6,
April April for20X6,
the foryeartheof year
income of income
of an income
of an income
of Tshsof140 Tshs 140
million.However
million.Howeveron 16th on June 16th20X6,
Junethe 20X6,
company
the company
paid thepaid full the
incomefull income
taxes shown
taxes onshown
statement
on statement
of of
estimated estimated
income tax income
payable
tax payable
for the yearfor the
of income
year of 20X6.
incomeOn 20X6.
20 On
th May2020X7,
th Maythe20X7,
company
the company
furnishedfurnished
the return theofreturn
income of for
income
the yearfor the
declaring
year declaring
an income an of
income
Tshs 200
of Tshs
million.
200 million.
Required: Required:
Calculate Calculate
i) Penalties
i) Penalties
for failingfortofailing
file taxtoreturn
file taxif return
any payable
if any payable
under section
under 78section
of the78
Taxof the
administration
Tax administration
Act, Act,
2015. 2015.
ii) Interest
ii) Interest
payable payable
on under-estimation
on under-estimationof estimated
of estimated
tax under taxsection
under 75 section
of the75Tax
of the
administration
Tax administration
Act, 2015. Act, 2015.
iii) Compute
iii) Compute
interest interest
for failing fortofailing
pay tax to pay
(if any),
tax (ifunder
any),section
under 76 section
of the76Tax
of the
administration
Tax administration
Act, Act,
2015. 2015.
BOT statutory
BOT statutory
rate 15%rate 15%
Question Question
2 2
Muhidin Muhidin
& Co. Ltd & isCo. a company
Ltd is a company
established
established
in the Unitedin theRepublic
United Republic
of Tanzania of Tanzania
since 1990s.since Its
1990s. Its
accounting
accounting
period starts
period onstarts
1st October
on 1st October
each year. each During
year. theDuring
yeartheof income
year of ended
income30 ended
th September
30th September
2014, the2014,
companythe company
filed its statement
filed its statement
of estimated of estimated
tax payabletax payable
on 28th February
on 28th February
2014 with 2014
taxable
with taxable
income amounting
income amounting to TZS. 240,000,000/=
to TZS. 240,000,000/=and paidand the paid
1 installment
st the 1 installment
st amount amount
on that dateon that
whiledate
thewhile
2nd the 2nd
and 3rd installments
and 3rd installmentswere paid were
on their
paid on
respective
their respective
due dates due asdates
per S.88
as per of the
S.88ITAof (Cap.
the ITA 332)
(Cap.(R.E.
332) (R.E.
2014). The
2014). company
The company
filed revisedfiled estimates
revised estimates
with an income
with an taxincome
amounting
tax amounting
to TZS.75,000,000
to TZS.75,000,000on 31 st on 31 st
December December
2014 and 2014paidandthe paid
amount
the amount
due thereof. due thereof.
On 30 June
th On 302015,
th June the
2015,
company
the company
filed its final
filed tax
its final tax
return with
returntaxable
with income
taxable of income
TZS. 300,000,000/=.
of TZS. 300,000,000/=.
Required: Required:
(i) (i)
What was Whatthe was
due the
datedue
for date
fillingfor
thefilling
provisional
the provisional
returns for returns
Muhidinfor Muhidin
& Co. Ltd & as
Co.perLtdS.89
as per S.89
of the ITA, of the
CapITA,332,Cap
(R.E.
332, 2014)?
(R.E. 2014)?
(ii) State
(ii) theState
due thedateduefor date
fillingforthefilling
finalthe
return
finalfor
return
Muhidin for Muhidin
& Co. Ltd & Co.
as per Ltdthe
as provisions
per the provisions
under the under
ITA, theCap.ITA,
332,
Cap.(R.E.332,2014).
(R.E. 2014).
(iii) Compute
(iii) Compute
the amount the amount
of income of tax
incomepaid tax
by paid
Muhidin by Muhidin
& Co. Ltd & Co.
on 1Ltd on 1 st installment
st installment and 4th and 4th
installment. installment.
(iv) (iv)
ComputeCompute the amount the amount
of income of tax
incomepaid tax
by Muhidin
paid by Muhidin
& Co. Ltd & on
Co.30 Ltd on 302015
th June th June(ignore
2015 (ignore
any interest any and/or
interestpenalty
and/or thereof).
penalty thereof).
AscertainAscertain
the amount the amount
of penalty of payable
penalty payable
by Muhidin by Muhidin
& Co. Ltd & as
Co.per LtdS.78
as perof the
S.78Taxof the
Administration
Tax Administration
Act, Act,
2015 (if 2015
any). (if any).
Question Question
3 3
Zuma ZumaZumaCompany
Zuma Company
Ltd is a Ltd
company
is a company
dealing dealing
with wholesale
with wholesale
and retail and
business
retail business
in Singidain Singida
for the for the
period ofperiod
five years
of five
now.
years
The
now.
company’s
The company’s
financialfinancial
year is January
year is January
to December.
to December.
During the
During
financial
the financial
year 2016,
yearit 2016,
was discovered
it was discovered
by the tax
by audit
the tax
done
audit bydone
Tanzaniaby Tanzania
RevenueRevenue
AuthorityAuthority
that the that
Company
the Company
did not comply
did not with
comply
the with
requirement
the requirement
of the law
of the
of filling
law oftaxfilling
return
taxand
return
tax and
payment.
tax payment.
The following
The following
information
information
was revealed:
was revealed:
340 Non-Compliance with Income Tax Act
(c) (c)
It submitted
It submitted
the provisional
the provisional
statement statement
of estimated
of estimated
tax payable
tax payable
on 14/09/2016
on 14/09/2016
and paidand
all paid
the all the
tax due on
taxthe
duesame
on theday.
same day.
(d) (d)
The taxable
The income
taxable calculated
income calculated
was supposed
was supposed
to be TZS.115,000,000.
to be TZS.115,000,000.
(e) (e)
Other balance
Other balance
of tax wasof tax
paidwas
as required.
paid as required.
(f) (f)
The return
Theonreturn
incomeon (final
incomeaccounts)
(final accounts)
was submitted
was submitted
on 30/09/2017.
on 30/09/2017.
(g) (g)
The Bank
The
of Bank
Tanzania
of Tanzania
discounting
discounting
rate at the
rate
time
at the
wastime
10%.
was 10%.
Required:
Required:
Calculate
Calculate
the penalties
the penalties
and interest
and to
interest
be paid,
to be
if any,
paid,asif per
any,tax
aslaws
per tax
in the
laws
country.
in the country.
QuestionQuestion
4 4
The accounting
The accounting
period ofperiod
the Great
of theCo.
Great
Ltd Co.
endsLtd onends
31st on
December
31st December
of each of year.
eachDuring
year. the
During
yeartheof year of
income income
2017, the2017,
company
the company
fails to fails
file/furnish
to file/furnish
the statement
the statement
of estimated
of estimated
income income
on the due on the
date.due date.
However,However,
on 30/9/2017,
on 30/9/2017,
the company
the company
files the files
estimated
the estimated
income of income
Tshs 100
of Tshs
million.
100 million.
Unfortunately,
Unfortunately,
the company
the company
also, delayed
also, delayed
the submission
the submission
of the final
of the
return
finalofreturn
incomeof which
incomeiswhich
submitted
is submitted
on 30/9/2018
on 30/9/2018
showingshowing
an incomean tax
income
amounting
tax amounting
to Tshs. to40Tshs.
million.
40 The
million.
corporation
The corporation
tax rate tax
is 30%.
rate is 30%.
Required:
Required:
ComputeCompute
penaltiespenalties
if any payable
if any payable
under section
under 78section
of the78Tax
of the
Administration
Tax Administration
Act, 2015.Act, 2015.
Answers
Answers
to Self-Test
to Self-Test
Examination
Examination
Questions
Questions
AnswerAnswer
to SEQ 1 to SEQ 1
(a) Penalties
(a) Penalties
for late for
submission
late submission
of Statement
of Statement
of Estimated
of Estimated
Income Income
Tax Payable
Tax Payable
and Return
and Return
of of
Income Income
(Section(Section
78 of the 78Tax
of the
Administration
Tax Administration
Act, 2015)
Act, 2015)
(i) (i)
Penalty Penalty
for the failure
for the to
failure
file Statement
to file Statement
of Estimated
of Estimated
Tax Payable
Tax Payable
on or before
on or the
before
duethe due
date date
Duedate: Due30/11/20X5
date: 30/11/20X5
Filling date:
Filling
15/4/20X6.
date: 15/4/20X6.
Months late:
Months 5 Months
late: 5 Months
Penalty forPenalty
eachformonth
eachormonth
part oforapart
month
of a month
The greaterThe ofgreater of
(i) (i)
2.5% (Tshs 2.5%42,000,000-0)=
(Tshs 42,000,000-0)=
Tshs 1,050,000
Tshs 1,050,000
(ii) 15
(ii) Currency
15 Currency
point = Tshs
point225,000
= Tshs 225,000
Penalty Penalty
= Tshs 1,050,000
= Tshs 1,050,000
X 5 Months=
X 5 Months=
Tshs 5,250,000/=
Tshs 5,250,000/=
(ii) (ii)
Penalty Penalty
for the failure
for thetofailure
file Return
to file of
Return
Income
of Income
on or before
on orthe
before
due the
date
due date
Duedate: Due date: 28/2/20X7
28/2/20X7
Filling
date:
Filling date: 20/5/20X7.
20/5/20X7.
Duration
Duration
of failureof: failure : 3 months 3 months
Income tax Income
payable
tax payable
= = Tshs. 60,000,000
Tshs. 60,000,000
Tax paidTax out paid
at the
outstart
at the
of month,
start ofMay
month,
(installments
May (installments
= Tshs= 42,000,000
Tshs 42,000,000
Penalty
for Penalty
eachfor
month
eachormonth
part oforapart
month
of a month
The greater
The ofgreater of
Non-Compliance with Income Tax Act: 341
(b) Interest payable for the under estimation of estimated income tax payable (Section 75 of the
Tax Administration Act, 2015)
If estimated Income tax payable is less than 80% of the actual tax shown in the return; there is
underestimation.
Solution
80% of correct tax i.e. 80% xTshs 60,000,000 = Tshs. 48,000,000.
Income tax paid by installment = Tshs. 42,000,000
Excess = Tshs 60,000,000 – Tshs 42,000,000 = Tshs. 18,000,000
Date of 1st instalment = 30/11/20X5
Date of filing return of income 28/2/20X7,
Duration = 15 months (periods)
BOT statutory rate 15%
Interest:
PV = Tshs. 18,000,000
n = 15 months
i = 15%/12 months
I = 18,000,000*(1+15%/12)15-1
=Tshs 3,686,925
(c) Interest payable for the late payment of taxes (Section 76 of the Tax Administration Act, 2015)
(i) Payment for quarterly installment taxes (Section 88 Of the Income Tax Act Cap 332
B- Estimated income tax payable for the year income under section 4(1)a & b of the Income Tax Act
Cap 332 2004 R.E 2014
(Tshs 140 million 30% =Tshs 42,000,000
C- Number of installments remaining including the current installment
D- Income tax paid prior the due date for the payment of installment tax by the way of withholding or
installment
1st installment
The due date for payment of the 1st installment is 30/11/20X6
Date paid 16/6/20X6.
Since it is paid after the due date, there is an interest under section 75
Amount of 1st installment = (42,000,000-0)/4 = shs.10, 050,000
Duration of failure = 7 months
BOT interest rate 15%
Interest
I = 10,050,000*(1+15%/12)7-1
= 913,047
342 Non-Compliance with Income Tax Act
2nd installment
The due date for payment of the 2nd installment is 28/02/20X6
Date paid 16/6/20X6.
Since it is paid after the due date, there is an interest under section 75
Amount of 2nd installment = (Tshs 42,000,000-Tshs 10,500,000)/3 = shs.10, 050,000
Duration of failure= 4 months
BOT interest rate 15%
Interest
I = 10,050,000*(1+15%/12)4-1
= 512,001
3rd installment
The due date for payment of the 3rd installment is 30/05/20X6
Date paid 16/6/20X6.
Since it is paid after the due date, there is an interest under section 75
Amount of 3rd installment = (Tshs 42,000,000-Tshs 21,000,000)/2 = shs.10, 050,000
Duration of failure = 1 months
BOT interest rate 15%
Interest
I = 10,050,000*(1+15%/12)1-1
= 125,625
4th installment
The due date for payment of the 4th installment is 31/08/20X6
Date paid 16/6/20X6.
No failure
(ii) Interest for the late payment of Income tax to be paid on the date of filling Return of Income
Answer to SEQ 2
(i) The due date for filling provisional return was 31st December 2013.
(ii) The due date for filling the final return was 31st March 2015.
(iii) Amount of Income tax paid on 1st instalment was as follows:
First instalment = A – C
B
Non-Compliance with Income Tax Act: 343
A = income tax payable by the start of the period = TZS 240,000,000 x 30%
= TZS 72,000,000/=
C = income tax paid by the start of the period
B = No. of instalment = 4
Amount paid by Muhidin & Co. Ltd. on 1st instalment = TZS 18,000,000
(iv) Income tax paid on 30th June 2015 by Muhidin & Co. Ltd.
Income tax payable = 300,000,000 x 30%
= 90,000,000
Income tax paid = 90,000,000 – 75,000,000
Therefore, the income tax paid on 30th June 2015 was TZS 15,000,000/=
(v) Penalty paid by Muhidin & Co. Ltd. As according to s.78 of Tax Administration Act 2015:
= TZS 1,125,000/=
344 Non-Compliance with Income Tax Act
Answer to SEQ 3
Therefore
Non-Compliance with Income Tax Act: 345
Answer to SEQ 4
Year of income: 1/1/2017 to 31/12/2017
Due date for filing estimate: 31/3/2017
Date the estimate filed: 30/9/2017, (there is failure)
Penalty:
= (30 million-0) x 2.5% = 750,000 or 15 points currency ( 1 currency =Tshs 15,000) ,whichever is greater.
The greater (penalty) is Tshs. 750,000
SECTION
SECTION
Value Added Tax Act
F: VALUE
F: VALUE
ADDED
ADDED
TAX
TAX
STUDY
STUDY
GUIDE
GUIDE
F1: F1:
INTRODUCTION
INTRODUCTION
TO TO
VATVAT
(THEORY
(THEORY
ANDAND
PRACTICE)
PRACTICE)
Value Added
Value Tax
Added
(VAT)
Taxis(VAT)
one ofis the
onemost
of the
important
most important
sources sources
of government
of government
revenuerevenue
in Tanzania.
in Tanzania.
So, So,
proper understanding
proper understanding
and implementation
and implementation
of the VAT
of the
laws
VAT is laws
paramount.
is paramount.
In this Study
In this Guide,
Study the
Guide, the
meaning,
meaning,
nature, types
nature,
andtypes
methods
and methods
of computing
of computing
of VAT are
of VAT
introduced.
are introduced.
a) Explain
a) the
Explain
meaning,
the meaning,
nature and
nature
operationalization
and operationalization
of VAT of VAT
b) Illustrate
b) Illustrate
types of types
VAT(Consumption,
of VAT(Consumption,
Gross-product,
Gross-product,
and Income
and type
Income
VAT)type VAT)
c) Explain
c) methods
Explain methods
of VAT computation
of VAT computation
(addition,
(addition,
subtraction
subtraction
and credit
and
method)
credit method)
d) Explain
d) the
Explain
argument
the argument
for and against
for and VAT
against VAT
e) Describe
e) Describe
the Tanzanian
the Tanzanian
VAT System
VAT System
ExplainExplain
the meaning,
the meaning,
nature nature
and operationalization
and operationalization
of VAT of
andVAT andIllustrate
Illustrate
types types
of VAT of
(Consumption,
VAT (Consumption,
Gross-product,
Gross-product,
and Income
and Income
type VAT).
type VAT).
[Learning
[Learning
outcomeoutcome
a, and b]
a, and b]
1. The1.Meaning,
The Meaning,NatureNature And Operationalization
And Operationalization Of VATOf VAT
VAT is anVAT abbreviation
is an abbreviation
for Value-Added
for Value-Added
Tax. It isTax.
an indirect
It is an taxindirect
on the
taxconsumption
on the consumptionof goodsofand goods and
servicesservices
in the economy.
in the economy.
The natureTheofnature
ValueofAdded
ValueTax Added(VAT) Taxis(VAT)
such thatis such
it follows
that it supply
followschains
supply chains
of taxable
of goods
taxableandgoods
services.
and services.
This nature
Thismeans
nature each
means party
each in party
a supply
in achain
supply ofchain
taxableof goods
taxableorgoods or
servicesservices
pays VAT pays
on VAT
his/heron purchases;
his/her purchases;
and when and thewhen
personthe is person
a taxable
is a person,
taxable person,
collects collects
VAT on VAT on
his/her taxable
his/her sales.
taxableThese
sales.taxable
These sales
taxableinclude
sales sales
include and
sales
purchases
and purchases
of most of goodsmostandgoodsservices.
and services.
For instance,
For instance,
a supplyachain
supply of chain
mobileofphones
mobile might
phones include
might wholesaler
include wholesaler
importers, importers,
other wholesalers
other wholesalers
who buywho frombuythefrom
importers,
the importers,
retailers retailers
and finally,
and the
finally,
finalthe
users.
final At
users.
the stage
At theofstageimportation,
of importation,
the the
importersimporters
pay VATpay on VAT
imported
on imported
mobile phones;
mobile phones;
the VATthe is known
VAT is as known
inputas taxinput
as part
tax ofas customs
part of customs
taxes. But,
taxes.
uponBut,
selling
uponthe selling
mobilethephones
mobile to
phones
othertowholesaler’s importers
other wholesaler’s importers
charges charges
VAT onVAT saleson sales
known as knownoutput
as taxes.
output Thetaxes.output
The taxes
outputcollected
taxes collected
by the wholesaler
by the wholesaler
importers importers
are the input
are thetaxes
input taxes
paid by the
paidother
by the wholesalers.
other wholesalers.
However, However,
the otherthewholesalers
other wholesalerscharge VAT charge when VAT selling
whenthe selling
mobiles
the mobiles
to the retailers,
to the retailers,
who alsowho collect
alsooutput
collecttaxes
outputfrom
taxes
thefrom
final the
users.
finalByusers.
its nature
By itsevery
nature taxable
every person
taxable person
in the chain
in theofchain
supplyof issupply
required
is required
personallypersonally
to remit to theremit
value theadded
valuetaxesaddedliability
taxes in liability
a particular
in a particular
month tomonth
a revenue
to a revenue
authority. authority.
The amountThe amount
paid to the
paidauthority
to the authority
is the difference
is the difference
betweenbetween
output tax output tax
348 Value Added Tax Act
and input tax in that month. Alternatively, the amount can be computed by applying the VAT rate
on the
and input difference
and
taxinput
in that between
taxmonth. the Alternatively,
sellingtheprice
in that Alternatively,
month. before
amount
the can VAT
amount be canandbe purchase
computed computed price
by applying before
by applying
the VAT.
VATtherateVAT rate
Nevertheless,
on the on the
difference total
the difference VAT paid
betweenbetween by all taxable
the selling
the pricepersons
sellingbefore in the
price VAT chain
beforeand of supply
VATpurchase is equal
and purchase to the
price before input
price VAT.
before VAT.
taxes paid
Nevertheless, by the
thetotal
Nevertheless, finaltheusers
VAT total
paidorby
VAT the
all
paidoutput
by alltaxes
taxable collected
persons
taxable in the by
persons in the
chain theofretailers.
chain
supplyof Consequently,
issupply theVAT
equalistoequal to isthe input
input
a tax on
taxes paidconsumption
taxesby paid
the finalas
by the it is
users borne by
finalorusers the
the outputfinal users
or the taxes of taxable
outputcollected goods
taxes collected and
by the retailers.services.
by the retailers.
Consequently,
Consequently,
VAT is VAT is
a tax on aconsumption
tax on consumption
as it is borne
as it is
byborne
the final
by theusers
final
of users
taxable of goods
taxableand goods
services.
and services.
2. Types of VAT (Consumption, Gross-product, and Income type VAT)
2. The 2.selection
Types VATofof
ofTypes an appropriate
(Consumption,
VAT type of Gross-product,
(Consumption, VAT is crucial
Gross-product, and Income inand
theIncome
formulation
type VAT)type of a viable VAT system.
VAT)
There are
The selection three possible
The selection VAT
of an appropriate options:
of an appropriate consumption,
type of VAT type of income,
is crucial
VAT is incrucial and gross
the formulation domestic
in the formulation product
of a viable of aVATtypes.
viablesystem.
VAT system.
(i)
There are Consumption
There
threeare
possible VAT
three possible
VAT options:
VAT options:
consumption,consumption,
income, income,
and gross and domestic
gross domestic
product product
types. types.
(i) Under
(i) consumption
ConsumptionConsumptionVAT VAT VAT all supplies of goods and services including purchases of capital
goods are
Undertaxable
Under consumption and
VATtheir
consumption inputalltaxes
all VAT
supplies are deductible
supplies
of goods ofandgoods in the
services
and periodincluding
services
including ofpurchases
acquisition of .In
purchases this
capitalof capital
case,
goodsthe are firm
goods inare
taxable question
taxable is and
and their allowed
input
their toinput
taxes deduct
are the are
taxes gross
deductible value
in theofperiod
deductible its
in product not of
the ofperiod only
acquisition the
.Innon-
this .In this
acquisition
capital
case, the inputs
firm purchased
case, the
in question from
firm in question other
is allowed is firms butto
allowed
to deduct also
the
deductthe
grosscapital
the
value equipment
gross of value ofso
its product itspurchased
product
not only not i.e.
the thethe non-
only
non-
tax base is
capital inputs sales proceeds
capitalpurchased
inputs purchased minus
from other (capital
from firms goods
other
butfirms purchased
also but the also
capital + materials
theequipment purchased).
capital equipment
so purchasedso purchased
i.e. the i.e. the
(ii) Production
tax basetax VAT is
is sales
base (Gross
proceeds Product
sales proceeds VAT)
minus (capital
minus goods
(capitalpurchased
goods purchased
+ materials + materials
purchased). purchased).
(ii) Production
(ii)
Production VAT
Production recognizes
VAT (Gross VAT Product
(Gross onlyProduct
revenueVAT)
VAT) transactions and totally disallows input taxes
deduction
Production on capital
Production goods.
VAT recognizes
VAT recognizes
only revenueonly revenue
transactions transactions
and totally and disallows
totally disallows
input taxes input taxes
The tax deduction
deduction base under
on capital ongross
goods.
capitalproduct
goods.VAT for any firm is just sales minus materials (other than
capital
The taxgoods/fixed
The
basetax underbase assets).
gross This
grosskind
underproduct of for
product
VAT VAT VAT
anydiscourages
firm
for any
is just
firminvestment
sales
is just minus because
sales minus the
materials VAT than
materials
(other paid
(other than
on purchase
capital goods/fixedof fixed
capital goods/fixed assets is not
assets). assets). refunded.
This kindThis of VAT
kind discourages
of VAT discourages investment investment
becausebecause
the VATthe paidVAT paid
on purchaseon purchase
of fixed assets
of fixedisassets
not refunded.
is not refunded.
(iii) Income VAT
(iii) In
(iii)the income
Income VAT approach,
Income VAT all goods and services supplied are taxable but inputs paid on the
purchases
In the income of capital goods
In the approach, allisgoods
income approach, spread
allandover
goods the
services
andspan of thesupplied
services
supplied products or assets
are taxable
are but
taxable as
inputs deprecation.
butpaid
inputs
on paid
the on the
Hence,
purchases the tax
purchases base is
of capitalofgoods sales proceeds
capitalisgoods
spreadis over less
spread material
theover
spanthe purchased
of span
the products + depreciation
of the products
or assetsoras of
assets capital
deprecation.
as deprecation.
equipment.
Hence, Hence,
the tax thebasetaxis base
sales isproceeds
sales proceeds
less material
less material
purchasedpurchased
+ depreciation
+ depreciation
of capital
of capital
equipment.
equipment.
Explain the meaning, nature and operationalization of VAT and
ExplainExplain
the
Illustrate meaning,
the
types of meaning,
VATnaturenature
and operationalization
and operationalization
of VATofand
VAT and
Illustrate
Illustrate
types types
of VATof VAT
[Learning outcome c, d, and e]
[Learning
[Learning
outcomeoutcome
c, d, and
c, e]
d, and e]
.
The disadvantages of value Added Tax (VAT) include:
(i) Generally, the VAT is regressive in nature. The rich and the poor have to pay the same
rate of VAT on commodities. This may further increase income disparities among the rich
and the poor.
(ii) VAT increases costs of goods and services for final consumers. This increase in price
might results in inflation
(iii) There is need for appropriate record keeping and frequent cross-checking. This tends to
impose burden to small firms. e.g monthly filling requirement, the apportionment of input
tax.
(iv) It is or consumption tax, therefore it may affect the Level of consumption in a country.
Self-Examination Questions
Question 1
List three types of VAT systems. Which system has been adopted in Tanzania and why?
Question 2
Briefly explain the methods of computing VAT which is being used by Tanzania VAT and explain the
advantages of the said method.
Question 3
Give four reasons as to why the Value Added Tax (VAT) has become a prominent feature in tax
systems of many LDCs.
Question 4
Discuss the reasons as to why the Value Added Tax (VAT) has become prominent feature in tax
systems of many Less Developed Countries (LCD’s).
Question 5
After more than twenty years’ experience in Value Added Tax administration in Tanzania, there is a
danger that many commercial enterprises now are familiar with the regular administrative
requirements of VAT will believe the hype that VAT is a simple tax. It is not!
Required:
systems of many LDCs.
Question 4
Discuss
350 Value Added Taxthe
Act reasons as to why the Value Added Tax (VAT) has become prominent feature in tax
systems of many Less Developed Countries (LCD’s).
Question 5
After more than twenty years’ experience in Value Added Tax administration in Tanzania, there is a
danger that many commercial enterprises now are familiar with the regular administrative
requirements of VAT will believe the hype that VAT is a simple tax. It is not!
Required:
Comment on the truth or otherwise of this statement.
Question 6
The Value Added Tax (VAT) is a mainstay of fiscal systems in over 130 countries around the world.
A variety of structures is used to tax the value of goods and services consumed by taxpayers in these
countries.
Required:
(a) Discuss methods used in computation of the Value Added Tax and assess their practical
applicability.
(b) Discuss reasons why the tax credit method is mostly preferred by many countries.
Answer to SEQ 1
(a) VAT systems are:-
(i) Consumption VAT
(ii) Production VAT (Gross Product VAT)
(iii) Income VAT
(b) Tanzania VAT system is a consumption type, taxing all taxable transactions whether involving
capital or revenue expenditures.
Answer to SEQ 2
(a) Thereto
Answer areSEQ
three
2 options for VAT computation:
(i) Addition method
(a) There are three options for VAT computation:
This method
(i) Addition takes the total of rewards to factor of production and applies tax rates on that figure. The
method
rewards might include
This method takes the wages, interest, to
total of rewards rents, and
factor of profits
production and applies tax rates on that figure. The
rewards might include wages, interest, rents, and profits
(ii) Subtraction method
Under this method
(ii) Subtraction methodthe tax base is found by deducting purchases from sales. Under this method the
tax base for a VAT is
Under this method thecalculated
tax base as Gross by
is found receipts less purchases
deducting purchases of goods
from (less
sales. capital
Under thisgoods if VAT
method the
is consumption VAT)
tax base for a VAT is calculated as Gross receipts less purchases of goods (less capital goods if VAT
is consumption VAT)
(iii) Credit method/The Invoice Method
Under method/The
(iii) Credit the tax creditInvoice
method, a taxpayer is allowed to deduct all deductable taxes paid (and payable)
Method
Under the tax credit method, a taxpayerinisthe
from all taxes collected (and collectible) respective
allowed reporting
to deduct period. taxes paid (and payable)
all deductable
from all taxes collected (and collectible) in the respective reporting period.
(b) Tanzania uses credit method of VAT computation.
Advantages
(b) Tanzania of this
uses method
credit method of VAT computation.
·Advantages
It works well with the consumption-type VAT.
of this method
·· It It attach
works well with thetoconsumption-type
tax liability each transaction ,VAT.
providing good audit trial
·· It It attach
allows tax
application of each
liability to multiple rates. , providing good audit trial
transaction
· It allows application of multiple rates.
Answer to SEQ 3
VAT is common
Answer to SEQ 3feature of most LDCs tax systems as it offers the following advantages.
(i) common
VAT is broad –based
It is afeature of mosttax.LDCsVAT covers
tax many
systems asgoods andthe
it offers services.
following advantages.
(ii)
(i) VAT promotes efficiency in production
It is a broad –based tax. VAT covers many goods and services.
(iii)
(ii) VAT
VAT has a neutral
promotes distributive
efficiency effects
in production
(iv)
(iii) VAT
VAT is simple
has in administration
a neutral e.g only two tax rates (0% and 18%)
distributive effects
(v)
(iv) VAT is simple in administration e.g onlyprices
VAT minimizes tax evasion, as selling arerates
two tax inclusive of VAT.
(0% and 18%)Therefore, the customer
(v) has no option to evade VAT.
VAT minimizes tax evasion, as selling prices are inclusive of VAT. Therefore, the customer
has no option to evade VAT.
Answer to SEQ 4
(iii) VAT has a neutral distributive effects
(iv) VAT is simple in administration e.g only two tax rates (0% and 18%)
(v) VAT minimizes tax evasion, as selling prices are inclusive of VAT. Therefore, the customer
has no option to evade VAT.
Introduction to VAT (Theory and Practice): 351
Answer to SEQ 4
Value Added Tax (VAT) has become prominent feature in the tax systems of many Less Developed
Countries (LDC’s), due to the following reasons: -
(iv) Enforceability
VAT is easy to enforce by the use of invoice method of accounting for the tax i.e. self policing
and the structure of VAT, which unlike other indirect consumption and turnover taxes such as
sales tax, it does not provide for ample scope for evasion and corruption. Avoidance and
evasion of tax, for example can easily be detected by cross checks of VAT invoices received by
the purchasers against those retained by the sellers. VAT collection costs are low since the tax
administered fully on a self-assessment basis and it normally exempts the typically hard to tax
small businesses.
Answer to SEQ 5
(a) The statement that VAT is a simple tax is true in the following three main aspects:
(i) The registration requirement is simple i.e. any trader or businessman with a gross
sales/turnover of TZS 100 million or above per annum is required to register.
(ii) One tax rate is applicable (standard rate of 18%) instead of numerous rates as in the
repealed sales tax system/regime.
(iii) The determination of the tax payable or refund is simple. The input tax on purchases is
deducted from the output tax on gross sales to determine the VAT payable.
(iv) There are no complicated capital deduction calculations, deductions etc.
On the other hand, the tax is complex (not simple) in the following aspects.
(i) Monthly filing requirements. In contrast to Income Taxation where filing is twice only in a
year by way of provisional return and final return (excluding amendments), VAT filing is
monthly.
(ii) Although only one standard rate is applicable exempted and zero rated supplies require
distinction or consideration which is a source of complexity.
sales/turnover of TZS 100 million or above per annum is required to register.
(ii) One tax rate is applicable (standard rate of 18%) instead of numerous rates as in the
repealed sales tax system/regime.
(iii) The determination of the tax payable or refund is simple. The input tax on purchases is
352 Value Added Tax Act
deducted from the output tax on gross sales to determine the VAT payable.
(iv) There are no complicated capital deduction calculations, deductions etc.
On the other hand, the tax is complex (not simple) in the following aspects.
(i) Monthly filing requirements. In contrast to Income Taxation where filing is twice only in a
year by way of provisional return and final return (excluding amendments), VAT filing is
monthly.
(ii) Although only one standard rate is applicable exempted and zero rated supplies require
distinction or consideration which is a source of complexity.
(iii) The apportionments of input VAT another source of complication.
(iv) The determination of the value of imports for VAT purposes is not so straightforward.
Therefore, it is true that VAT is simple in some aspects but it is quite complex in several other
administrative considerations.
Answer to SEQ 6
(d) VAT is computed by adopting three alternative methods. These are:
1. The addition method.
2. The subtraction method
3. The tax credit/or invoice method
(i) In addition method, value added could be determined by summation of all elements of
value added i.e. wages, profits, rent, and interest.
(ii) The subtraction method estimates value-added by taking the difference between the
value of output and input.
(iii) Under the credit method, the tax on input is deducted from the tax on sales to arrive at
the VAT payable by the dealer.
(e) (i) Makes crosschecking of tax paid at earlier stage more amenable as dealers are
required to state the amount of tax in invoices.
(ii) Tax burden being dependent upon tax rate at the final stage dealers at intermediate
stages do not have any incentive to seek treatment in tax rate.
(iii) Under invoice method, exports can easily be relieved of domestic indirect taxes through
zero-rating exports.
F2
SECTION F
This Study Guide describes persons liable to pay VAT, types of supplies, place and time of supply.
Also it explains the procedures for calculating net amount of VAT. Knowledge of computing VAT
liabilities and supplies liable for VAT is important in ensuring smooth compliance of the tax law.
Explain persons liable to pay Value Added Tax (Taxable persons); explain
classification/ type of supplies (Taxable, zero-rated and exempt supplies); and
distinguish between composite and multiple supplies.
Imposition
Value added tax is imposed and payable on taxable supplies and taxable imports. (Section 3)
2. Type Of Supplies
Supplies are grouped into taxable, exempt, and supplies outside the scope of value added taxes.
The proper application of value added tax system largely depends on classification of supplies
because taxing exempt supplies may impose value added taxes when it should not. Also
computations of input taxes deductible depends significantly on these classifications .
Moreover, determination of when a trader is required either to apply for registration or deregistration
depends on reaching a threshold of taxable supplies. The exemption and zero schedules may help in
understanding these classifications.
354 Value Added Tax Act
Generally, a ‘supply’ can be defined as something, goods or services available for another person
either for consideration or otherwise.
The term ‘’supply’’ has been defined under section 2 of the VAT Act, 2014 as any kind of supply
whatsoever.
Types of supply
For VAT purposes, there are 3 types of supply. These are:
(i) Taxable supplies
Standard rate - 18%
Zero rate - First Schedule
(ii) Exempt supplies
(iii) Outside the scope
Taxable supplies
Section 2 of the VAT Act, 2014, define “taxable supply” as
b. a supply, other than an exempt supply, that is made in Mainland Tanzania by a taxable
person in the course or furtherance of an economic activity carried out by that person; or
c. a supply of imported services to a taxable person who is the purchaser and acquires the
services in the course of an economic activity if had the supply been made in Mainland
Tanzania by a taxable person in the course of furtherance of an economic activity-
(i) it would have been taxable at a rate other than zero; and
(ii) the purchaser would not have been entitled to a credit for ninety percent or more of
the value added tax that would have been imposed on the supply;
7. A supply of services directly related to land outside the United Republic including a supply
of services physically performed on goods situated outside the United Republic at the time
the services are performed.-section 60
8. A supply of services made in the course of repairing, maintaining, cleaning, renovating,
modifying, treating, or otherwise physically affecting temporary imported goods.(i.e goods
imported for re-export)-section 61
9. A supply of services consisting of filing, prosecuting, granting, maintaining, transferring,
assigning, licensing, or enforcing intellectual property rights for use outside the United
Republic.-section 62
10. A supply of telecommunication services by a telecommunications service provider to a
non-resident telecommunications service provider. –section 63
Exempt supplies
Section 2 of the VAT Act,2014 define an exempt supply as supply or import that is specified as
exempt under the Act or a supply of a right or option to receive a supply that will be exempt;
The consequence of exemption is that:
VAT is not charged on exempt supplies
VAT incurred on purchases used in the making of exempt supplies cannot be reclaimed
Accordingly if a business only has exempt supplies, it cannot register for VAT and cannot reclaim
VAT incurred on inputs.
If a business has both taxable supplies and exempt supplies, then special rules apply in respect
of the input tax which may be deducted.
8 Mattocks 8201.30.00
9 Picks 8201.30.00
10 Hoes, 8201.30.00
11 Forks 8201.90.00
12 Rakes 8201.30.00
13 Axes 8201.40.00
14 Tractor trailers 8716.10.10
2. Agricultural inputs
No. Item HS code
1 Fertilizers Chapter 31
2 Pesticides 3808.99.10 or 3808.99.90
3 Insecticides 3808.91.11 to 3808.91.99
4 Fungicides 3808.92.10 or 3808.99.90
5 Rodenticides 3808.92.10 or 3808.99.90
6 Herbicides 3808.93.10 to 3808.92.90
7 Ant sprouting products 3808.93.10 or 3808.93.90
8 Plant growth regulators 3808.93.10 or 3808.93.90
3. Livestock, basic agricultural products and foods for human consumption
4. Fisheries Implements
1 Floats for fishing nets 7020.00.10
2 Fishing nets 5608.11.00
Fishing vessels, factory ships and other vessels for
3 processing or preserving fishery products 8902.00.00
4 Nylon fishing twine
5 Outboard engine 8407.21.00
5. Bee-keeping implements
Any
1 Bee hive Description
2 Protective bee keeping jacket veil 6113.40.00
3 Mask 6307.9
358 Value Added Tax Act
4 Honey strainer
5 Bee hive smoker 8424.89
6. Diary equipment
1 Hay making machine 8433.30.00
2 Cans and ends for beverages 7310.29.20
3 Milking machines 8434.10.00
4 Homogenizer, Butter churn, milk 8434.20.00
pasteurizer
5 Cream separator 8421.11.00
6 Milk plate heat exchanger 8419.50.00
3917.31.00,4009.12.00,4009.32.0
7 Milk hose 0
8413.60.00,8413.70.00,8413.81.0
8 Milk pump 0
8419.89.00,7309.00.00,7310.00.0
9 Heat insulated cooling tanks 0
1
0 Milk storage tanks
9. Education materials
1 Dictionary and encyclopedia 4901.91.00
2 Printed books 4901.10.00
3 Newspapers 4902.90.00
4 Children pictures drawing or colouring 4903.00.00
5 Maps and hydrographic charts 4905.99.00
6 Examination question papers 4911.99.20
7 Instructional charts and diagrams 4911.90.10
Examination answer sheet 4911.99.90
8
27.14
2713.20.00
and
7 Bitumen 2715.00.00
16. Supply of water, except bottled or canned water or similarly presented water.
17. The transportation of person by any means of conveyance other than taxi cabs, rental cars or boat
charters.
18. Supplies of arms and ammunitions, parts and accessories thereof, to the armed forces.
19. Funeral services, for the purpose of this item funeral services includes:-coffin, shroud, transportation,
mortuary and disposal services of human remains
20. Gaming supply.
21. Supply of solar panels, modules, solar charger controllers, solar inverter, solar lights, vacuum tube
solar collectors and solar battery.
22. Supply of air charter services.
VAT Registration and Deregistration and Liability and VAT: 361
1313 AnAn
import
import
of of
firefire
fighting
fighting
vehicles
vehicles
byby
thethe
Government.
Government.
1414 AnAnimport
import
of of
laboratory
laboratory
equipment
equipmentandandreagents
reagents
bybyeducation
education
institution
institution
registered
registered
byby
thetheMinistry
Ministry
Responsible
Responsibleforfor
education
education
to to
bebe
used
usedsolely
solely
forfor
educational
educational purpose.
purpose.
1515 AnAnimport
importof of
CNG CNG plants
plants
equipment
equipment natural
natural
gas
gaspipes,
pipes, transportation
transportation and and
distribution
distributionpipes,
pipes,CNG CNGstorage
storagecascades,
cascades,CNG CNGspecial
specialtransportation
transportation
vehicles,
vehicles,natural
naturalgasgasmetering
meteringequipment,
equipment,CNGCNGrefueling
refuelingof offilling,
filling,gasgas
receiving
receivingunits,
units,
flare
flare
gasgassystem,
system,condensate
condensate tanks
tanks and andleading
leading facility,
facility,
1616 Motor
Motorvehicle
vehiclespecifically
specifically
designed
designedforfor
useuse
byby
persons
persons withwith
disability
disability
system
systempiping
pipingand andpipe
piperack,
rack,condensate
condensatestabilizer
stabilizerbybya anaturalnaturalgas gas
distributor.
distributor.
1717 AnAnimport
importof ofmachinery
machineryof ofHSHSCodes Codes8479.20.00,
8479.20.00, 8438.60.00,
8438.60.00,
8421.29.00,
8421.29.00,
8419.89.00
8419.89.00 byby a local
a local manufacturer
manufacturer of of vegetable
vegetable oilsoils
forfor exclusive
exclusive useusein in
manufacturing
manufacturing vegetable
vegetable oil oil
in in Mainland
Mainland Tanzania.
Tanzania.
1818 AnAn import
import of of machinery
machinery of of HSHS Code
Code 8444.00.00,
8444.00.00,8445.11.00,
8445.11.00,
8445.12.00,
8445.12.00,
8445.13.00,
8445.13.00, 8445.19.00,
8445.19.00, 8445.20.00,
8445.20.00,8445.30.00,
8445.30.00,
8445.40.00,
8445.40.00, 8445.90.00,
8445.90.00,
8446.10.00, 8446.21.00,
8446.10.00, 8446.21.00, 8446.29.00,
8446.29.00, 8446.30.00,
8446.30.00,
84.47,8448.11.00,
84.47,8448.11.00,
8448.19.00,
8448.19.00, 8449.00.00,
8449.00.00, 8451.40.00or or8451.50.00
8451.40.00 8451.50.00bybya alocal local
1919 manufacturer
manufacturer
AnAnimport of of
textiles
textiles
importof ofmachinery forfor
exclusive
exclusive
machineryof ofChapter useuse
in in
manufacturing
manufacturing
Chapter8484bybya alocal of of
textiles
textiles
localmanufacturer
manufacturerof in of
in
Mainland
MainlandTanzania.
Tanzania.
pharmaceutical
pharmaceutical forforexclusive
exclusiveuse usein inmanufacturing
manufacturingpharmaceutical
pharmaceutical
products
products in in Mainland
Mainland Tanzania.
Tanzania.
2121 Import
Import of of ambulance
ambulance of of HSHS Code Code8703.90.10
8703.90.10 bybya registered
a registered
health
health
facility
facility
other
other
than
than
a pharmacy,
a pharmacy,
health
health
laboratory
laboratory
or or
diagnostic
diagnostic
centre.
centre.
2222 AnAn
import
import
of of
firefire
fighting
fighting
vehicles
vehicles
byby
thethe
Government.
Government.
Supplies
Suppliesoutside
outsidethethescope
scope of of
VAT VAT
AA supply is is
supply outout
of of
VATVATsystem
system if itif results from
it results fromanan activity which
activity which is is
notnot
anan
economic
economic activity. ForFor
activity.
instance, salaries,
instance, other
salaries, government
other government taxes, appropriation
taxes, appropriation of of
cash from
cash frombusinesses
businessesandandother supplies
other supplies
made
madebyby
non-VAT
non-VAT registered traders.
registered traders. There is no
There listlist
is no of of
supplies
supplieswhich
whichareare
outside thethe
outside scope of of
scope VAT.
VAT.
The following are examples of goods or services that are outside the scope of VAT. No VAT shall be
charged or paid with respect of its supply:
i] Goods supplied by a trader not registered for VAT and is not required to do so.
ii] Goods or services bought or sold outside the United Republic of Tanzania
iii] Goods or services supplied in the course of something other than business
iv] Goods or services supplied for your own personal use - such as a hobby
v] donations to charity freely given by a business where the giver does not receive anything in
return
vi] low cost welfare services provided by charities
The following are examples of goods or services that are outside the scope of VAT. No VAT shall be
charged or paid with respect of its supply:
i] Goods supplied by a trader not registered for VAT and is not required to do so.
ii] VATUnited
Goods or services bought or sold outside the Registration andofDeregistration
Republic Tanzania and Liability and VAT: 363
iii] Goods or services supplied in the course of something other than business
iv] Goods or services supplied for your own personal use - such as a hobby
v] donations to charity freely given by a business where the giver does not receive anything in
return
vi] low cost welfare services provided by charities
vii] dividends
viii] wages
The list is not exhaustive.
Multiple supply
Multiple supply is defined as being two or more supplies made in conjunction with each other to a
customer for a total consideration covering all those where each of those supplies are physically and
economically dissociable from each other.
For example a car dealer may sell new or used cars with one year’s free servicing.
A computerised accountancy package is sold with one year's after sales support
In this arrangement each of this supplies made in conjunction with others is treated as an individual
supply and taxable /exempt in its own right.
If none of the forms of supply is exempt and all are subject to VAT at the same rate, then it is not as
critical to separate the elements of a supply.
Section 14 the VAT Act provides that where a supply consists of more than one element, the following
criteria shall be taken into account when determining how this Act applies to the supply-
(a) every supply shall normally be regarded as distinct and independent;
(b) a supply that constitutes a single supply from an economic, commercial, or technical point of
view, shall not be artificially split;
(c) the essential features of the transaction shall be ascertained in order to determine whether the
customer is being supplied with several distinct principal supplies or with a single supply;
(a) there is a single supply, if one or more elements constitute the principal supply, in which case the
other elements are ancillary or incidental supplies, which are treated as part of the principal
supply; or
(b) a supply shall be regarded as ancillary or incidental to a principal supply if it does not constitute
for customers an aim in itself but is merely a means of better enjoying the principal thing
supplied.
364 Value Added Tax Act
Explain place of supply/Taxation for goods and services; describe when Value
Added Explain place of
Tax becomes supply/Taxation
payable for goods
(Time of supply); and services;
explain describe
the concept of when Value
Added Tax
consideration and becomes
value for payable (Time
supply and of supply);
describe explain thefor
the procedures concept of
calculation
consideration and value for supply and describe
and payment of net amount (VAT payable or refundable) the procedures for calculation
and payment of net amount (VAT payable or refundable)
[Learning outcome d, e, f and g]
[Learning outcome d, e, f and g]
g) Telecommunication services
A supply of telecommunication services shall be treated as a supply made in Mainland
Tanzania, if a person in Mainland Tanzania, other than a telecommunications service
A supply of services by a non resident who is a registered person to a customer who is a registered
person shall be treated as a supply made in Mainland Tanzania. However, this shall not apply if the
customer is a non-resident who carries on an economic activity at or through a fixed place outside
Mainland Tanzania and the supply is made
(a) for the purpose of that economicVAT Registration
activity; or and Deregistration and Liability and VAT: 365
(b) to that fixed place.
g) Telecommunication services
A supply of telecommunication services shall be treated as a supply made in Mainland
Tanzania, if a person in Mainland Tanzania, other than a telecommunications service
provider, initiates the supply from a telecommunications service provider, whether or not the
person initiates the supply on his own behalf. A person who initiates a supply of
telecommunication services is the person who-
(a) controls the commencement of the supply;
(b) pays for the supply; or
(c) contracts for the supply.
If it is impractical for the supplier to determine the location of a person due to the type of
service or the class of customer, the person who initiates the supply of telecommunication
service shall be the person to whom the invoice for the supply is sent.
However, the requirement will not apply if the person who initiates the call in Mainland
Tanzania is a non-resident who is global roaming while in Mainland Tanzania and who pays
for the supply under a contract made with a non-resident telecommunications service
provider, through a place outside the United Republic at which the non-resident is established.
Definition
“electronic services” means any of the following services provided or delivered through a
telecommunications network-
i] websites, web-hosting, or remote maintenance of programmes and equipment;
ii] software and the updating thereof;
iii] images, text, and information;
iv] access to databases;
v] self-education packages;
vi] music, films, and games, including gaming activities; and
vii] political, cultural, artistic, sporting, scientific, and other broadcasts and events including
broadcast television.
5. The Time When Value Added Tax Becomes Payable (Time Of Supply)
treated as a supply made in-
(a) Mainland Tanzania in accordance with sections 51; and
(b) the supplier is-
1. a resident of Mainland Tanzania; or
366 Value Added Tax Act
2. a non-resident and carries on an economic activity at or through a fixed place in Mainland
Tanzania.
j) Progressive or periodic supplies
Where a progressive or periodic supply is a series of separate supplies, the place where each
supply takes place shall be determined separately.
5. The Time When Value Added Tax Becomes Payable (Time Of Supply)
The tax point is the time when a supply is deemed to have taken place for VAT purposes.
The tax point is important in respect of supplies for VAT purposes because:
The tax point is used for determining the tax period in which VAT relating to the supply should be
accounted for and;
The tax point is used to decide which scheme or VAT rate will apply to a supply when there is a
change in the VAT scheme of VAT rate.
Section 2 of the VAT Act, 2014 provides the rules for determining time of supply as follows
Time of supply
in relation to a supply of goods, the time at which the goods are delivered or made
available;
in relation to a supply of services, the time at which the services are rendered, provided, or
performed;
in relation to a supply of immovable property, the earlier time at which the property is-
created, transferred, assigned, granted, or otherwise supplied to the customer; or delivered or
made available
However, the consideration for a supply shall not include a price discount or rebate allowed and
accounted for at the time of the supply.
Example
Joshua Co. Ltd imported goods worth Tshs20,000,000 from London, after paying freight of Tshs2,000,
000; insurance for Tshs1,000,000 and Tshs200,000 for clearance at a UK port. Determine the taxable
value for VAT purpose given the import duty as 25%, excise duty of 20%, Railway and Development
Levy of 1.5% and VAT rate of 18%.The taxable value of imported goods is the value of the goods after
including other expenses and taxes except VAT according to customs valuation model. Therefore the
taxable value of imported goods is computed as follows:
payable on the import of the goods.
Example
Joshua Co. Ltd imported goods worth Tshs20,000,000 from London, after paying freight of Tshs2,000,
VAT Registration and Deregistration and Liability and VAT: 367
000; insurance for Tshs1,000,000 and Tshs200,000 for clearance at a UK port. Determine the taxable
value for VAT purpose given the import duty as 25%, excise duty of 20%, Railway and Development
Levy of 1.5% and VAT rate of 18%.The taxable value of imported goods is the value of the goods after
including other expenses and taxes except VAT according to customs valuation model. Therefore the
taxable value of imported goods is computed as follows:
Costs 20,000
Freight 2,000
Insurance 1,000
Clearance 200
Total before import duties 23,200
Import duties 25% 5,800
Valued before excise duty 29,000
Excise duty 20% 5,800
Railway and development Levy 348
at 5% of CIF)
Taxable value 34,800
The Output VAT is the VAT charged on taxable supplies (sales). There is no possibility for Output VAT to
The Output VAT is the VAT charged on taxable supplies (sales). There is no possibility for Output VAT to
be related to exempt supplies.
be related to exempt supplies.
The Deductible Input VAT involves VAT incurred on both purchases and importation of goods or services
The Deductible Input VAT involves VAT incurred on both purchases and importation of goods or services
as well as on business expenses and capital goods. However, the business purchases and expenses
as well as on business expenses and capital goods. However, the business purchases and expenses
whose associated Input VAT is allowable for deduction must be related to taxable supplies. Therefore,
whose associated Input VAT is allowable for deduction must be related to taxable supplies. Therefore,
not all Input VAT incurred is allowable for deduction.
not all Input VAT incurred is allowable for deduction.
Self-Examination Questions
Self-Examination Questions
Question 1
Question 1 to pay Value Added Tax as provided under Section 4 of Tanzania Mainland VAT Act, 2014
Who is liable
Who is liable to pay Value Added Tax as provided under Section 4 of Tanzania Mainland VAT Act, 2014
Question 2
Question 2 of value added tax explain the following:
In the context
In the
1. context
Taxableofsupplies
value added tax explain the following:
1. Exempt
2. Taxable supplies
supplies
2. Standard
3. Exempt supplies
rated supplies
3.
4. Standard
Zero ratedrated supplies
supplies
4. Zero rated supplies
Question 3
Explain how making exempt supplies differs from making zero rated supplies for the purpose of VAT.
Question 4
a) Define the time of supply and explain the importance of the time of supply for the purpose of
Value Added Tax.
Explain how making exempt supplies differs from making zero rated supplies for the purpose of VAT.
Question 3
Question
Explain how 3
4 making exempt supplies differs from making zero rated supplies for the purpose of VAT.
a) Define
Question
Explain how the time
3 making of supply
exempt and explain
supplies the importance
differs from making zero of rated
the time of supply
supplies for purpose
for the the purpose of
of VAT.
368 Value Added ValueTaxAdded
Act Tax.
Question
Explain how 4 making exempt supplies differs from making zero rated supplies for the purpose of VAT.
b) Explain how time of supply is determined
a) Define
Question 4 the time of supply and explain the importance of the time of supply for the purpose of
Question 4 Added
a) Value
Define the timeTax.of supply and explain the importance of the time of supply for the purpose of
b) Value
ExplainAdded
how time
Tax. of supply is determined
a) Define
Question 5 the time of supply and explain the importance of the time of supply for the purpose of
b) Value
ExplainAdded
how time
Tax. of supply is determined
Why is it necessary for a VAT Act to provide clarification on the place of supply?
b) Explain how time of supply is determined
Question 5
Why is it necessary
Question 5 for a VAT Act to provide clarification on the place of supply?
Answers to Self-Examination
Why is it necessary
Question 5 for a VAT Questions
Act to provide clarification on the place of supply?
Why is it necessary for a VAT Act to provide clarification on the place of supply?
AnswersAnswer to SEQ 1
to Self-Examination Questions
The following persons shallQuestions
Answers to Self-Examination be liable to pay value added tax-
in thetocase
Answer SEQof1a taxableQuestions
import, the importer;
Answers to Self-Examination
The in thetocase
following
Answer SEQ of1a taxable
persons supply
shall be liablethat is made
to pay valueinadded
Mainland
tax-Tanzania, the supplier; and
The in thetocase
following
Answer SEQ of1a taxable
persons supply
import,
shall be liableof
theimported
to importer;
pay value services,
added the
tax-purchaser
The in the casepersons
following of a taxable supply
import,
shall be liablethat
the is made
valueinadded
to importer;
pay Mainland
tax-Tanzania, the supplier; and
in the case of a taxable supply import, of theimported
that is madeservices,
importer; in Mainlandthe Tanzania,
purchaser the supplier; and
Answer to SEQ 2
in the case of a taxable supply of thatimported
is madeservices,
in Mainlandthe Tanzania,
purchaser the supplier; and
Taxable supplies
in the
These are case of a ontaxable
whichsupply
Valueof imported
Tax services, the purchaser
Answer tosupplies
SEQ 2 Added (VAT) is charged, and they consist of standard-rated
supplies and Zero-rated supplies.
Taxable to
Answer supplies
SEQ 2
Standard-rated supplies are those on which VAT is charged at the rate of 18% on the VAT exclusive
These
Taxable
Answer are supplies
supplies
to SEQ 2 onfraction
which Value Added Tax (VAT) is charged, and they consist of standard-rated
amount and the VAT of 18/118 is used if the amount is inclusive of VAT.
supplies
These areand Zero-rated
supplies supplies. Added Tax (VAT) is charged, and they consist of standard-rated
Taxable
Zero-rated supplies arewhich
supplies on thoseValue
on which VAT is charged at the rate of 0%.
Standard-rated
supplies and supplies supplies.
Zero-rated are those on which VAT is charged at the rate of 18% on the VAT exclusive
These
Exempt are supplies
supplies on which Value Added Tax (VAT) is charged, and they consist of standard-rated
amount and thesupplies
Standard-rated VAT fraction of 18/118
are those on whichis used if the amountat is the
inclusive of18%
VAT.
supplies
These areand Zero-rated
supplies of goodssupplies.
and services onVAT
whichis charged
no VAT is rate of
charged, and no on theVAT
input VATattributed
exclusiveto
Zero-rated
amount and supplies
the VAT are those
fraction on
of which
18/118 VAT
is is
used charged
if the at
amount the israte of 0%.
inclusive of VAT.
Standard-rated
them is available supplies
for credit.areThese
those supplies
on whichare VAT notis taken
charged
intoataccount
the rateinofdetermining
18% on thewhether
VAT exclusive
or not a
Exempt
Zero-rated supplies
supplies are thoseof on18/118
which is VAT is charged at theisrate of 0%.of VAT.
amount
trader isand the VAT
a taxable fraction
person. used if the amount inclusive
These
Exempt are supplies of goods and services on which no VAT is charged, and no input VAT attributed to
supplies
Zero-rated supplies are those on which VAT is charged at the rate of 0%.
them
These is available
are suppliesforofcredit.
goodsThese supplieson
and services arewhich
not taken
no VATintoisaccount
charged, inand
determining
no input whether or not a
VAT attributed to
Exempt supplies
traderisisavailable
them a taxablefor person.
credit. These supplies are not taken into account in determining whether or not a
These are supplies of goods and services on which no VAT is charged, and no input VAT attributed to
trader
them isisavailable
Answer atotaxable
SEQ 3forperson.
credit. These supplies are not taken into account in determining whether or not a
trader
The main is adifference
taxable person.
between making exempt supplies and zero rated supplies are as follows:
Answer to SEQ 3
1. A trader who only makes exempt supplies cannot register for VAT while a trader who makes only
The maintodifference
Answer SEQ 3 between making exempt supplies and zero rated supplies are as follows:
zero rated supplies can register for Value Added Tax.
The main
Answer todifference
SEQ 3 between
2. When determining whether making
a traderexempt
shouldsupplies
registerand zero by
for VAT rated suppliestoare
reference theas follows:
level of turnover, the
1. A trader who only makes exempt supplies cannot register for VAT while a trader who makes only
The turnover
main difference
of exempt between
supplies making
is notexempt supplies
taken into andwhile
account zerothat
rated
of supplies
zero rated aresupplies
as follows:is taken into
zero
1. account.rated
A trader supplies
who can register
only makes exemptfor Value Added
supplies cannotTax.
register for VAT while a trader who makes only
2. When
zero determining
rated supplies whether
can a traderValue
register should register for VAT by reference to the level of turnover, the
1. All
3. A trader
the who
input only
vat makes
that exemptfor
is attributed exemptAdded
tosupplies cannot Tax.
register
supplies cannotforbeVAT while a while
recovered traderallwho
themakes only
input vat that is
2. turnover
When of exempt
determining supplies is not taken into accountforwhile
VATthat of zero rated supplies
level ofisturnover,
taken into
zero torated
attributable
Answer SEQ to4 zero whether
supplies can register
rated a trader
supplies should
forisValue register
Added
recoverable. Tax. by reference to the the
account.
turnover of exempt whether
suppliesaistrader
not taken intoregister
account while that of zero rated supplies isturnover,
taken into
2.
(a) When
Thethe determining
time of supply should for VAT by reference to the level of the
Answer
3. All toinput
account. SEQ 4 thatisisa attributed
vat tax point when a supply
to exempt is said
supplies to made.
cannot For VAT while
be recovered purposes theinput
all the timevat
of supply
that is
turnover
is importantof exempt
because: supplies is not taken into account while that of zero rated supplies is taken into
3. attributable
(a) All
The time
the of to
input vatzero
supply rated
thatis taxsupplies
isa attributed toisexempt
point when recoverable.
a supply is said
supplies to made.
cannot For VAT while
be recovered purposes theinput
all the timevat
of supply
that is
account.
(i) It is used for supplies
the purpose of determining the tax period in which VAT on a supply is to be
is important
attributable because:
to zero
3. All the input accounted rated
vat that is attributed is recoverable.
to exempt supplies cannot be recovered while all the input vat that is
(i) It is used forfor,
the purpose of determining the tax period in which VAT on a supply is to be
attributable
(ii) to zero rated
In the casefor, supplies
of a change is recoverable.
in the VAT rate or scheme the tax point will be used to
accounted
(ii) determine
In the casewhich VAT rate
of a change in or
thescheme
VAT rateapplies to a particular
or scheme supply.
the tax point will be used to
(b) Time of supply determine which VAT rate or scheme applies to a particular supply.
(b) Time(i)of supply in relation to a supply of goods, the time at which the goods are delivered or made
(i) available;
in relation to a supply of goods, the time at which the goods are delivered or made
(ii) in relation to a supply of services, the time at which the services are rendered, provided,
available;
(ii) or performed;
in relation to a supply of services, the time at which the services are rendered, provided,
(iii) in relation to a supply of immovable property, the earlier time at which the property is-
or performed;
(iii) created,
in relationtransferred,
to a supply assigned,
of immovable granted, or otherwise
property, the earliersupplied to thethecustomer;
time at which or
property is-
delivered or made available
created, transferred, assigned, granted, or otherwise supplied to the customer; or
delivered or made available
Answer to SEQ 5
The place
Answer to of
SEQsupply
5 is the place where a supply is made and where VAT may be charged and paid.
When goods or services
The place of supply is the areplace
supplied, then
where a for VATispurposes,
supply made andit iswhere
essential
VATtomay
know
bethe 'place of
charged andsupply'.
paid.
This
Whendetermines whether are
goods or services the supplied,
supply is then
subject
for to VAT
VAT chargingitrules
purposes, in Mainland
is essential Tanzania
to know or it of
the 'place is supply'.
outside
the
Thisscope of VATwhether
determines in Mainland Tanzania.
the supply Therefore,
is subject to VATgoods or services
charging are VAT Tanzania
rules in Mainland chargeableor in Mainland
it is outside
Tanzania if the place of supply is Mainland Tanzania.
the scope of VAT in Mainland Tanzania. Therefore, goods or services are VAT chargeable in Mainland
Tanzania if the place of supply is Mainland Tanzania.
F3
SECTION F
The tax authority needs to know who is going to pay the tax and whom it can pursue in the event of
non-payment. Basing on that, the authority is assured of tax payments by obliging traders to register
for the tax. This guide discusses registration and deregistration procedures.
Explain the purposes and types of VAT Registration; and describe registrations for
branchesExplain
and divisions.
the purposes and types of VAT Registration; and describe registrations for
branches and divisions.
[Learning outcome a and b]
[Learning outcome a and b]
Regulation 13(2) further provides that, the Commissioner General shall register
applicant as an intending trader upon satisfaction that the documentary evidence
indicates that the applicant will make taxable supplies and the registration threshold will
be attained within a period of twelve months from the date of commencement of
producing taxable supplies.
(a) the name of the registered person, business name, or trading name of the person;
(b) the address or other contact details of that person;
(c) one or more places through which the person carries on an economic activity in Mainland
Tanzania;
(d) the nature of one or more of the economic activities carried on by the person;
(e) the person’s status as a registered person; and
(f) any other changes as prescribed in the regulations.
Question 2
Explain what is meant by pre-registration input VAT and describe the circumstances under which a
Question 2 recover pre-registration input VAT.
business may
Question 3
List any Six (6) contents which must appear on the tax invoice.
Question 4
Nchimunya started running a retail business making standard rated taxable supplies on 1 June 2017.
She made sales of Tshs 6,000,000 in the month of June. Her sales increased by Tshs 21,000,000 each
month from July 2017 to November 2017. From December 2017, she expects sales to be Tshs
17,000,000 per month. Her standard rated expenses were Tshs 35,000,000 per month and are expected
to remain at this level in future. Nchimunya is not sure whether she is required to register her business for
Value Added Tax.
Required
(i) Explain the Value Added Tax registration requirements to Nchimunya.
(ii) State, giving reasons, when Nchimunya will be required to register for VAT.
(iii) Explain three (3) obligations Nchimunya will have once she registers her business for VAT.
Question 5
Describe three (3) circumstances which may result in a business being de-registered for VAT
Question 6
Briefly discuss different types of Value Added Tax (VAT) registrations and minimum criteria/threshold for
each type as given in the Value Added Tax Act, 2014.
Question 7
(a) Explain how the accrual basis of VAT tax accounting may adversely affect a taxpayer’s cash flow
position. Suggest one way for ameliorating the cash flow problem.
(b) It has sometimes been suggested that the current TZS 100 million turnover thresholds for VAT
registration and the 18% VAT single rate should be reduced to TZS 50 million and 15% respectively.
What is the basis or justification for the above suggestion?
(c) The VAT single rate policy or structure has been in operation for more than five years. It is now
probably appropriate to review this policy in favour of a VAT multiple rates policy or structure. The
change would allow the provision of preferential rates for essential business inputs such as the
utilities (water, electricity and telephone) for the mega consumers of such utilities (mining and
industry) to increase their production and tax revenue. Comment.
Answers to Self-Examination Questions
Answer to SEQ 1
(i) Normal registration
A trader is required by law to register for VAT if the turnover of his/her taxable supplies,
excluding VAT, for the twelve months or six months exceeds registration threshold.
The current registration threshold is Tshs 100,000,000 per twelve months or Tshs 50,000,000
per six months. Registration should be made within 30 days from the date when the registration
threshold is exceeded.
(ii) Compulsory registration
When a person fails to apply for the VAT registration within 30 days, the Commissioner General,
Answers to Self-Examination Questions
Answer to SEQ 1
(i) Normal registration
VAT Registration and Regisratation: 375
A trader is required by law to register for VAT if the turnover of his/her taxable supplies,
excluding VAT, for the twelve months or six months exceeds registration threshold.
The current registration threshold is Tshs 100,000,000 per twelve months or Tshs 50,000,000
per six months. Registration should be made within 30 days from the date when the registration
threshold is exceeded.
(ii) Compulsory registration
When a person fails to apply for the VAT registration within 30 days, the Commissioner General,
compulsory register the person and not later than 14 days after
Intending traders registration
Intending traders are suppliers who are registered for VAT before they commence trading
Intending traders
activities. Such are suppliers
registration who for
is normally aretheregistered for VAT
sole purpose beforeinput
of claiming theytax.
commence trading
activities. Such registration is normally for the sole purpose of claiming input tax.
Answer to SEQ 2
Answer to SEQ 2
This is the VAT that is incurred on supplies acquired prior to the time of obtaining registration for VAT
This is thefor
Conditions VAT that is incurred
recovery on supplies
of pre-registration of acquired
input VATprior to the time of obtaining registration for VAT
Conditions for recovery of pre-registration
For pre-registration tax to be recoverable: of input VAT
For pre-registration tax to be recoverable:
The goods should have been acquired within a period of up to six months prior to the effective
Thedate goods should have
of registration been
may be acquired within a period of up to six months prior to the effective
allowed,
date of registration may be allowed,
The goods are in stock on the effective date of registration.
In other The
goods
words, are
input taxinincurred
stock onprior
the effective date ofcannot
to registration registration.
be recovered with regard to goods that have
In other words, input tax incurred prior to registration cannot
already been supplied out or consumed regardless of the six-month be recovered
period.with regard to goods that have
already been supplied out or consumed regardless of the six-month period.
Answer to SEQ 3
Answer
Details on tothe SEQ
tax3invoice:
Details on the tax invoice:
i] the date on which it is issued;
ii]i] the date
the name, onTaxpayer
which it isIdentification
issued; Number and Value Added Tax Registration Number of the
ii] the name,
supplier; Taxpayer Identification Number and Value Added Tax Registration Number of the
iii] supplier;
the description, quantity, and other relevant specifications of the things supplied;
iii]
iv] the description,
the quantity,
total consideration and other
payable for relevant
the supply specifications
and the amountof theofthings
valuesupplied;
added tax included in
iv] the total consideration
that consideration; payable for the supply and the amount of value added tax included in
v] ifthat
theconsideration;
value of the supply exceeds the minimum amount prescribed in the regulations, the
v] ifname,
the value of the
address, supply Identification
Taxpayer exceeds the Number
minimumand amount
value prescribed
added tax in the regulations,
registration numberthe of
name, address,
the customer Taxpayer Identification Number and value added tax registration number of
the customer
Answer to SEQ 4
Answer to SEQ 4
(i) VAT registration is required when a business makes taxable supplies in the following circumstances:
(i) VAT VAT registration
registration isisrequired
requiredwhen oncea the
business makes taxable
VAT exclusive taxablesupplies
suppliesin the
of following
a business circumstances:
exceed Tshs
VAT registration
100,000,000 is required
for any period ofoncetwelvethemonths,
VAT exclusive taxable supplies
or Tshs 50,000,000 for anyofperiod
a business exceed Once
of six months. Tshs
100,000,000 for any period of twelve months, or Tshs 50,000,000 for any period
this happens, a business has an obligation to inform TRA within 30 days of the end of the month in of six months. Once
this happens,
which a business
the registration limithas
is an obligationRegistration
exceeded. to inform TRAwill within
become 30 effective
days of theon end of the
the first daymonth in
of the
which themonth.
following registration limit iswhich
A business exceeded.
expectsRegistration
the turnoverwillofbecome effective on
taxable supplies, the firstVAT,
excluding day for
of the
the
following month. A business which expects the turnover of taxable supplies,
following twelve months to exceed Tshs 100,000,000 or for the following six months to exceed Tshs excluding VAT, for the
following twelve months to exceed Tshs 100,000,000 or for the following six
50,000,000 must register for VAT immediately under this same rule. In such cases, notification ismonths to exceed Tshs
50,000,000
required must
by the endregister
of that for VATperiod
30 day immediately under this
with registration same
being rule. Infrom
effective suchthecases,
start ofnotification
that period.is
required by the end of that 30 day period with registration being effective from the start of that period.
(ii) The sales will exceed the annual VAT registration limit of Tshs 100,000,000 in September 2017,
(ii) when
The sales will exceedsales
the cumulative the annual VAT2017
from June registration
will be limit
Tshsof150,000,000.
Tshs 100,000,000 in therefore
She will Septemberhave 2017,
to
when the cumulative sales from June 2017 will be Tshs 150,000,000. She will therefore
inform TRA by the end of October 2017 and her VAT registration will be effective as of 1 November have to
inform TRA by the end of October 2017 and her VAT registration will be effective as
2017, or from an earlier agreed date. Alternatively, the half year registration threshold of Tshs of 1 November
2017, or from
50,000,000 will an earlier agreed
be exceeded date. 2017,
in August Alternatively, the halfsales
when cumulative year will
registration threshold
be 81,000,000. of Tshs
In this case
50,000,000 will be exceeded in August 2017, when cumulative
the TRA will have to be informed by the end of September 2017. sales will be 81,000,000. In this case
the TRA will have to be informed by the end of September 2017.
(iii) Nchimunya will have the following obligations in relation to VAT once registered:
(iii) Nchimunya will have the following obligations in relation to VAT once registered:
She will be required to issue fiscalised tax invoices/EFD receipts in respect of the supplies she
She will be required to issue fiscalised tax invoices/EFD receipts in respect of the supplies she
makes.
makes.
She will be required to complete and submit VAT returns, and pay VAT on the due dates.
She will be required to complete and submit VAT returns, and pay VAT on the due dates.
376 Value Added Tax Act
Nchimunya must maintain VAT records for a minimum period of at least five years and allow VAT
inspectors access to the VAT records at any time.
Nchimunya will have informed the Tanzania Revenue Authority of any change in the legal
circumstances of her business that will warrant a cancellation of the VAT registration.
Answer to SEQ 5
Circumstances for deregistration
(i) If the taxable person ceases to make taxable supplies. .
(ii) If the taxable turnover falls below the registration threshold.
(iii) If the taxable person ceases to carry on an economic activity and will no longer carry on a business
Answer to SEQ 6
;ŝͿ Normal registration
Occurs when a taxpayer register for VAT when his taxable turnover exceeds registration
threshold of TZS.100,000,000 for consecutive 12 months or TZS.50,000,000 for
consecutive 6 months. Or when a person required to be registered for VAT apply for
registrations as service professional providers and government entity.
Answer to SEQ 7
(a) VAT is computed and accounted for on accrual basis of accounting of sales and purchases
whether the sales or purchases are made in cash or on credit. Where the sales or purchases are
made on credit and the credit period is prolonged, the seller is still required to pay the tax on the
due date although he has not collected adequate cash from his customers. Since there may not
be adequate cash for payment of the tax, the seller is forced to pay the tax out of his private
resources or borrow money at considerable interest in order to avoid penalties for failure to pay
the tax on the due date. Even where a VAT refund is due to the taxpayer it takes at least six
months to secure the refund from the TRA. TRA should allow payment of VAT in instalments or
pay on cash basis.
(b) The reduction of the VAT registration threshold and the rate of VAT will have the following
advantages:
(c) Advantages of a multiple VAT rate structure and lower rate for the utilities.
It is likely to increase revenue yield as consumption of the utilities increases with more
production.
Lower VAT rate on utilities will also reduce the cost of industrial inputs resulting into
cheaper goods.
Affordable goods for the public raises the standard of living for the people.
Disadvantages:
A multiple VAT rate structure reverts to the old sales tax system which was full of
administrative complexity and cumbersome administration.
Complexity of the law leads to tax evasion (less revenue) as taxpayers try to reclassify
goods to take advantage of the lower rates categories.
378 Value Added Tax Act
F4
SECTION F
After knowing types of supplies, one needs to know how input taxes are computed and when input
taxes can be deducted as explained in the characteristics of VAT. This Study Guide deals with
conditions necessary for deduction of input taxes
Explain conditions for the person to claim /deduct input tax and describe non -
Explain
deductible conditions
input taxes. for the person to claim /deduct input tax and describe non -
deductible input taxes.
[Learning outcome a and b]
[Learning outcome a and b]
Explain conditions for claiming pre- registration input tax; explain conditions for
deduction of input tax on bad debts and describe deduction and payments of
out, c)
or providing transport
An acquisition services
or import of in
a passenger vehicles
vehicle, and
or ofthe vehicle
spare was
parts or acquired formaintenance
repair and that
purpose.services
The restrictions are discussed
for a passenger vehicle,inunless
more details below economic activity involves dealing in, hiring
the person’s
out, or providing transport services in passenger vehicles and the vehicle was acquired for that
purpose. The restrictions are discussed in more details below Input Tax Credits: 381
Explain conditions for claiming pre- registration input tax; explain conditions for
deduction of input tax on bad debts and describe deduction and payments of
input tax on imported goods and services.
Explain conditions for claiming pre- registration input tax; explain conditions for
deduction of input tax on bad debts and describe
[Learning outcomededuction
c, d, and e]and payments of
input tax on imported goods and services.
Note
Under section 74 (2) (a),of the principal Act, the debt is deemed overdue and hence subject to
the write off if it became overdue by more than 18 months
(vi) The company acquired a motor car at a cost of Tshs 13,920,000 (VAT inclusive) and a delivery van
at a cost of Tshs 20,600,000 (VAT inclusive). VAT on the two vehicles was charged at the standard
rate and both vehicles are used wholly and exclusively for business purposes.
(vii) The company wrote off a debt of Tshs 1,180,000 and Tshs 560,000 in respect of a standard rated
invoice of unregistered customers which were due on 30 June 2016 and on 31 December 2017
respectively.
Unless specifically stated, all the above persons are registered for VAT and the transactions are stated
exclusive of VAT.
Required:
Calculate the VAT payable in respect of the month of May 2018
Question 3
State any four (4) conditions which must be met for a business to claim bad debt relief. (4 marks)
Question 4
Maziku Limited is a cooking oil processing company located in Ndala, Tabora region, and is registered for
value added tax (VAT). Maziku Limited entered into the following transactions in the month of September
2018:
1. Sold taxable supplies to customers as follows: Sales to VAT registered customers Tshs
3,835,000 (VAT inclusive) and Tshs 675,000 to unregistered customers.
2. Bought a brand new pick-up from Toyota at Tshs 3,250,000.
3. Bought stationery worth Tshs 65,000 from suppliers who are not registered for VAT.
4. Entertained major customers at a local hotel at a cost of Tshs 246,100.
5. Bought ground nuts from local farmers at a cost of Tshs 1,250,000.
6. Paid for electricity and telephone at Tshs 32,140 and Tshs 44,100, respectively.
7. A consultant on production processes was hired from South Africa. The consultant has no local
office; as a result he is not registered for VAT. He invoiced Tshs 1,650,000 for the work done.
8. Bought an EFD machine from BMTL Suppliers at Tshs 175,800.
9. Received a deposit on sale to a customer amounting to Tshs 465,000.
Unless specifically stated, all the above persons are registered for VAT and the transactions are
stated exclusive of VAT.
Required:
Calculate the VAT payable or any excess carried forward for the period
Input Tax Credits: 385
Question 5
State three types of expenditure on which the input VAT payable by a registered trader is treated as
‘blocked’ and therefore irrecoverable
Answer to SEQ 1
The taxable person may not be allowed to claim deduction of input tax he/she has so incurred under the
following circumstances:
(i) Where the input tax is directly attributable to an exempt supply.
(ii) Where the input tax deduction claim is not supported by the required documentary
evidence.
(iii) Where the input tax is time barred. Tax is incurred more than six months before the date of
claiming deduction.
(iv) Input tax incurred on purchase of motor vehicles for carriage of passengers or cargo for
other than commercial reasons.
(v) Input tax incurred on provision of business entertainment.
Answer to SEQ 2
Output VAT
Sales to registered
customers:
(irrecoverable) -
Motor car
expenses(irrecoverable) -
Telephone bills
(irrecoverable) 21,780
Stationery 45,000
Answer to SEQ 3
The following conditions must met for a business to claim bad debt relief:
(1) A supply of goods and services must have been made for consideration in money
(2) Output VAT must have been accounted for and paid by the supplier,
(3) The whole or part of the debt must have been written off as bad in the records of the supplier,
(4) At least eighteen months must have elapsed since the time when the payment was due.
Input Tax Credits: 387
Answer to SEQ 4
VAT payable or any excess carried forward for the period
Output tax
Sales for the month
1,087,200
Input tax
951,721
Answer to SEQ 5
a) An acquisition of goods, services, or immovable property, to the extent that it is used to provide
entertainment, unless the person’s economic activity involves providing entertainment in the ordinary
course of the person’s economic activity;
b) An acquisition of a membership or right of entry for any person in a club, association, or society of a
sporting, social, or recreational nature;
c) An acquisition or import of a passenger vehicle, or of spare parts or repair and maintenance services
for a passenger vehicle, unless the person’s economic activity involves dealing in, hiring out, or
providing transport services in passenger vehicles and the vehicle was acquired for that purpose.
The restrictions are discussed in more details below
G1
Customs: 389
SECTION G
CUSTOMS
SECTION G: CUSTOMS
STUDY GUIDE G1: CUSTOMS
Customs departments play a major role in collecting government tax revenues. The taxes come from
taxing imported and exported goods. While the value of exported goods can be easily determined by
the exporting country, the value of imported goods is a bit challenging to all customs departments in
the world.
To resolve the valuation faced by custom, customarily six methods of calculating value of imported
goods have been agreed internationally. These are transaction value of imported goods,
transaction value of identical goods, transactional value of similar goods, deductive method,
computed method and fall back method.
This Study Guide deals with operation of customs tax laws, application of customs valuation
methods and computation of customs taxes.
Knowledge of customs tax laws is important in ensuring compliance with the customs tax laws and
efficient administration of the laws.
1. Sources of Customs
1. Sources Law Law
of Customs
CustomsCustoms
and excise and department of Tanzania
excise department RevenueRevenue
of Tanzania AuthorityAuthority
collects collects
all importall and export
import and taxes.
export taxes.
These taxes
These taxes include excises duties, value added tax on imports, import duties and duties.
include excises duties, value added tax on imports, import duties and export export duties.
Consequently, the department
Consequently, implements
the department Value added
implements Value tax Act, tax
added 1997;
Act,Electronic Fiscal Devices
1997; Electronic Act,
Fiscal Devices Act,
2010; The East African Community Customs Management Act,
2010; The East African Community Customs Management Act, 2004; The East African 2004; The East African
Community CustomsCustoms
Community Management (Amendment)
Management Act, 2011,
(Amendment) Act,The Excise
2011, The Management
Excise Managementand Tariff
andAct,
Tariff Act,
Chapter Chapter
147; Protocol on the Establishment of the East African Customs Union, The
147; Protocol on the Establishment of the East African Customs Union, The East African East African
Community CustomsCustoms
Community Union (Rules
Union of Origin)
(Rules of Rules,
Origin) Electronic Fiscal Devices
Rules, Electronic Regulation,
Fiscal Devices 2010, East
Regulation, 2010, East
Africa Community Customs Management (Duty Remission) Regulations, 2008;
Africa Community Customs Management (Duty Remission) Regulations, 2008; East Africa CustomsEast Africa Customs
Management Regulations,
Management 2010; East
Regulations, 2010;Africa
East Customs Management
Africa Customs (Compliance
Management and enforcement)
(Compliance and enforcement)
Regulations, 2012. In2012.
Regulations, addition, practice practice
In addition, notes, case
notes,laws
caseand directives
laws made bymade
and directives the council
by the of East of East
council
Africa Community and relevant principles of international laws are sources of
Africa Community and relevant principles of international laws are sources of customs tax laws.customs tax laws.
Throughout this study
Throughout thisguide,
studyany reference
guide, to section
any reference refers torefers
to section the East African
to the East Community CustomsCustoms
African Community
Management Act 2004.
Management Act With
2004.exception of the value
With exception of theadded
value taxaddedlaws,taxother
laws,customs tax lawstaxarelaws are
other customs
implemented at the East Africa Community level because all customs
implemented at the East Africa Community level because all customs in the community in the community are are
managed under the East Africa Community Customs Management Act, 2004. Therefore
managed under the East Africa Community Customs Management Act, 2004. Therefore all East Africa all East Africa
community Partner states
community Partnersuch as.such
states Tanzania, Rwanda,Rwanda,
as. Tanzania, Burundi,Burundi,
Kenya and Uganda
Kenya are required
and Uganda to abide to abide
are required
by theseby
laws.
these laws.
To further
Toliberalise intra-regional
further liberalise trade in trade
intra-regional goodsinon the basis
goods of basis
on the mutually beneficial
of mutually trade trade
beneficial
arrangements among Partner States;
arrangements among Partner States;
To promote efficiency
To promote in production
efficiency within the
in production Community;
within the Community;
To enhance domestic,
To enhance cross-border
domestic, and foreign
cross-border andinvestment in the Community;
foreign investment and
in the Community; and
To promote economic development and diversification in industrialisation in the Community.
To promote economic development and diversification in industrialisation in the Community.
Scope of Co-operation
Co-operation will apply to any activity undertaken by the EAC Partner States in the field of
Customs Management, and includes the following:
Customs administration;
Matters concerning trade liberalisation;
Trade related aspects including the simplification and harmonisation of trade documentation,
customs regulations and procedures;
Trade remedies;
National and joint institutional arrangements;
Training facilities and programmes on customs and trade;
Production and exchange of customs and trade statistics and information; and
The promotion of exports
This is a Customs procedure where a master of every aircraft or vessel arriving from a foreign port at any
port, make report of such aircraft or vessel, and of its cargo and stores, and of any package for which
there is no bill of lading, to the proper officer on the prescribed form and in the prescribed manner.
This is a Customs procedure where the master or agent of every aircraft or vessel in which any goods
are to be exported make a reports of such aircraft or vessel to the proper officer on the prescribed form
and in the prescribed manner
All Aircrafts, Vessels and Vehicles etc, from Foreign must report at appointed ports. When reporting at
appointed ports they must go straight to mooring areas and or landing or boarding areas.
Once the vessel reports, it is not allowed to depart to another port within the country unless the proper
officer has granted permission to the Master.
Once the Master departs to foreign, is not allowed to call at any place within the country unless the
proper officer according to the law has granted him the permission. (Section 21 (1) and (2))
The proper officer may direct the vessels or aircraft place of mooring (Section 22)
Once arriving at the place of mooring it is the duty of proper officer to board the vessels/aircraft. The
agent should know that it is only Proper Officer who is responsible to board vessels/ aircraft and the
agent should facilitate such role in a manner allowed within Customs laws. In some occasion, port pilot,
the health officer or any other public officer in the course of performing his duties and duly authorized,
may board before the proper officer (S 23). The Act provides such exclusion, Provided that prior
permission from the proper officer has been granted.
The Master of the vessel, Aircrafts or vehicle when arriving from foreign must furnish a formal report to
the proper officer on arrival using the prescribed Customs forms. The report should be within 24 hours
before arrivals in case of vessels and immediately after taking off from the last point of departure to the
Partner States in case of Aircraft. Every report must show goods to be unloaded, in transit; transshipment
and those remain in the aircraft or vessel. Goods in transit, for transshipment, and goods remaining on
board for other ports must be shown separately.
In case of obvious error or any omission which result from accident or inadvertence, the agent may be
allowed to amend the report or submit supplementary report.
The Master or Agent may ask for the amendment of the report – (Manifest) using prescribe form. He
must satisfy the officer that:
The Master of the vessel, Aircrafts or vehicle when arriving from foreign must furnish a formal report to
the proper officer on arrival using the prescribed Customs forms. The report should be within 24 hours
before arrivals in case of vessels and immediately after taking off from the last point of departure to the
Partner States in case of Aircraft. Every report must show goods to be unloaded, in transit; transshipment
and those remain in the aircraft or vessel. Goods in transit, for transshipment, and goods remaining on
392 Customs
board for other ports must be shown separately.
In case of obvious error or any omission which result from accident or inadvertence, the agent may be
allowed to amend the report or submit supplementary report.
The Master or Agent may ask for the amendment of the report – (Manifest) using prescribe form. He
must satisfy the officer that:
v. Lost at sea
Each page of the report must be signed initialed, numbered and sealed together by the master or his
agent, if required, signed in the presence of the proper officer.
LANDING PERMIT
Landing permit is required for goods declared as parcel using parcel list. The agent should know the time
limit for the landing permit at the time of submitting it.
The information about the value, classification and taxes with respect of the goods are entered on the
reverse of Landing Permit.
GOODS IN TRANSIT SHED
Due to some working environment some goods may be unloaded in a transit shed. However, Goods in a
transit shed are deemed to be in the importing vessel/aircraft until they are delivered and the owner or
agent shall continue to be responsible.
i. Where goods reported for discharge are not dully unloaded and deposited in a transit shed or
Customs area the master/agent must pay the duty thereof unless he explain to the
satisfaction of the proper officer. (Section 26)
ii. The owner of vessel or aircraft or his agent, or the transit shed owner who fails to count for
the goods in ones custody commits an offence.
iii. The owner of vessel or aircraft or the owner of a transit shed is liable to pay for the
reshipment or for destruction of the goods condemned.
iv.The owner or agent of an aircraft or vessel or owner of a transit shed who fails to meet the
costs of reshipment or destruction of any condemned goods commits an offence.
Goods Reported to be unloaded but not unloaded:
When goods which are supposed to be unloaded and the goods are not in effect not unloaded in a transit
shed the masters or agent of the aircraft or the vessel shall pay duty on the goods unless acceptable
explanation is given to the proper officer.
The master of an aircraft or vessel accidentally forced to land in the East African Community States must
report immediately on the cargo and stores to the nearest Customs officer or Administrative Officer. The
cargo and stores of an abandoned vessel or aircraft will be subjected to seizure unless the master o
agent gives satisfactory explanation to the proper officer.
In case of loss or wreck of ships or air craft master or agent of aircraft or vessels shall, with all
reasonable speed make report of such aircraft or vessel and its cargo and stores to the nearest officer or
administrative officer. (Section 28)
Shipwrecked or Damaged in an accident in transit
The master of an aircraft or vessel accidentally forced to land in the East African Community States must
report immediately on the cargo and stores to the nearest Customs officer or Administrative Officer. The
cargo and stores of an abandoned vessel or aircraft will be subjected to seizure unless the master o 393
Customs:
agent gives satisfactory explanation to the proper officer.
In case of loss or wreck of ships or air craft master or agent of aircraft or vessels shall, with all
reasonable speed make report of such aircraft or vessel and its cargo and stores to the nearest officer or
administrative officer. (Section 28)
Manifest
A manifest is a list of goods by consignments to be landed at one particular port within the country. If
vessel or aircraft is going to land or call at more than one port a separate manifest should be prepared.
A manifest is a report presented to Customs Department pertaining to goods being conveyed by vessel
aircraft or vehicle arriving from or departing to a foreign port/airport.
I. To submit reports of all aircrafts, vessels and vehicles arriving from or leaving for a foreign port
II. To apply and recheck the rotation/Manifest numbers allocated by Proper Officers in respect of all
vessels, aircrafts and vehicles arriving from or departing to foreign ports
III. Customs
To agents
liase with theand submit
officers the reasons
in case advanced
of amending the in respect of
manifests asthe applications
applied in satisfaction
for by shipping agents/of
the Customs
Customs Laws
agents andand regulations
submit the reasons advanced in respect of the applications in satisfaction of
Customs
the Customs agents
Laws and submit
and the reasons advanced in respect of the applications in satisfaction of
regulations
IV. To
the Customs Laws and regulations Warehouse Date
advise the client on the Customs
IV. To advise the client on the Customs Warehouse Date
V.
IV. To advise
To ensurethe that all documents
client on the Customs necessary
Warehouse to facilitate
Date compilation of the ships files have been
V. submitted
To ensuretothat Customs
all documents necessary to facilitate compilation of the ships files have been
V. To ensuretothat
submitted all documents necessary to facilitate compilation of the ships files have been
Customs
VI. To compile ships
submitted to Customs files
VI. To compile ships files
VI. To compile ships files
Manifest information (the minimal)
Manifest information (the minimal)
Ships
Manifest details (Ship’s
information name, ship’s tonnage)
(the minimal)
Ships details (Ship’s name, ship’s tonnage)
Voyage details(
Ships details departure/destination
(Ship’s name, ship’s tonnage)date, departure/ destination port)
Voyage details( departure/destination date, departure/ destination port)
Owner Voyage–details(
supplierdeparture/destination
names date, departure/ destination port)
Owner – supplier names
Consignee’s
Owner – supplier name, address
names
Consignee’s name, address
Description
Consignee’sofname, goodsaddress
(types, Weight of packages etc)
Description of goods (types, Weight of packages etc)
Marks/numbers
Description of goods of packages,
(types, Weight of packages etc)
Marks/numbers of packages,
Marks/numbers of packages,
Arrival of goods by overland route
Arrival of goods by overland route
Arrivals
Arrival ofby vehicles
goods by overland route
Arrivals by vehicles
A personby
Arrivals in-charge
vehiclesof the a vehicle whether carrying any dutiable or un-dutiable goods which arrives
overland
A person at a frontierofofthe
in-charge a apartner
vehicle state from carrying
whether outside the anyEast African
dutiable Community goods
or un-dutiable must adhere to the
which arrives
A person
following in-charge
procedures of the
before a vehicle
unloading whether
or carrying
depositing any
the dutiable
vehicle or or un-dutiable
goods
overland at a frontier of a partner state from outside the East African Community must adhere to the at the goods
frontier which
port. arrives
Report
overland
his/her
followingarrivalat a frontier
procedures of a partner
to the Customs
before state
officer
unloading orfrom
stationedoutside the
at thethe
depositing East African
relevant
vehicle frontier
or goodsCommunity
portathe/she must
enters
the frontier adhere to the
the Partner
port. Report
followingarrival
State.
his/her procedures before unloading
to the Customs or depositing
officer stationed at thethe vehiclefrontier
relevant or goods portathe/she
the frontier
entersport. Report
the Partner
his/her arrival to the Customs officer stationed at the relevant frontier port he/she enters the Partner
State.
State. i. Fill in information in prescribed form about the vehicle and the cargo.
i. Fill in information in prescribed form about the vehicle and the cargo.
ii.i. Sign
Fill inainformation
declarations in ;s to the truth
prescribed of all
form particulars
about filledand
the vehicle in the
theform
cargo.
ii. Sign a declarations ;s to the truth of all particulars filled in the form
iii.
ii. Fully
Sign aand immediately
declarations ;s toanswer any
the truth of relevant questions
all particulars filled put to form
in the him/her by the proper of about
iii. the
Fullyvehicle and cargo. answer any relevant questions put to him/her by the proper of about
and immediately
iii. Fullyvehicle
the and immediately
and cargo. answer any relevant questions put to him/her by the proper of about
iv. Produce
the vehicle all and
consignment
cargo. note.
iv. Produce all consignment note.
v.
iv. Unless
Produceprovided otherwise
all consignment in the Customs laws make due entry of the vehicle and any such
note.
i. Fill in information in prescribed form about the vehicle and the cargo.
ii. Sign a declarations ;s to the truth of all particulars filled in the form
394 Customs
iii. Fully and immediately answer any relevant questions put to him/her by the proper of about
the vehicle and cargo.
v. Unless provided otherwise in the Customs laws make due entry of the vehicle and any such
goods conveyed. Section 29 of the EACCMA of 2004 provides that the goods and the
vehicle which are dutiable will not be removed from the Customs area until after due entry
and permission to remove the vehicle and the cargo from the Customs area. A person who
contravenes the above procedure commits an offence and may render the goods and vehicle
liable to forfeiture.
With arrival by international trains the Customs area is the border railway station. The stationmaster or
other person in-charge of the railway station acts on behalf of the Railway Company or corporation.
i. The station master or any other person in-charge of the railway station on the arrival of the train
at the port submits to the proper officer copies of invoices, consignment notes, way bills or other
documents relating to the goods in wagons, which are subject to Customs control received by
her/him at the station or supposed to be entered at the station.
ii. The station master or other officer in-charge of the railway station must not allow any goods to
leave the Customs area without the permission of the proper office because removal of such
goods without permission constitutes an offence.
iii. A station master or other person in-charge of the railway stations hall not, without written
permission of the proper officer deliver to the consignee or other person’s goods require to be
entered at any other station.
iv. An owner or user of a private railway siding shall not receive wagons containing goods subject to
Customs control into a private railway siding unless he/she is granted permission from the
commissioner of Customs and excise.
v. Any person who contravenes these provisions as per section 30 of the EACCMA of 2004 may
tender the goods subject into seizure.
If a person arrives by land into a Partner State with any goods in his possession shall before disposing of
the goods must follow the following procedure;
i. Report to the proper officer at the nearest point of entry into the Partner of State.
ii. Finish information about the goods in his/her possession in a prescribed form
iii. Declare and sign that all the particulars given in the form are true.
iv. Answer fully and immediately all question asked by the proper officer about the goods.
v. Produce all consignment notes and other documents demanded by the proper officer.
vi. Make entry of such goods unless the Customs laws state otherwise.
vii. Removal of goods received in a Customs area at any place of entry into Partner States is
prohibited except with the permission of the proper officer.
viii. The commissioner however subject to conditions he/she may specify may exempt any person or
a class of persons from the provisions in section 31 of the EACCMA of 2004. However
contravening these provisions may render the goods in question liable to forfeiture.
Customs: 395
Clearance by pipeline:
Pipelines are means of conveying goods such as petroleum or gas. The owners of the pipelines are like
vessels and aircraft's. The procedure for arrivals of such goods is a follows;
i. The nature and quantities of goods imported or exported through a pipe line shall be
recovered and reported by the operator of the pipeline in a manner the commissioner may
direct.
ii. For the purpose of recording and reporting the commissioner may specify the apparatus and
appliances to be used by the operators of the pipeline at their expense.
Passenger clearance
A passenger arriving from a foreign country may be required to make declaration of his/her goods
(Section 46). Likewise, as for aircrafts a passenger from an aircraft or a vessel should disembark only
from it at appointed place. In addition, any person including who is disembarking at that port or place;
who is returning ashore, who has any uncustomed goods; the crew of an aircraft or vessel who are
leaving that aircraft or vessel either temporarily or for any other reason, and wish to remove their
baggage or part thereof, from that aircraft or vessel; any passenger who is temporarily leaving that
aircraft or vessel and wishes to remove therefrom his baggage, or any part thereof or any other person
who may be required by the proper officer to do so; should go direct to the examination baggage room
and remain there until permitted removing (Section 44(2)). Then, the person can use either green or
red channel to exit the port.
Definitions
Green channel means that part of the exit from any customs arrival area where passengers arrive
with goods in quantities or values not exceeding those admissible.
Red channel means that part of the exit from any customs arrival area where passengers arrive with
goods in quantities or values exceeding passenger allowance.
Therefore, the green channel is for passengers with nothing to declare or with baggage consisting of
only goods within the prescribed passenger allowance and the red channel is for passengers
carrying dutiable or restricted goods and for crew members of vessels or aircrafts (Section 45).
Explain the customs entry and clearance procedures for exports; explain the
administration of bonded and customs warehouses; differentiate between
prohibitions and restrictions; and describe the rules of origin in the East Africa
Customs Union.
Definition
Exportation means the movement of goods from one country to another. In accordance with the
EACCMA, 2004 S.2 (1), the term export means to take or cause to be taken out of a Partner State. There
are three types of exportations, namely outright exportation, temporary exportation and re-exportation.
Transit and Transshipment are also considered as exports.
Categories of exports
Outright exportation
This covers goods which are exported out of the country with the intention to remain there permanently or
to be consumed in those foreign countries e.g manufactured goods like sugar, coffee, tea, nuts etc.
Temporary exportation
This covers goods which are exported out of the country for special purposes and will be brought back
e.g. goods exported for renovation, exhibition or entertainment and declared on the respective procedure
Categories of exports
Outright exportation
This covers goods which are exported out of the country with the intention to remain there permanently or
Outright exportation
to be consumed in those foreign countries e.g manufactured goods like sugar, coffee, tea, nuts etc.
This covers goods which are exported out of the country with the intention to remain there permanently or
396 Customs
to be consumed in those foreign countries e.g manufactured goods like sugar, coffee, tea, nuts etc.
Temporary exportation
This covers goods which are exported out of the country for special purposes and will be brought back
Temporary exportation
e.g. goods exported for renovation, exhibition or entertainment and declared on the respective procedure
This covers goods which are exported out of the country for special purposes and will be brought back
code whereby the re-importation certificate is issued as confirmation that the goods have left the country
e.g. goods exported for renovation, exhibition or entertainment and declared on the respective procedure
and may be re-imported.
code whereby the re-importation certificate is issued as confirmation that the goods have left the country
and may be re-imported.
Re–exportation
Re–exportation is the Customs procedure whereby goods that were imported for temporary use or
Re–exportation
purpose are to be exported after the end of the intended activities, examples are goods for exhibition or
Re–exportation is the Customs procedure whereby goods that were imported for temporary use or
entertainment. Such goods have to be entered properly and be secured with a Customs security bond.
purpose are to be exported after the end of the intended activities, examples are goods for exhibition or
Re-exportation is normally checked against the preceding entry to ensure that the re-export entry
entertainment. Such goods have to be entered properly and be secured with a Customs security bond.
match/tally with the previously temporary importation entry.
Re-exportation is normally checked against the preceding entry to ensure that the re-export entry
match/tally with the previously temporary importation entry.
Export process
For goods to be exported they need to be entered for export. Once the Customs agent makes an entry
Export process
then goods are to be physically examined before being loaded for export. The export process is
For goods to be exported they need to be entered for export. Once the Customs agent makes an entry
terminated i.e comes to an end, when vessel carrying goods for export leave the boundary of Partner
then goods are to be physically examined before being loaded for export. The export process is
States to foreign destination.
terminated i.e comes to an end, when vessel carrying goods for export leave the boundary of Partner
States to
Export foreign destination.
documentation and declaration
Before export of goods, the owner of the goods is expected to formalize all the procedure for exports.
Export documentation and declaration
These include the following;
Before export of goods, the owner of the goods is expected to formalize all the procedure for exports.
These
(i) include
hasthe following;
to obtain an export license upon the meeting the business requirements.
(i)
(ii) hasgoods
All to obtain an exported
to be export license upon
should be the meeting
loaded onto the
anybusiness requirements.
aircraft or vessel departing to a foreign
part within the boundaries of the port.
(ii) All goods to be exported should be loaded onto any aircraft or vessel departing to a foreign
(iii) part within
The goodsthetoboundaries
be loadedof for
the port.
export should be entered on the export entry (SAD) in
quadruplicate copies and the owner shall be required to furnish full particulars, supported by
(iii) The goods to be loaded for export should be entered on the export entry (SAD) in
documentary evidences. i.e. Commercial invoices, permits, receipts etc that relate to the
quadruplicate copies and the owner shall be required to furnish full particulars, supported by
goods for export.
documentary evidences. i.e. Commercial invoices, permits, receipts etc that relate to the
(iv) goods
The for export.
entry must show the following details:
a.
b. Name and address of importer.
exporter.
b.
c. Name and address of Customs
importer. agent.
d.
c. Country
Name andof destination.
address of Customs agent.
(v) The goods to be exported are grouped into three categories of which are to be entered
separately according to Customs procedure codes:- (CPC) as shown below:
The following conditions must be fulfilled before loading any aircraft or vessel:-
(a) Goods shall only be put on board any aircraft or vessel when they are dully entered.
(b) Goods shall only be put on board any air craft or vessel within the time prescribed by the
Commissioner.
(c) Goods shall only be put on board any aircraft or vessel from an approved place of loading or
from a sufferance wharf.
(d) Goods shall only be put on board any aircraft or vessel after an entry outward of such vessel
has been made.
(e) Goods shall be put on board any vessel to be loaded on to any aircraft or other vessel only
when such goods may be directly put on board such aircraft or other vessel.
(f) Goods put on board any vessel to be loaded on to any aircraft or other vessel within the limits
of the port.
The agent should be aware that, no goods that have been put on board any aircraft or vessel for export
should be discharged at any place within the Partner States without a written permission of the proper
officer. This is an offence as per the provision of EACCM Act.
transport and all other charges up to the time of delivery of the goods on board the exporting
aircraft or vessel, or at the place of exit from the Partner State.
If the cost of the goods cannot be determined under the above, the cost of similar or identical
goods exported from a Partner State at about or the same time shall apply.
After payment of export duty if any, export entries shall be referred to the officer in-charge of the export
station for the purpose of allocating officers to witness loading and sealing of containers at the exporters
premises.
After the verification process, all packages in the consignment are to be sealed with Customs
tamperproof seals before leaving the manufacturer’s premises.
Certificates of Origin
Certificates of Origin are issued to facilitate privileged Customs treatment of goods exported from a
Partner State to countries with which the Community has preferential trading agreements.
These Certificates of Origin are issued in respect of qualifying goods upon payment of the appropriate
fees.
The certification of Certificate of Origin is done by Officers specially appointed for that purpose and
whose stamps and signatures are registered and circulated to the respective trading partners/blocs.
Where the provisions of the trade agreement allow retrospective issuance of Certificates of Origin in
respect of goods exported without such a certificate, then the certificate may be issued provided all the
documentation is in order.
A Certificate of Origin can only be issued by the Officer authorised to sign it after confirmation of exit of
goods and It cannot be substituted by any other document, except where the export destination or
Consignee has changed and this should be done before the goods are exported and approval is granted
by the Officer in-charge of administering the rules of origin.
Trade agreements provide for co-operation between trading partners in the investigation of fraudulent
claims on certificates of origin. Accordingly, requests made for assistance should be fast tracked with
thorough investigations.
The designated Officer should ensure that requests for assistance under the terms of a trade agreement
are expedited and that officers of sufficient seniority and experience are appointed to undertake the
investigations. The Investigation findings are to be conveyed to the foreign Customs Authorities through
the office of the Commissioner of Customs as a matter of acceptable operational protocol i.e (exchange
or information.
Procedures for Outward Clearance of means of conveyance
The master or agent of every aircraft/vessel or vehicle in which any goods are to be exported, should
make entry outwards to the proper officer on the Customs prescribed form. Such entry outwards should
only be made after the whole of the cargo reported for discharge has been discharged.
Goods which have been put on board any aircraft or vessel for export, or for use as stores, or as
passengers’ baggage, should not be discharged at any place within the Partner States, except by written
permission of the proper officer and in accordance with such conditions as he or she may impose.
For the case of a vehicle, A person in charge of a vehicle or not departing from a partner state, whether
or not such vehicle is conveying goods, should depart through the appointed port under Section 11 and
before departing he/she should do the following:-
(a) Report his/her intended departure to Customs officer.
(b) Furnish on the prescribed forms all information related to the vehicle and goods for exports.
The master or agent of every aircraft/vessel or vehicle in which any goods are to be exported, should
make entry outwards to the proper officer on the Customs prescribed form. Such entry outwards should
only be made after the whole of the cargo reported for discharge has been discharged.
Goods which have been put on board any aircraft or vessel for export, or for use as stores, or as
Customs: 399
passengers’ baggage, should not be discharged at any place within the Partner States, except by written
permission of the proper officer and in accordance with such conditions as he or she may impose.
For the case of a vehicle, A person in charge of a vehicle or not departing from a partner state, whether
or not such vehicle is conveying goods, should depart through the appointed port under Section 11 and
before departing he/she should do the following:-
(a) Report his/her intended departure to Customs officer.
(b) Furnish on the prescribed forms all information related to the vehicle and goods for exports.
(c) Fully and immediately answer all relevant questions put to him/her by the proper officer.
(d) Produce any consignment notes or any relevant documents demanded by the proper officer.
(e) Make due entry of the vehicle and goods for exports.
Export Promotion Schemes
Export promotion schemes are schemes designed to promote production of goods for export. Partner
States have agreed in the protocol for the establishment of customs union to engage in some of the
export promotion schemes with a motive to promote trade. Some of the schemes are Manufacturing
Under bond, Export processing zones or special economic zones, Inward/Outward Processing.
i. Make an entry, prior to commencement of manufacturing under bond, in the prescribed form
specifying the purpose for which each building, room, place or item of plant is to be used.
ii. Provide office accommodation and scales, measures and other facilities materials or just
weights, for examining and taking account of goods and for securing them as the proper officer
may reasonably require;
iii. Keep a record of all types of plant, machinery and equipment, raw materials and goods
manufactured in the factory and keep that record at all times available for examination by the
proper officer;
iv. Provide all necessary labour and materials for the storing, examining, packing, marking,
coopering, weighing and taking stock of the goods in the factory whenever the proper officer so
requires.
v. Non- compliance with set conditions may result into suspension, revocation or refusal to issue a
license by the Commissioner
400 Customs
EPZs are specialized areas in the EAC Customs Union where imported goods are offered duty free
treatment for purposes of processing or manufacturing for export under given conditions.
According to the EACCMA an export Processing Zone is a designated part of the Customs territory
where any goods introduced are generally regarded for the purpose of import duties and taxes as
being outside the Customs territory but are restricted by controlled excess and to which benefits
provided under the Regulations made under Article 29 of the East African Community Customs Union
Protocol.
Application, Licensing and approval of EPZ
Applications for investment in any EPZ, must be made in the first instant to the
relevant Authority.
ii. To provide details of all raw materials received at the site of manufacturing during the
previous quarter of the year.
viii. To take all measures to reduce the fears of task cheating in a way that Tanzania
Investment Centre cannot provide.
Section 191(2) required all goods imported for EPZ to be entered in SBE together with cargo receipt and
lending account book and a bond in the form of EPZRI shall be executed. The goods must be destined
vii. To facilitate inspections and examination by the Customs.
viii. To take all measures to reduce the fears of task cheating in a way that Tanzania
Investment Centre cannot provide. Customs: 401
Section 191(2) required all goods imported for EPZ to be entered in SBE together with cargo receipt and
lending account book and a bond in the form of EPZRI shall be executed. The goods must be destined
in sealed containers, boxes or vehicles except in case of exceptionally bulky loads. Goods imported to
EPZ from the custom territory must be treated in the same manner as if such goods were
Duty Remission
Section 140. (1) Of the East African Community Customs Management Act 2004 provides that The
Council may grant remission of duty on goods imported for the manufacture of goods in a Partner
State.
The Council may prescribe regulations on the general administration of the duty remission under this
section.
The manufacturer, and the approved quantity, of the goods with respect to which remission is granted
under this section shall be published by the Council in the Gazette.
Section 141of the same Act provides that where any goods are lost or destroyed by accident
Either on board any aircraft or vessel; or in removing, loading, unloading, or receiving them
into, or delivering them from, any Customs area or warehouse; or in any Customs area or warehouse,
before the goods are delivered out of Customs control to the owner, then, if the Commissioner is
satisfied that such goods have not been and will not be consumed in a Partner State, the
Commissioner may remit the duty payable in respect of the goods.
Most administrations have in place procedures which help promote export trade and are in the interest
of the national economy. Drawback is one such procedure. This procedure grants repayment of import
duties and taxes paid on:
The repayment may be partial or total. Drawback is one of the several procedures which provides
relief from duties and taxes for the manufacture of exported goods and is extensively used. Some
administrations may allow it in combination with other procedures like inward processing, temporary
admission or Customs warehouses.
“Drawback procedure” means the Customs procedure which, when goods are exported, provides for a
repayment (total or partial) to be made in respect of the import duties and taxes charged on the goods,
or on materials contained in them or consumed in their production.
Economic benefits
The imported goods are used to process or manufacture goods for export by the domestic industries.
The use of domestic labour and processing or manufacturing of goods add value to the finished goods
for export. The repayment of duties and taxes paid on the imported goods enables domestic industries
to offer the goods at competitive prices on international markets.
Some administrations restrict the categories of goods qualifying for drawback. This is usually an
economic consideration and is designed to encourage the use of equivalents of imported goods which
are produced within the country by domestic industry.
Where it may be difficult to identify certain exported goods as being those that were originally imported
or those resulting from the processing of imported goods, administrations should allow the exportation
of equivalent goods (e.g. compensating goods equivalent in all respects to the goods which should
normally have been re-exported) and apply the drawback procedure to repay import duties and taxes
where goods or materials are replaced by equivalent goods or materials. This is a practice which is
to offer the goods at competitive prices on international markets.
Some administrations restrict the categories of goods qualifying for drawback. This is usually an
economic consideration and is designed to encourage the use of equivalents of imported goods which
402 Customs
are produced within the country by domestic industry.
Where it may be difficult to identify certain exported goods as being those that were originally imported
or those resulting from the processing of imported goods, administrations should allow the exportation
of equivalent goods (e.g. compensating goods equivalent in all respects to the goods which should
normally have been re-exported) and apply the drawback procedure to repay import duties and taxes
where goods or materials are replaced by equivalent goods or materials. This is a practice which is
recommended in this Chapter.
Countries wishing to encourage trade through free zones in their territory may also apply the
drawback procedure to goods that are re-exported into these zones.
Usually goods imported with the intention to re-export them, other than those used for processing or
manufacture, are not permitted to be used during their stay in the Customs territory. If such use is
allowed, administrations usually have provisions under which the amount of drawback granted is
reduced according to the extent of the resulting depreciation.
Some administrations use the term drawback for refund of taxes on imported goods that are not
according to specification and are returned to the seller, or goods used in manufacture for home
consumption, or imported goods that are obsolete, etc. The procedure covered by this Chapter does
not relate to such goods. This issue is covered in Standard 4.19 of the General Annex.
The drawback procedure will not apply to repayment of or relief from other taxes (e.g. sales tax, value
added tax) or to items which may be aids to the manufacturing process that are granted relief or
repayment under other provisions.
Other economic benefit of the Duty Drawback System of drawback procedure offers distinct benefits
to national administrations and interested persons in that it:
Interested persons have import options regarding whether to make the financial commitment to pay
the duties and taxes and wait for repayment to be completed under drawback after the goods are
exported, and whether this affects the competitive pricing of exported goods.
The Commissioner of Customs is given power by the law to allow temporarily importation or exportation
of goods for processing operations free from tax provided that the ownership of such goods shall remain
to the exporter, and importer shall only process them under contract. The Commissioner may also allow
the importation of equivalent goods to replace the temporarily exported goods for outward processing.
Inward processing means the Customs procedure under which certain goods can be brought in a partner
state conditionally exempted from duty on the basis that such goods are intended for manufacturing,
processing or repair and subsequent exportation.
Procedure of operation:
The operator shall apply for authorization to the commissioner in a prescribed form to carry out the
inward processing operations. The application detailing the intended inward processing shall be made in
advance prior to importation of the goods subject to the process.
i. The applicant offers the necessary guarantee for the proper conduct of the operation
Procedure of operation:
The operator shall apply for authorization to the commissioner in a prescribed form to carry out the
inward processing operations. The application detailing the intended inward processing shall be made in 403
Customs:
advance prior to importation of the goods subject to the process.
i. The applicant offers the necessary guarantee for the proper conduct of the operation
ii. The administrative arrangements and supervision of the process are not disproportionate to
the economic needs of the applicant.
iii. The applicant is established in the community except where imports of non-commercial
nature are involved.
Goods imported for inward processing shall be entered in Customs prescribed form on production of:
The proper officer shall examine such goods at the port of entry or at the owners premises before release
for inward processing.
The person authorized shall keep all records of the inward processing activities and the records shall
indicate:
However, the commissioner may prescribe specific time limit for in-ward processing.
The goods may be exported through a Customs office other than the office through which the goods
under in-ward processing were imported, either in full or in parts under separate entries
When goods placed under in-ward processing are entered for home consumption either compensatory
products or goods in an unaltered state, the import duty shall be computed on the basis of the nature,
quantity, Customs value and duty rate applicable to the goods at the time they were entered for in-ward
processing
Exportation of compensating products:
The goods may be exported through a Customs office other than the office through which the goods
under in-ward processing were imported, either in full or in parts under separate entries
404 Customs
Compensating products entered for home consumption:
When goods placed under in-ward processing are entered for home consumption either compensatory
products or goods in an unaltered state, the import duty shall be computed on the basis of the nature,
quantity, Customs value and duty rate applicable to the goods at the time they were entered for in-ward
processing
Outward processing
Outward processing means the Customs procedures under which goods which are in free circulation in a
partner state may be temporarily exported for manufacturing, processing or repair outside the partner
state and then re-imported.
The Commissioner shall only authorize goods to be exported temporarily from the partner state when:
a) The exporter confirms that the compensating product shall result from the processing
operation
b) The outward processing procedure does not affect the interest of the partner state
c) The compensating products shall be re-imported within a period of one year from the date
of export
During re-importation, the compensating products may be re-imported through a Customs office other
than the Customs office through which the goods were exported either in full or in partial consignment
under separate entries. Goods may also be re-imported in an un-altered state.
The imported compensating products or unaltered goods may be granted total or partial relief from
payment of duty when are cleared for home consumption in the name of
(c) Where the re-imported goods were repaired and such repair could not have been undertaken
in the Partner States
(d) Equipment or other goods were added to the exported goods that could not be added within
the partner state.
Processing or manufacturing was done on the re-imported goods and the goods exported were the
product of, and originated within the Partner States.
Warehousing means to deposit or to cause imported goods to be deposited. The following goods shall
not be warehoused- the East African Community Customs Management Regulations, 2006 sec 64)
Types of warehouses
Types of warehouses
Bonded Warehouses:
A bonded warehouse is a place (normally, though not always, a building) licensed by the Commissioner
General for the deposit and storage of dutiable goods. The purpose is to allow goods to be stored under
official supervision before the payment of duty and that duty should become payable only when the
goods are taken out of the warehouse for consumption or use in Tanzania. It is warehouse or other place
licensed by the Commissioner for the deposit of dutiable goods on which import duty has not been paid
and which have been entered to be warehoused; Bonded Warehousing is one of the measures being
implemented by the
(i) Customs and Excise Department to facilitate trade, which is one of its functions.
The other functions are:
(ii) Revenue collection
(iii) Enforcement of prohibition and restrictions and
(iv) Compilation of trade statistics.
Bonded Warehousing creates conducive environment to utilize the import capacities to the maximum and
hence minimize the cost of importation. The facility helps to improve the liquidity position of the importers
as payment of import duties is made on small quantities withdrawn from the bonded warehouses
depending on their needs instead of paying for the whole consignment at the time of importation. Also re-
exportation of imported goods can be done without fiscal obstacles Proper Management of the facility is
very important, as it may become a source of revenue loss to the government due to abuse by
unscrupulous importers.
(i) General bonded warehouses for the deposit of dutiable goods generally (i.e. those belonging to
any person); or
(ii) Private bonded warehouses for the deposit of dutiable goods belonging to the licensee only.
(Warehousing goods which are the property of the warehouse keeper.)
The approval and licensing of bonded warehouses is at the discretion of the Commissioner General after
application by the owner. In considering an application for approval of a bonded warehouse, the
Commissioner General is obliged by law to have particular regard to:
Unless he is fully satisfied on all these counts, the Commissioner General will refuse to approve and
license the place as a bonded warehouse.
(i) An application for the licensing of premises as a Licensed Bonded Warehouse shall be made
to the Commissioner in Form C22. The application shall be accompanied by a plan of the
premises and its situation in relation to other premises and thoroughfares.
(ii) The Commissioner may, subject to the fulfillment of these conditions or any such other
conditions as are prescribed by law and upon payment of a license fee, license any premises
as a Licensed Bonded Warehouse for the deposit of goods subject to Customs control. The
license shall be in Form C23. Customs warehouses and warehouses owned by the
Government shall not be subject to any license fee.
(iii) The operator of a Licensed Bonded Warehouse shall execute a bond security in Form CB6
secured by a licensed guarantor. A bond security of not less than TShs.300 million shall apply
to Private Warehouses and Shs.800 million to General Warehouses to secure duties and taxes
on the goods kept at the Warehouse.
(iv) Customs shall at all times have the right of access to any part of a Licensed Bonded
Warehouse and may examine any goods or records relating to goods therein; and for the
purpose of obtaining such access, a proper officer may break open the warehouse or any part
thereof.
(v) The operator of a Licensed Bonded Warehouse shall keep the warehouse in a proper state or
repair and shall not make any alteration or addition to the warehouse without first obtaining the
(iv) Customs shall at all times have the right of access to any part of a Licensed Bonded
Warehouse and may examine any goods or records relating to goods therein; and for the
purpose of obtaining such access, a proper officer may break open the warehouse or any part
thereof. Customs: 407
(v) The operator of a Licensed Bonded Warehouse shall keep the warehouse in a proper state or
repair and shall not make any alteration or addition to the warehouse without first obtaining the
written permission of the Commissioner.
(vi) Licensed warehouse operators are required to maintain control of the warehouse, warehoused
goods and any activity undertaken in the warehouse. The Commissioner for Customs and
Excise must be notified in the event of any change in the circumstances of the operator, which
may render the operator unable to honor the warehouse bond or acquit its responsibilities to
Customs. Circumstances include a change in the ownership of the warehouse, the death of the
operator, the commencement of proceedings of bankruptcy against the operator or any other
change in the circumstances of the operator. Warehouse licenses are not transferable.
(vii) The operator of a Licensed Bonded Warehouse is responsible for all goods stored in the
warehouse and is liable for the payment of all duties and taxes payable on any goods that
cannot be accounted for. It is a requirement that the records maintained for Customs purposes
shall provide a clear audit trail of all goods that arrive, are stored and/or exit the warehouse.
(viii) No goods stored in the warehouse shall be removed, altered, interfered with, displayed or
demonstrated in any way without prior authorisation from Customs.
(ix) A license holder who contravenes any of these conditions may have their license revoked.
a. Warehouse Premises
The Licensed Bonded Warehouse shall:
Comprise premises with secure walls, roof(s) and concrete floors
Include special storage facilities for high value items, loose cargo and seized, abandoned or
overstayed goods (not applicable to motor vehicle ICDs).
Have a floor area equal to or greater than 1000 square metres for a general warehouse and
350 square metres for a private/factory bonded warehouse.
Have a single entrance, acceptable lighting and toilets and be hygienic and well ventilated.
Be secure, accessible and located in a safe environment not more than 10 km from a customs
office or at a location approved by the Commissioner for Customs and Excise.
b. Warehouse Identification
The words "Customs Bonded Warehouse" and the number allocated to the customs bonded
warehouse shall be clearly marked above the principal entrance to the customs warehouse
or elsewhere as approved by the proper officer and shall be removed when a warehouse
ceases to be so licensed.
c. Security
Security arrangements shall provide for:
A perimeter wall or secure fence that is at least three meters high with razor wire and lockable
gates;
24 hours security coverage; and
Satisfy any other requirements determined by the Collector of Customs and Excise
d. Customs Facilities
Secure office accommodation shall be provided within the premises for the exclusive use of
customs staff required to attend the warehouse. The accommodation should include suitable
furnishings, desk(s) and chair(s) and be hygienic and well ventilated with adequate lighting.
Access shall also be provided to warehouse records, a telephone and appropriate toilet
facilities. Details of the facilities should be shown on the premises plan.
A perimeter wall or secure fence that is at least three meters high with razor wire and lockable
gates;
24 hours security coverage; and
408 Customs
Satisfy any other requirements determined by the Collector of Customs and Excise
d. Customs Facilities
Secure office accommodation shall be provided within the premises for the exclusive use of
customs staff required to attend the warehouse. The accommodation should include suitable
furnishings, desk(s) and chair(s) and be hygienic and well ventilated with adequate lighting.
Access shall also be provided to warehouse records, a telephone and appropriate toilet
facilities. Details of the facilities should be shown on the premises plan.
The operator of a Licensed Bonded Warehouse shall have and maintain appropriate
communication facilities including telephones, a facsimile machine and access to e-mail.
Test yourself 1
Warehousing is the practice of storing, holding and handling goods in a warehouse. A customs bonded
warehouse is a warehouse licensed by the Commissioner of Customs for the storage of goods imported
into the region pending the payment of duties. The goods are stored in the joint custody of the bonded
warehouse
Test keeper
yourself 1 and customs.
Warehousing is the practice of storing, holding and handling goods in a warehouse. A customs bonded
Required: is a warehouse licensed by the Commissioner of Customs for the storage of goods imported
warehouse
into the region pending the payment of duties. The goods are stored in the joint custody of the bonded
(a) What are the benefits of using a Customs Bonded Warehouse?
warehouse keeper and customs.
(b) How many types of bonded warehouses are there? Describe them.
(c)
Required:What is the licensing procedure?
(d) Is the bonded warehouse license transferable? Explain
(e)
(a) records
What are should be
the benefits of kept
usingatathe bondedBonded
Customs warehouse?
Warehouse?
(b)
Customs How many types of bonded warehouses are there?
Warehouse" Describe them.
(c) What is the licensing procedure?
(d)
Means anyIs the bonded
place warehouse
approved by the license transferable?
Commissioner for the Explain
deposit of unentered, unexamined, abandoned,
(e)
detained,What records
or seized, should
goods forbe
thekept at thethereof
security bondedorwarehouse?
of the duties due thereon;
(i) Normally customs warehousing date is the 21st day (excluding Sundays and public holidays after
the commencement of discharging goods from the importing vessel or aircraft and in the case of
importation by land it is the 21st day after the arrival of the goods at the frontier station.
(ii) The un entered and un claimed goods are sent to the customs warehouse vide WANT OF
ENTRY LIST prepared by port authorities (T.H.A. TICTS, DAHACO etc.). Other goods are sent
to the customs warehouse vide their respective documents e.g. Notice of seizure – C.58, goods
deposited – by F. 89 etc.
SALES PROCEDURES FOR WAREHOUSED GOODS AND CONDITIONS FOR AUCTION SALE (SEC.
42)
(i) Normally goods deposited in a customs warehouse must be delivered or removed within 30 days
from the day of entry subject to order from the Commissioner to extend the period of stay.
(ii) Goods that are not lawfully removed from the customs warehouse within a specified period, shall
be deemed to have been abandoned and hence be sold by public auction or in any manner as
the Commissioner may direct.
(iii) The Commissioner shall give 30 days notice by publication in the Gazette to the public stating his
or her intention to the deposited goods after the expiry of such period from the of the notice if
goods shall not be lawfully remove.
(iv) Prohibited goods shall either be re-exported or destroyed depending on the Commissioner’s
decision.
(v) Perishable goods, Plants or Animals may be sold without any notice.
(vi) Seized goods will be sold after clearance from the Commissioner on accountthat such goods
might be under appeal or court proceedings.
(vii) Reserve price
(viii) This is a minimum disposable price that includes customs duty and taxes and other
charges due to the Commissioner and Port Authorities Reserve price is confidential to the
department and no way should it be disclosed to the public. During auction sale a bid must be
equal or higher than the reseve price. Goods are normally sold in lots as indicated in bill of
landing or individual depost or sezure notice, so when a bid is lower than the reserve price
thenthe whole lot shall be wiedrawn from sale.
(i) Before bidding the Commissioner announces to the public that a bid shall not necessarily be
accepted and should there be any discrepancy between the quantity stated in the sale list and
the actual quantity available for sale.
(ii) Making a bid shall imply acceptance of the conditions of sale.
(iii) The highest bidder shall be the purchaser of the goods and shall be no withdrawal when
accepted as a purchaser.
(iv) No warranty shall be given by the Customs as to the quality, quantity, packaging conditions and
any other particulars of the goods offered fore sale.
(v) A non refundable deposit as determined by the Commissioner shall be paid in cash at the fall of
the hammer and the balance shall be paid within forty eight (48) hours after the sale, failure to
that, the goods shall be re-offered for sale at the next auction sale.
(vi) Goods purchased shall be removed from the customs warehouse within three (3) days, failing of
which the purchaser shall be liable to pay the warehouse rent and other charges with effect from
the date of sale up to the date of removal.
(vii) The Customs shall not be responsible for any damage that occurs to goods during their removal
by the purchaser or his/her Agent.
(viii) Any goods remaining in the customs warehouse after sale, shall remain at the
purchaser’s risk.
APPLICATION OF SALE PROCEEDS.
(i) By virtue of section 33(4) of EACCMA, 2004 goods shall not be removed from a customs
warehouse unless such goods have been duly reported and entered. The proper officer must
also have given the authority for their delivery.
(ii) For dutiable goods, which were warehoused protect the loss of government revenue, shall be
delivered from the customs warehouse upon presentation of customs entry showing a payment
of all customs duty taxes. For Seized and Detained goods, shall be delivered from the customs
warehouse upon presentation of the order written by the Commissioner.
Where at any port or place in the Community where a proper officer is stationed, a building has not
been specifically approved by the Commissioner for use as a Customs warehouse, any customs
remises or any premises occupied and administered by the Customs shall be deemed to be a
Customs warehouse.
Governments have the duty and responsibility to protect the society and economy of their respective
countries. The Customs, as government service has the duty to protect the society and the economy of
the country by allowing, prohibiting and restricting goods that enter in the country. This is for the sake of
maintaining security, healthy society and sound economy.
Definitions
Cargo
Includes all goods imported or exported in any aircraft, vehicle or vessel other than such goods as
required as stores for consumption or use by or for the aircraft, vehicle or vessel, its crew and
passengers.
Goods
Includes all kinds of articles, wares, merchandise, livestock, and currency, and, where any such goods
are sold under the, the customs laws, and the proceeds of such sale
Prohibited goods
Prohibited goods are goods, which importation exportation or carriage coastwise are not allowed under
the East African Community Customs Management Act 2004 or any law for the time being in force in the
Partner States;
Restricted means
Restricted goods means any goods the importation, exportation or carriage coastwise of which is
prohibited, save in accordance with any conditions regulating such importation, exportation, transfer, or
carriage coastwise, and any goods the importation, exportation, transfer, or carriage coastwise, of which
is in any way regulated by or under the Customs laws or is allowed subject to certain conditions.
Customs area
Means any place appointed by the Commissioner under section 12 for
carrying out customs operations, including a place designated for the deposit of goods
subject to customs control;
All goods, including means of transport, which enter or leave the Customs territory, regardless of whether
they are liable to duties and taxes, shall be subject to Customs control.
The Customs control shall be limited and applied when necessary to ensure compliance with the
Customs law.
In the application of Customs control, the Customs shall use risk management.
The Customs shall use risk analysis to determine which persons and which goods, including means of
transport, should be examined and the extent of the examination.
412 Customs
The Customs shall adopt a compliance measurement strategy to support risk management.
Customs control systems shall include audit-based controls.
The Customs shall seek to co-operate with other Customs administrations and seek to conclude mutual
administrative assistance agreements to enhance Customs control.
The Customs shall seek to co-operate with the trade and seek to conclude Memoranda of Understanding
to enhance Customs control.
The Customs shall use information technology and electronic commerce to the greatest possible extent
to enhance Customs control.
The Customs shall evaluate traders’ commercial systems where those systems have an impact on
Customs operations to ensure compliance with Customs requirements
The concept of prohibitions and restrictions is also embedded in the WCO Mission Statement.
“The World Customs Organization is an independent intergovernmental body whose mission is to
enhance the efficiency and effectiveness of Member Customs administrations, thereby assisting them to
contribute successfully to national development goals, particularly in the areas of trade facilitation,
revenue collection, community protection and national security.”
Where any goods are subject to Customs control, then the Commissioner may permit the owner of such
goods to abandon them to the Customs; and on such abandonment such goods may, at the expense of
the owner thereof, be destroyed or otherwise disposed of in such manner as the Commissioner may
direct and the duty thereon shall be remitted or refunded,
EACCMA, 2004 or any law for the time being in force in the Partner States.
iii. Order made under section 19 may specify goods or any class of goods, either generally or in
any particular manner and may prohibit or restrict the importation either from all places or from
any particular country or place.
Exemptions
Goods imported in Transit, Transshipment or as stores of any aircraft or vessel are exempted from
restriction and prohibitions provided that such goods are not internationally prohibited or restricted and
such goods should be dully re-exported within such time as the Commissioner may specify. (Section 20
EACCMA, 2004)
5 Prohibited Goods
Any goods the importation, exportation or carriage coastwise, of which is prohibited under the EACCMA,
2004 or any customs law for the time being in force in the Partner States.
- Part A of the second schedule list shows the goods whose importation is prohibited. These
include
- False money,
- Pornographic materials,
- Matches- with white phosphorus,
- Distilled beverages- injurious oils or chemicals,
- Narcotic drugs under international control,
- Hazardous wastes,
- Soaps and cosmetics-mercury,
- Used tyres-commercial m/v and passengers cars.
Also the list covers both hazardous agricultural and industrial chemicals and the counterfeit goods of all
kind.
6 Restricted Goods
Any goods the importation, exportation or carriage coastwise of which is prohibited, save in accordance
with any conditions regulating such importation, exportation, transfer, or carriage coastwise, and any
goods the importation, exportation, transfer, or carriage coastwise, of which is in any way regulated by or
under the Customs laws or is allowed subject to certain conditions.
Part B of the second schedule covers the restricted goods whose importation is upon meeting the
regulating conditions, unless they are prohibited.
Restricted goods list cover the following:
- Postal frank machines,
- Traps-for game animals,
- Unwrought precious metals,
- Arms and ammunition (chap93),
- Ossein and bones-treated with acid,
- Ivory (elephant) unworked,
- Hippo teeth (unworked),
- Ivory powder and waste,
- Tortoise shell,
- Coral and similar materials,
- Nuclear reactors,
- Natural sponges of animal origin,
- Worked ivory and articles of ivory,
414 Customs
- Ozone depleting substances (Montreal Protocol 1987) & Vienna Convention (1985), genetically
modified products,
- Endangered Species of world Flora and Fauna-CITES 1973
- Commercial casings (second hand tyres),
- All psychotropic drugs under international control.
Others include goods under chap 36 (i.e. detonators), guns and ammunition, armoured fighting vehicles-
heading 8710, telescope sights-chap 90, bows, arrows, fencing foils-chap95, collectors pieces/antiques
of guns-heading 9706.
Note: Goods may be prohibited or restricted under this law or any other law for the time, being enforced
in the Partner State.
Under EACCMA, 2004 the provisions on prohibited and restricted exports include Section 70, 71,
and 72 of EACCMA, 2004 on which under the third schedule a lists prohibited and restricted exports :
Part A; All goods the exportation of which is prohibited under EACCMA.
Part B;
(i.) All goods the exportation of which is restricted under the Act
(ii.) Waste and scrap of ferrous cast iron
(iii.) Timber from any wood grown in partner states
(iv.) Fresh unprocessed fish (Nile Perch and Tilapia)
(v.) Wood charcoal
The following should not be exported in vessels of less than 250 tons register
(i.) Warehoused goods;
(ii.) Goods under duty drawback;
(iii.) Transhipped goods.
Zanzibar
i ZIPA (Zanzibar Investment promotion Agency)
ii Police-Interpol on matters related to security, theft of imported vehicles
iii Anti –Narcotic Unit
iv Zanzibar Medical Board on food and drugs imports
v Immigration Department on further inquiry of drug trafficking suspects.
vi Consumer Protection Unit (Ministry of Tourism, Investment and Trade)
vii Veterinary Department (Ministry of Agriculture and Livestock)
viii Health Department (Ministry of Health)
416 Customs
The aim of CITES is to ensure that international trade in wild fauna and flora does not threaten the
survival of these species.
Misconceptions about CITES
But most of the people have misconceptions about CITES as follows:
i CITES bans trade in the species listed.
ii CITES regulates the domestic use of species and their trade.
iii CITES focuses on species of well-known large fauna (elephants, rhinoceroses)
iv CITES is the conservation of wild flora and fauna.
Contracting States (Parties) of CITES agree upon the following;
i. Wild fauna and flora in their beauty and varied forms are an irreplaceable part of the natural systems
of the earth that must be protected generations to come.
ii. People and States should get involved in protection of their own wild fauna and flora.
iii. The international co-operation is essential for protection of certain species of wild fauna and flora
against over-exploitation through international trade.
iv. The urgency of taking appropriate measures to end over-exploitation of certain species of wild fauna
and flora.
v. The importation or exportation of goods covered under the CITES is restricted.
• The Stratosphere
The stratosphere is that part of atmosphere, which follows the troposphere. It starts at 10-20 kilometres
above ground level and continues up to 40-50 kilometres height.
The ability of these chemicals to deplete the Ozone Layer is referred to as Ozone Depleting Potential
(ODP).Each substance is assigned an ODP relative to CFC-11 whose ODP is defined as one.
Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and Their
Disposal;
The Convention strictly regulates the trans-boundary movements of hazardous wastes and provides
obligations to its Parties to ensure that such wastes are managed and disposed of in an environmentally
sound manner.
The Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade.
It controls both banned or severely restricted chemicals and severely hazardous pesticide formulations.
materials does not exceed sixty per centum of the total cost of the materials used in the
production of the goods
(iii) the value added resulting from the process of production accounts for at least thirty five per
centum of the ex-factory cost of the goods.
(iv) the goods are classified or become classifiable under a tariff heading other than the tariff
heading under which they were imported as specified in the Second Schedule to these
Rules.;
There are six methods which can be used to compute custom value of imported goods. The customs
value of imported goods is the value of goods for the purposes of levying ad valorem duties of customs
on imported goods. These methods are transaction value, transaction value of identical goods,
transaction value of similar goods, deductive value, computed value and fall back value. The methods
are sequential used starting the first method, when it fails or not trusted, the second method is adopted
also when the second method is not appropriate, the third method is adopted and so on. With the
exception of deductive and computed value methods where the importer can ask for reverse of the
order (Paragraph 9(3)). The following Section describes each of these methods.
420 Customs
DiagramDiagram 1: Customs
1: Customs valuation
valuation methodmethod
8.1 Transaction
8.1 Transaction
value value
Transaction value refers
Transaction value torefers
actualto price
actualof price
the goods
of the imported betweenbetween
goods imported independent buyers and
independent buyers and
sellers. The transaction
sellers. value is value
The transaction taken is totaken
be custom
to be value
custom of value
imported goods when
of imported goods thewhen
buyer theis buyer
free tois free to
choose choose
how to howuse or to sell
use the goods
or sell the subject to legally
goods subject to imposed restrictions
legally imposed and the and
restrictions pricetheis price
not is not
significantly
significantly by the sellers’
affected affected restrictions.
by the sellers’ restrictions.
Furthermore, the pricetheshould
Furthermore, price include all values
should include all values
attachedattached
to it by the
to itsellers
by theand the and
sellers sellerstheshould
sellersnot receive
should not anything from subsequent
receive anything re-sale of
from subsequent the of the
re-sale
goods. Additionally, all costsall
goods. Additionally, paid by paid
costs importer/buyer for the goods
by importer/buyer for theshould
goodsbe included
should (or apportioned
be included (or apportioned
when not wholly
when notused
wholly in used
the goods)
in the in the transactions
goods) value with
in the transactions exception
value to buying
with exception to commission.
buying commission.
The buying
The commission
buying commissionmeans feesmeans paid by paid
fees importer to the importer’s
by importer agent for
to the importer’s the service
agent of
for the service of
representing the importer
representing abroad in
the importer abroad
the purchase
in the purchase
of the goods
of thebeing
goodsvalued.
being Finally,
valued. cost
Finally,
of transport
cost of transport
of the imported goods togoods
of the imported the port or place
to the port orofplace
importation into the into
of importation importing country country
the importing except where
exceptthe where the
importation is madeis by
importation madeair; byloading, unloading
air; loading, and handling
unloading charges charges
and handling associated with thewith the
associated
transporttransport
of the imported goods togoods
of the imported the port or place
to the port orof place
importation into the into
of importation importing country; country;
the importing and the and the
cost of insurance are part are
cost of insurance of customs value ofvalue
part of customs imported
of imported
goods. goods.
However, when the parties to the imported goods are related, the importer should show that the
transaction value is approximate to the price of identical or similar goods imported around the same
time between unrelated parties.
The importer also might require comparing the transaction value to the transaction value of identical
goods or similar goods as explained below when the importer and exporter are related.
The importer and exporter are related when they are officers or directors of one another’s
businesses, legally recognised partners in business, an employer and employee relationship, any
person directly or indirectly owns, controls or holds 5% or more of the outstanding voting stock or
shares of both of them, one of them directly or indirectly controls the other, both of them are directly or
indirectly controlled by a third person, together they directly control a third person or are members of
the same family. However, sole agents, distributors and sole concessionaires dealing with others
are normally considered independent unless they have previously discussed conditions.
Question 2
1. Mr Ndikumana imported electrical appliances from England for STG 340,000 and paid for insurance
and freight of STG 17,000 and STG 45,000 respectively. Mr Ndikumana also incurred the following
expenses in respect of the electrical appliance:
STG
Brokerage charges 1,200
Selling Commissions 300
Buying Commissions 400
Royalty 200
Wooden containers used for
packing in England 500
Packing expenses in England 120
Tools and moulds 2,000
Mr Ndikumana shall, after one month from the date of exportation, pay to the exporter STG 120,000 being
the difference between the invoice value and the price of goods; fact revealed to Customs officers by
Ndikumana
Required:
Determine the Customs value according to Transaction value method
.
8.2 Transaction value of identical goods
The transaction value of identical goods is used as an alternative when the transaction value of
imported goods is inappropriate. However, transaction value of identical goods and the goods being
valued should all have been imported at the same time, same commercial level.
In case of the transaction value of identical goods at the same commercial level and/or same quantity
is unavailable best adjustments should be made to adjust for factors as discount resulting from
purchasing in large quantities. Specifically, the transaction value of identical goods in this case may
base on, a sale at the same commercial level but in different quantities; a sale at a different
commercial level but in substantially the same quantities; or a sale at a different commercial level and
in different quantities. Thereafter, the adjustments for quantity factors only, commercial level factors
only or both commercial level and quantity factors as case may be made.
422 Customs
Also, when the transaction value of identical goods includes costs of; transport of the imported goods
to the port or place of importation into the importing country except where the importation is
made by air; loading, unloading and handling charges associated with the transport of the imported
goods to the port or place of importation into the importing country; and the cost of insurance, the value
should be adjusted to consider cost differences as distances and transport modes of the imported
goods. Finally, in case of identification of several transaction values of identical goods, the lowest value
should be used to value the imported goods.
Definition
Goods are identical when they have the same physical characteristics, quality and reputation even
when they have minor differences between them. Furthermore, the goods must have been produce in the
same country by the same person unless the goods produced by the same person are unavailable
others’ goods can be used. The identical goods do not include goods which incorporate or reflect
engineering, development, artwork, design work, and plans and sketches for which no adjustment of the
values can be made.
Definition
Goods are similar when although not alike in all respects; have like characteristics and like
component
materials which enable them to perform the same functions and to be commercially interchangeable.
Factors as the quality of the goods, their reputation and the existence of a trademark may help in
determining similarity of goods. Furthermore, the goods must have been produce in the same country
by the same person unless the goods produced by the same person are unavailable others’ goods can
be used. The similar goods do not include goods which incorporate or reflect engineering,
development, artwork, design work, and plans and sketches for which no adjustment of the values can
be made.
Question 3
Ndala imported an item from Japan. On the arrival of the item, Ndala could not produce valid documents
acceptable by the Customs Department. For that case, Customs Officers came out with the following
values for such imported item:
Values for identical items:
A – Tshs.40 million
B – Tshs.50 million
C – Tshs.45 million
Values for similar items:
D – Tshs.30 million
E – Tshs.35 million
Customs: 423
F – Tshs.60 million
Required:
Determine the Customs value of the item imported
(d) The customs duties and other national taxes payable in the importing country by reason of
importation or sale of the goods
However, when the imported goods, identical or similar imported are sold in the importing country after
further process, the importer may requests the Commissioner to value the imported goods based on
the unit price at which the imported goods, after further processing, are sold in the greatest
aggregate quantity between independents persons in the importing country after deduction of the
value added by such processing and the deductions items discussed before.
Example
Consider the following price list of goods sold in an importing country after including Tshs3 covering
profit, Commissioner, transport and customs taxes:
20 Tshs10
30 Tshs8
60 Tshs7
100 Tshs5
The greatest number of units sold at a price is 100 so the unit price in the greatest aggregate
quantity is 5.
Question 4
XYZ Ltd imported used items from America which do not qualify for Transaction value or Transaction
value of identical or similar goods. The importer provides you with the following information:
424 Customs
The general expenses and profit of the importer averaged to Tshs 500,000 per item sold.
The importer paid Tshs 250,000 per item to label it in Tanzania.
The total duties and taxes on items from America is 25%
They are sold to retailers as follows
Required:
Calculate the Customs value using deductive method per piece.
(a) the cost or value of materials and fabrication or other processing employed in producing
the imported goods;
(b) an amount for profit and general expenses equal to that usually reflected in sales of goods of
the same class or kind as the goods being valued which are made by producers in the
country of exportation for export to the importing country;
(c) The cost of transport of the imported goods to the port or place of importation into the importing
country except where the importation is made by air; loading, unloading and handling charges
associated with the transport of the imported goods to the port or place of importation into the
importing country; and the cost of insurance.
Subsequently, access to accounting records based on GAAPs is important in applying this method,
which can be done through requiring a producer or any person especially when is not resident in the
importing country to produce such access. Also, a tax authority can verify the information produced
by manufacturer in another country after an agreement with the producer and the allow such an
investigation.
Question 5
Sumbawanga Ltd has imported a specialized high-speed night travel vessel from the Tuwindane
Republic. The information available for the import suggests that only the computed value method can be
used.To complete the valuation process, the following information is available:
Production costs
US $
Direct labour 400
Customs: 425
US $
Direct materials 600
US $
Overheads and profit 320
US $
Freight 600
US $
Insurance 200
Required:
Calculate customs value in USD
(a) The selling price in the importing country of goods produced in the
country;
(b) A system which provides for the acceptance for customs purposes of the higher of two
alternative values;
(c) The price of goods on the domestic market of the country of exportation;
(d) The cost of production other than computed values which have been determined for
identical or similar goods in accordance with computed value method above;
(e) The price of the goods for export to a country other than importing country; (f) Minimum
customs values; or
Calculate
Calculate
Duties Duties
and Taxes
and collected
Taxes collected
throughthrough
customs;customs;
explainexplain
CustomsCustoms
procedures
procedures
for prevention
for prevention
of smuggling;
of smuggling;
determine
determine
offencesoffences
in customs
in customs
operations;
operations;
and describe
and describe
recovery
recovery
measures
measures
used toused
collect
to collect
unpaidunpaid
duties. duties.
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9. Duties
9. Duties
And TaxesAnd Taxes
Collected
Collected
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The purpose
The purpose
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of determining
customscustoms
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imported
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goods isgoods
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is to taxes
chargeontaxes
the imported
on the imported
goods when
goodsthey
when
arethey
taxable.
are taxable.
CustomsCustoms
departmentdepartment
charges charges
three main
three
types
main of types
taxes of
ontaxes
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goods, goods,
Import
duties,
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Excises
duties duties
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Railway
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and development
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goods. goods.
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on Cascadian
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Definitions
Definitions
Customs Customs
import duties
import are
duties
taxes
are
charged
taxes charged
on importation
on importation
of goodsofnot
goods
produced
not produced
in East Africa
in East Africa
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duties are
duties
normally,
are normally,
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on excises
certain excises
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goodsthe
within
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The following
table presents
table presents
how customs
how customs
taxes systems
taxes systems
operatesoperates
Customs Customs
value ofvalue
imported
of imported XXX XXX
goods (ZZZ)
goods
Import duty
Import (ZZZ)
(%duty
x ZZZ)
(% x ZZZ) xxx xxx XXX XXX
Tax baseTaxforbase
exciseforduty(EDB)
excise duty(EDB) xxx xxx
Excise duties
Excise(% duties
x EDB)
(% x EDB) XXX XXX XXX XXX
Railway Railway
and development
and development
levy(%x levy(%x xxx xxx
ZZZ) ZZZ) xxx xxx
Tax baseTaxforbase
VAT(VB)
for VAT(VB) XXX XXX
Value added
Valuetaxadded
(%x tax
VB)(%x VB) XXX XXX XXX XXX
Total duties
Totaland
duties
taxes
and taxes xxx xxx
Customs: 427
Question 6
Mr. Kwanza imported used Toyota Prado from Japan. The necessary details of the transaction for
customs and taxation purposes were as follows:
FOB value US $ 20,000
Freight Charges US $ 1,500
Insurance US $ 100
Import duty 25%
Excise Duty on age 5%
Excise Duty engine capacity 20%
Value Added Tax 18%
Railway and development levy 1.5%
Applicable Exchange rate: Tshs 2,000/US $ 1
Required:
Compute the total import taxes payable by Mr. Kwanza
Question 7
Mention any four possible reasons for imposition of import duty on imported goods.
Definition
Smuggling is an act of importing, exporting or carrying coastwise, or transferring or removing into
or out of a country of goods with intent to defraud the customs revenue or to evade any prohibition or
restriction on, regulation or condition as to such importation, exportation, carriage coastwise,
transfer, or removal, of any goods.
Outright avoidance of official customs controls across the borders: e.g. On Lake Victoria,
overland on road, rail and often through the bush ways. This form of smuggling is generally
associated with highly marketable goods, goods of high tax value, and prohibited or
restricted goods.
Under declaration of goods: This is a circumstance where the importer declares less
quantity on importation documents than the actual goods being imported. This form of
smuggling occurs through customs controls – usually deliberately, on the side of the
importer.
Undervaluation of goods: This is a situation whereby goods are given a lower value than
they actually have. Undervaluation often happens out of ignorance, negligence or
connivance at the customs control. It aids smuggling indirectly.
Misclassification of goods: This means that goods are declared under a different class of
imports particularly to attract lower rates of tax with intent to reduce the tax liability. This
again may happen out of ignorance, negligence or deliberately. This problem also aids
smuggling.
Falsification of documents.
Mis declaration of country of origin.
428 Customs
(i) Loss of revenue: Smuggling is an act of tax evasion which deprives government of
revenue for public expenditure.
(ii) Distortion of market prices: Goods which are smuggled into the country are often sold a
lot cheaper than goods brought onto market through the right procedures. Smuggling
therefore deprives traders of free competition.
(iii) Collapse of local industries: A country achieves better economic growth by developing
its own industrial base. Smuggling under-cuts prices of the locally manufactured goods
thus destroying the market for local products. This leads to collapse of local industries.
(iv) Unemployment: When there is unfair competition in the market, compounded by the
collapsing of industries, the labour market (employment base) is eroded. Many
professionals, skilled and unskilled personnel remain jobless.
(a) Signalling any vessel or aircraft to stop or land for inspection and require the master
of the vessel to facilitate the boarding (Section 149).
(b) To require any aircraft or vessel that is not registered in a partner state to leave the
partner state within 24 hours (Section 150).
(c) To enter upon and patrol and pass freely along any premises other than a dwelling
house or any building. Moreover, they may direct any aircraft, vessel, or vehicle to any
place convenient for search and for any time as the officer deem necessary (Section
151).
(d) To board and search any aircraft or vessel within a partner state and may examine, lock-
up, seal, mark, or secure, any goods on the aircraft or vessel. Moreover, the proper officer
may require goods to be unloaded, or removed, at the expense of the master of such
aircraft or vessel. In case access is not given, force may be used to gain the access
(section152).
(e) To stop any vehicle or on transit vehicle sought to carry any uncustomed goods, search it
or require goods to be unloaded at the expense of the owner of the vehicle. Also force
can be used to gain access when necessary (Section 153).
Customs: 429
(f) To ask any person entering or leaving a country about his or her luggage or anything
carried in it. When the person is leaving or entering the country by a vehicle a proper
officer may ask question to the driver or any person in charge of the vehicle about the
vehicle, goods in it, and documents related to the vehicle and the goods (Section 154).
(g) To search any person who is suspected of having any uncustomed goods but, a
woman officer should search a female suspect and a male suspected must be
searched by male officer. If any uncustomed goods found should be forfeited (Section
155).
(h) To arrest with police coordination when necessary any person who is doing, has done,
or believed to has done an offence within the last year (Section 156).
(i) To enter and search any building at any time suspected of holding uncustomed goods.
Besides, requiring from the owner, or occupier of the building any books, documents or
anything which the customs laws require the owner or occupier to keep. And either
examine, make copies, seize them, ask questions about them, require container opened,
take samples, lock up, seal or secure the building, room, place, tank or container.
Uncustomed goods found in the search might be captured and taken away (Section 157
(j) To ask for search warrant from any magistrate to search a building/ premises for
uncustomed goods with police officer assistance (Section 158).
The following is comprehensive list though not exhaustive of offences according to East Africa
Customs Management Act 2004 it. Criminalizing these acts help in enforcing customs laws.
2. It an offence to disclose any information obtained during performance of customs duties except
in court of law providing witness, a penalty of not more than 2500 dollars or sentence not more
than 3 years or both on conviction (Section 9(4)).
3. It is an offence to trespass or leave without following required procedures any customs area or
customs airport or bring or take out any goods from the areas. In any contravention, the person,
vehicle or goods involved might be detained for investigation also a fine of not more than one
1000 dollars is payable and any goods involved forfeited (Section 15).
4. It is an offence to conspire with others to commit crimes a sentence of not more than 5 years is
430 Customs
5. It is a crime to shoot at any aircraft, vessel or vehicle, or an officer on duty and the
crime attract imprisonment not exceeding 20 years (Section 195(1)).
6. It is also a crime to act against custom laws or carry any goods liable for forfeiture while armed
after conviction a sentence of not more than 10 years may be imposed (Section 195(2)).
7. A person who commits a crime under this Act is disguised any way and while being so disguised,
is found with any goods liable for forfeiture under this Act, commits an offence, shall be punishable
by imprisonment for a period of not exceeding 3 years.
8. It is a crime committing a crime while disguised or carrying any goods liable for forfeiture while
disguised a sentence not exceeding 3 years is imposed after conviction (Section 194(3)).
9. It is an offence to staves, breaks, destroys or throws overboard from any aircraft, vessel or
vehicle any goods for the purpose of preventing the seizure or securing of any goods; or rescues
any person arrested for any offence; or in any way obstructs.
10. It is an offence illegally removing any customs seal from a ship, an aircraft, vehicle, train or
package, and the offender may go to jail for term not exceeding 3 years or pay a fine not
exceeding 2500 dollars or to both (Section 195).
11. It is an offence to procure or induces, or authorises another person to procure or induce, any
other person to commit or assist in the commission of any offence under customs laws on
conviction a sentence not exceeding 1 year may be imposed (Section 196).
12. It is an offence to warn offenders who might have be apprehended without the warning on
conviction a sentence not exceeding 2 years or a fine not exceeding 2,500 dollars or both (Section
197).
13. It is an offence to impersonalize a proper officer; on conviction a sentence not exceeding not 3
years is imposed besides other punishments on other offences (Section 198).
14. It is an offence not stopping a vessel or aircraft when required to do so by proper officer upon
conviction a penalty not exceeding 2000 dollars and the vessel forfeited if it has less than 250 tons
exceeding two thousand register. While, a fine not exceeding 5000 dollars and the aircraft or
vessel detained until the fine is paid or security given is payable where an aircraft or of a vessel of
250 tons register or more is involved in this offence (Section 149(4)).
15. It is an offence concealing, smuggling, throwing overboard, destroying or staving any goods to
prevent seizure; or importing, or carrying coastwise, or exporting any goods contrary to the East
Africa Community Management Act 2004. Upon conviction a penalty not exceeding 7000 dollars
and goods and the vessel forfeited if it has less than 250 tons exceeding two thousand register.
While, a fine not exceeding 10,000 dollars and the aircraft or vessel detained until the fine is paid
or security given is payable where an aircraft or of a vessel of 250 tons register or more is involved
in this offence . Also in case of vehicle the person in charge of the vehicle is fined a penalty not
exceeding 5000 dollars and the vehicle and goods forfeited (Section 199).
Customs: 431
16. It is offence to imports, export, acquire, unload, or carry coastwise any prohibited, uncustomed
or any restricted goods contrary to required conditions (b) unloads after importation or carriage
coastwise. After conviction a penalty of 50% of the dutiable value involved is payable or a term
not exceeding 5 years or both (Section 200).
17. It is an offence to imports or exports any concealed goods to deceive any officer. Upon conviction
sentence not exceeding 5 years or to a fine equal to 50% of the value of the goods involved is
payable (Section 202).
20. It is an offence to cuts away, casts adrift, destroys, damages, defaces, or in any way interferes
with, any aircraft, vessel, vehicle, buoy, anchor, chain, rope, mark, or other thing on customs
enforcements. A fine not exceeding 2,500 dollars is payable after conviction (Section 205).
21. It is an offence failing to reports a discovery of any uncustomed goods on land or floating upon, or
sunk in, the sea, to the nearest officer. After conviction a penalty not exceeding 2,500 dollars is
payable besides forfeiting the goods involved (Section 206).
22. It an offence to aid, abets, counsel or procure the commission of any offence the doer commit the
same offence and attract the same penalties under the offence (Section 208).
23. It is an offence seizing goods liable for forfeiture for personal gains, upon conviction a
sentence not exceeding 3 years is served or a fine not exceeding 2000 dollars or to both (Section
213).
26. Failure to leave the partner state as required without reasonable excuses attract, a penalty of not
exceeding
2000 dollars and the vessel being forfeited if it has less than 250 tons register. Whereas, a
fine not exceeding 5000 dollars and the aircraft or vessel detained until the fine is paid or security
given is payable where an aircraft or of a vessel of 250 tons register or more is involved in this
offence (Section 150(2)).
432 Customs
27. It is an offence to fail to provide food and accommodation of officer who is searching the vessel
or aircraft for long period a fine of not exceeding 1000 dollars is payable (Section 152(3)).
28. It is an offence to temple with goods which are found on vessel or aircraft a penalty of equal to
10% of the dutiable value of the goods is payable (Section 152(6)).
29. It is offence to impersonalize a proper officer and opens, breaks, or in any way interferes with any
lock, seal, mark or other fastening placed any building, room or place a sentence not exceeding 3
years is imposed of penalty not exceeding 2500 dollars is payable (Section 157). When goods
disappear in a sealed premise the owner or occupier is liable to penalty of 25% of the value of the
goods or to imprisonment for a term not exceeding five years (Section 157(5)).
2. Detaining goods under customs control until duties are paid and after two months of detention
goods might be sold to cover the duties (Section 130(2)).
3. Levying distress over goods, chattels and effects, material for manufacturing or plant of a factory,
premises, animals, vehicles or other property of the debtors or their agents or other related persons
when a duty is payable after court proceeding or a penalty is not paid one month after the due
date of payment (Section
130(3)). The items distressed can be kept at owner’s costs for 14 days or till the taxes and
keeping costs are paid before those 14 days, otherwise the goods might be sold (Section 130(6)).
Subsequently, the proceeds from the sale first goes to payment of the taxes due, second, to
payment of any fine imposed for non-payment of the taxes, if any, third to payment of the expenses
or other charges for levying of distress and for the sale and finally the balance of the proceeds if
any, goes to the owner when the owner make application of the residual the Commissioner within
12 months from the date of the sale of the item (Section 130(7).
4. Appointing any person to be an agent of another person, where the former owes or is about to pay
money to the latter, holds money for or on account of the latter, holds money on account or some
other person for payment to the latter, has authority from some other person to pay money to the
latter holds dutiable goods belonging to the latter. However, the appointed person if think
cannot act as agent must inform the Commissioners of that decision by giving reasons. The
appointed agent might be required to provide an account of any moneys or goods held by him/her
within thirty 30 days from the date of notice. In addition, the notice may require the agent pay
duty owed within thirty days of the date of service of the notice on him or her, or, of the date on
which any moneys came into his or her hands or become due by him or her to his or her principal,
whichever is the earlier. Failure to pay the duty as required, the owed duty become the liability of
the appointed from the date when such duty should have been paid (Section 131).
5. Holding land or buildings as security for the duty or tax payable (Section 132).
Customs: 433
AnswerAnswer
to Self-Test
to Self-Test
QuestionQuestion
AnswerAnswer
to TY 1 to TY 1
(a) (a)
The benefits
The benefits
of usingofa using
Customs
a Customs
BondedBonded
Warehouse
Warehouse
are: - are: -
On-site storage;
On-site storage;
Just-in-time
Just-in-time
delivery delivery
for both for
manufacture
both manufacture
and general
and general
trade; trade;
Less cashLess
tiedcash
up intied
duties
up inand
duties
taxes;
and taxes;
DeferredDeferred
paymentpayment
of taxes of taxes
(b) (b)
There are
There
twoare
(2) two
types
(2) oftypes
bonded
of bonded
warehouses.
warehouses.
The areThe Private
are Private
and Publicand Bonded
Public Bonded
Warehouses.
Warehouses.
The Private
The Warehouses
Private Warehouses
are licensed
are licensed
for the storage
for the storage
of the licensee’s
of the licensee’s
goods while
goods while
the general
the general
bonded bonded
warehouses
warehouses
are licensed
are licensed
to store to
goods
storefor
goods
all traders.
for all traders.
(c) (c)
To be licensed,
To be licensed,
the applicant
the applicant
should make
should anmake
application
an application
to the commissioner
to the commissioner
accompanied
accompanied
by a by a
plan of the
planpremises
of the premises
and its situation
and its situation
or location.
or location.
The license
The will
license
be issued
will beon
issued
payment
on payment
of the of the
prescribed
prescribed
license license
fee if the
feeCommissioner
if the Commissioner
is satisfied
is satisfied
that, thethat,
situation,
the situation,
construction
construction
of an of an
accommodation
accommodation
in the premises
in the premises
proposed proposed
are suitable
are suitable
for use foras ausebonded
as a bonded
warehouse.
warehouse.
An An
annual license
annual fee
license
of US$1500
fee of US$1500
will be charged.
will be charged.
(d) (d)
No, the bonded
No, the bonded
warehouse
warehouse
license islicense
not transferable
is not transferable
(e) (e)
The records
The records
kept in kept
a bonded
in a bonded
warehousewarehouse
include include
but are but
not are
limited
not to;
limited
the to;
nametheofname
the of the
aircraft/vessel
aircraft/vessel
or the registration
or the registration
number number
of the vehicle
of the which
vehicleimported
which imported
the goodstheas
goods
the case
as the case
may be,may the name
be, theofname
the importer,
of the importer,
number number
of packages,
of packages,
value andvalue
particulars
and particulars
of the goods.
of the goods.
In In
case of post
caseparcel
of postarticles,
parcel articles,
the post the
parcel
postreference
parcel reference
number number
will also will
be included.
also be included.
AnswerAnswer
to TY 2 to TY 2
Determination
Determination
of customs
of customs
value using
value
Transaction
using Transaction
value method
value method
STG STG
Price paid
Price paid 340,000340,000
Brokerage
Brokerage
charges charges 1,200 1,200
Selling Commissions
Selling Commissions 300 300
Buying Commissions
Buying Commissions
(N/A) (N/A) - -
Subsequent
Subsequent
proceeds
proceeds 120,000120,000
Freight 45,000
Insurance 17,000
526,320
Answer to TY 3
If the transaction value method (method 1) fails the next method to apply is the transaction
value of identical goods (method 2)
In case of identification of several transaction values of identical goods, the lowest value
should be used to value the imported goods.
Hence the customs value of the imported item =Tshs 40 million
Answer to TY 4
Determination of customs value using deductive value method
The greatest number of units sold at a price is 100 so the unit price in the greatest aggregate
quantity is 5,000,0000
Hence customs value= Tshs 5,000,000 – 500,000 GE&P – 250,000 labeling = Tshs
4,250,000
Duties and taxes are 25%
X =Custom Value
X + (X *0.25) = Tshsh 4,250,000
4,250,000 / 1.25 = Tshs 3,400,000
Therefore customs value = Tshs 3,400,000
Answer to TY 5
Determination of customs value using computed value method
US $
Production costs
Direct labour 400
Direct materials 600
Overheads and profit 320
Freight 600
Insurance 200
Customs value 2,120
Customs: 435
Answer to TY 6
(ii) Calculation of CIF/Customs value
FOB price 20,000
Insurance 100
CIF/customs value 21,600
67,500,000
Railway and Development
levy(1.5%x 43,200,000) 648,000 648,000
Tax base for VAT(VB)
68,148,000
Value added tax
(18%*68,148,000) 12,266,640 12,266,640
Total duties and taxes
34,514,640
Answer to TY 7
Four possible reasons for imposition of import duty on imported goods
1. To safeguard local industries
2. Security reasons
3. To safeguard endangered species
4. Agricultural reasons
5. To raise government revenue
436 Customs
Self-Examination Question
Question 1
Mizengwe Importers Ltd (MIL) of Tanga Tanzania, imported goods that are as per East African Community
Customs Management Act (EACCMA) 2004, restricted goods. MIL did observe all requirements regarding
importation of restricted goods. Such goods arrived at Tanga Port on January 3, 2018. The Commissioner of
Customs gave several notices and decided to sell the goods by public auction. The goods were sold for
Tshs22,700,000. MIL had the following obligations to settle:
Required
(a) Given the above receipts and obligations, determine how the proceeds of sale may be
distributed
(b) To whom the balance, if any, is supposed to be paid to?
Question 2
Tabora Gold Traders of Tabora Tanzania imported used goods from Taiwan. The cost of the car
includes:
Cost (FOB) USD 3,500
Sea freight USD 1,800
Insurance USD 100
Upon arrival of the car at Dar es Salaam, Harbour on March 29, 2018 the customs offices issued
assessment that in fact was based on the customs value that is higher than the actual CIF value by
10%. The following rates were applicable at the date of assessing the car for duty and taxes purposes.
Import duty on the car 20%
Required:
(a) Compute the customs value in USD had the customs office not uplifted the value of
the goods
(b) Compute total duties and taxes payable based on uplifted value in Tanzania shillings.
Question 3
Define the following terms as applied in reference to the East African Community Customs
Management Act, (EACCMA) 2004.
Question 4
Ndala imported an item from Japan. On the arrival of the item, Ndala could not produce valid documents
acceptable by the Customs Department. For that case, Customs Officers came out with the following
values for such imported item:
Values for identical items:
A – Tshs.40 million
B – Tshs.50 million
C – Tshs.45 million
Values for similar items:
D – Tshs.30 million
E – Tshs.35 million
F – Tshs.60 million
The cargo is subject to 25% import duty, 10% excise duty and 18% VAT and 1.5%
Railway and development levy.
Required
Compute the amount of import duty, excise duty and VAT on importation of this item.
Question 5
For the purpose of determining the value for duty purposes for customs duty on imported goods, there
are six methods that are used. The basic method used is known as the transaction value method.
Required:
(i) Explain what is meant by transaction value for customs duty purpose.
(ii) State four (4) conditions that should be met in order for the transaction value method to be
used.
(iii) Describe three (3) other methods that may be used to value imported goods.
438 Customs
Question 6
(a) Briefly describe any FIVE goods which are under custom control as stipulated in the East African
Community Customs Management Act, 2004
(b) Briefly explain what is Customs Union and outline any five main features of the recently formed
EAC Customs Union.
Question 7
(a) Mention any four types of entries for imported goods as stipulated under section 34 of the East
African Community Customs Management Act 2004.
(b) Briefly explain how the value of goods for export is determined as per the East African Community
Customs Management (EACCM) Act 2004.
Question 8
(a) Explain briefly, four duties of bonded warehouse officer.
(b) Rules of origin are the criteria needed to determine the national source of a product.
Their importance is derived from the fact that duties and restrictions in several cases depend
upon the source of imports. The East African Community (EAC) has its origin criteria which are
used to determine the source of goods.
Required:
Discuss the origin criteria which determine where the goods originate within East African
Community member states.
Question 9
(a) Giving at least one example, briefly explain the term “economic integration”.
(b) Explain the stages of economic integration
(c) For the purpose of prevention of smuggling, the EAC Customs Management Act 2004 grants
several powers for customs proper officers to effect the provisions of the Act in this regard.
Required:
State four powers granted to the proper officer for prevention of smuggling.
(d) State the conditions that must be satisfied for temporary imports to be exempted from import duty.
Question 10
(a) The Second Schedule of the EAC Customs Management Act, 2004, contains a list of prohibited
goods and restricted goods.
Required:
With examples, provide a brief explanation of the following terms:
(b) Explain five reasons for imposition of import prohibitions and restrictions.
Customs: 439
Question 11
“Smuggling of goods to and from neighbouring countries is a problem to the Tanzania economy”.
REQUIRED
(a) Explain with reasons why illegal cross border trade or business has thrived despite government
measures and efforts to prevent it.
(b) Suggest ways and means which may help to prevent the problem of smuggling across Tanzania
national borders.
(c) Describe briefly the powers of Customs’ Officers and their agents to prevent smuggling.
Question 12
(a) All transit goods are under customs control and the Commissioner General appoints roads or routes
in the country over which goods in transit shall be conveyed. Why is customs control of transit goods
necessary?
(b) Differentiate between ‘green channel’ and ‘red channel’ as used in the East African Community
Customs Management Act, 2004
(c) Mention any four possible reasons for imposition of import duty on imported goods.
Question 13
(a) Briefly describe the role of the customs and excise department of the Tanzania Revenue
Authority (TRA).
(b) Mention four (4) taxes on international trade that are administered by the customs and excise
department.
(c) The East African Community Customs Management Act, 2004 is resourceful on the procedures
to be followed for movement of goods, persons and means of transport directly incoming or
outgoing from a partner state passing from one partner state to another from foreign and
between members of the partner states.
Required:
(ii) What are the provisions under East African Community Customs Management Act, 2004
dealing with loading and transfer of goods coastwise?
Question 14
Bonded warehousing is one of the ways by which the Commissioner for Customs and Excise facilitates
trade as it helps to improve the liquidity position of importers by making it possible for import duties to be
payable on small quantities that are withdrawn from the bonded warehouses.
Required
(1) Define the following terms in relation to import duties: -
(i) Bonded Warehouse
(ii) Customs Warehouse
(iii) Bond
(2)Identify any four types of goods that are not allowed to be deposited in bonded
warehouses.
(3)All transit goods are under customs control and the Commissioner General appoints
roads or routes in the country over which goods in transit shall be conveyed. Why is
customs control of transit goods necessary?
440 Customs
Question 15
Explain the following terms as used in customs valuation of imported goods liable to ad-valorem import
duty:
(i) Transaction value
(ii) Transaction value of similar goods
(iii) Deductive value
(iv) Computed value
Question 16
Importation of courier and post parcels items is governed by Section 36(1b) of the East African
Community Customs Management Act (EACCMA), 2004 (Revised in 2009).
Required:
(a) Describe clearance procedure of post parcel as per the East African Community Customs
Management Act (EACCMA), 2004 (Revised in 2009).
(b) What are the main challenges faced in the process of importing/exporting courier and post parcel
items in Tanzania?
Answer to SEQ 1
(i) There is order of payment is presented in the table below.
I Tshs
t
e
m
Proceeds s 22,700,000
Order of payments:
Duties 12,500,000
Balance
10,200,000
Removal and sales expenses
2,600,000
Balance
7,600,000
Rent and other expenses at warehouse
7,600,000
Balance -
Port charges -
Freight charges -
Others expenses -
(viii) There is no balance left as the proceeds cannot cover all of the expenses
Customs: 441
Answer to SEQ 2
(a) Customs values of imported goods in USD without uplifting
USD
Cost 3,500
Freight 1,800
Insurance 100
Total 5,400
(b) Compute total duties and taxes payable based on uplifted value in Tanzania shillings.
Un-uplifted customs value 5,400
Uplifting (10% ×5,400) 540
Uplifted value 5,940
15,681,600
16,465,680
16,661,700
Answer to SEQ 3
(i) Sufferance wharf means any place, other than an approved place of loading or unloading at
which the
Commissioner may allow any goods to be loaded or unloaded.
(ii) Duty drawback means a refund of all or part of any import duty paid in respect of goods exported
or used in a manner or for a purpose prescribed as a condition for granting duty drawback.
(iii) Export processing zone means a designated part of customs territory where any goods
introduced are generally regarded, in so far as import duties and taxes are concerned, as
being outside Customs territory but are restricted by controlled access.
442 Customs
Answer toAnswer
SEQ 4 to SEQ 4
Customs Customs
value value 40,000,000
40,000,000
Import duty
Import
(25%×40,000,000)
duty (25%×40,000,000) 10,000,000
10,000,000 10,000,000
10,000,000
50,000,000
50,000,000
Excise duty(
Excise
10%duty(
×50,000,000)
10% ×50,000,000) 5,000,0005,000,000 5,000,0005,000,000
55,000,000
55,000,000
Railway and
Railway and
development(1.5%×40,000,000)
development(1.5%×40,000,000) 600,000 600,000 600,000 600,000
55,600,000
55,600,000
Value added
Value added
tax(18%×55,600,000)
tax(18%×55,600,000) 10,008,000
10,008,000 10,008,000
10,008,000
25,608,000
25,608,000
Answer toAnswer
SEQ 5 to SEQ 5
(i) The
(i) term transaction value is used
The term transaction value to isrefer
used to to
the actual
refer price
to the paid price
actual or payable
paid or inpayable
respect inofrespect of
imported goods,
imported including
goods, insurance, freight andfreight
including insurance, other and
incidental charges tocharges
other incidental the extent thatextent that
to the
they have theybeenhave
paid.been paid.
(ii) In(ii)
order for the transaction
In order value to be
for the transaction valueusedto for customs
be used for duty
customspurposes, the following
duty purposes, the following
conditionsconditions
should be should
met. be met.
There should
Therebe should
no restrictions to the use to
be no restrictions of the
the use
goods.
of the goods.
There should
Therebe should
no conditions to deter the
be no conditions to determination of the VDPof the VDP
deter the determination
No part of No
thepart
proceeds
of the on resale would
proceeds on resaleaccrue
would to seller,
accrueunless included
to seller, unlessinincluded
the value.in the value.
No relationship exists to influence
No relationship exists to the value. the value.
influence
(iii) Three
(iii) other methods
Three otherthat may be
methods used
that maytobe value
usedimported
to valuegoods
importedinclude:
goods include:
Transaction value of value
Transaction identical goods-thisgoods-this
of identical is the price of identical
is the price of goods
identical imported
goods by imported by
another importer
anotherinto Tanzania
importer from the same
into Tanzania from the source
same including
source insurance, freight andfreight
including insurance, other and other
incidental incidental
costs. costs.
Transaction value of similar
Transaction value of goods.
similar goods.
This is theThis
priceis of
thesimilar
price goods imported
of similar goods by anotherby another
imported
importer into Tanzania
importer from the from
into Tanzania samethe source,
same including, insurance,insurance,
source, including, freight and otherand other
freight
incidental incidental
costs. costs.
Deductive Value-thisValue-this
Deductive is the priceisatthewhich
priceidentical
at whichoridentical
similar goods
or similararegoods
sold inaretheir quantity
sold in their quantity
in Tanzania. in Tanzania.
Computed value- thisvalue-
Computed is thethis
priceis based
the price on based
the cost onofthe production, insurance,insurance,
cost of production, freight andfreight and
other incidental costs.
other incidental costs.
Customs: 443
Answer to SEQ 6
(a) The following goods shall be subject to Customs control
(i) Imported goods, including goods imported through the Post Office, from the time of
importation until delivery for home consumption or until exportation, whichever first
happens;
(ii) Goods under duty drawback from the time of the claim for duty drawback until
exportation;
(iii) Goods subject to any export duty from the time when the goods are brought to any port
or place for exportation until exportation;
(i) Goods subject to any restriction on exportation from the time the goods are brought to
any port or place for exportation until exportation;
(ii) Goods which are with the permission of the proper officer;
(iii) Goods on board of any aircraft or vessel whilst within any part or place in a Partner
States;
(iv) Imported goods subject to duty where there is a change of ownership over such goods
from an exempt person to a non-exempt person.
(b) The Customs Union is the first stage in the process of economic integration though in theory of
economic integration; A Customs Union is supposed to be the third stage of integration after
Preferential Trade Area and a Free Trade Area. The EAC Treat provides that the Customs Union
shall be followed by the Common Market then a Monetary Union and subsequently a Political
Federation. The EAC Customs Union encompasses three States; Uganda, Kenya, and
Tanzania.
The main features of a Customs Union include the following (any five):
(i) A common set of import duty rates applied on goods from third countries (Common
External Tariff, (CET);
(ii) Duty-free and quota-free movement of tradable goods among its constituent customs
territories;
(iii) Common safety measures for regulating the importation of goods from third parties such
as phyto-sanitary requirements and food standards.
(iv) A common set of customs rules and procedures including documentation;
(v) A common coding and description of tradable goods (common tariff nomenclature; CTN);
(vi) A common valuation method for tradable goods for tax (duty) purposes (common
valuation system);
(vii) A structure for collective administration of the Customs Union.
(viii) A common trade policy that guides the trading relationships with third countries/trading
blocs outside the Customs Union i.e. guidelines for entering into preferential trading
arrangements such as Free Trade Area’s etc. with third parties.
Answer to SEQ 7
(a) The following are types of entries according to section 34 of the East African Customs
management Act:
444 Customs
(ii) Transport and all other charges up to the time of delivery of the goods on board the
exporting aircraft or vessel or at the place of exit from the Partner state
(2) Where cost of the goods cannot be determined, the cost of similar or identical goods
exported from a Partner State at or about the same time.
(3) Where the value of the goods cannot be determined under (1) & (2) above, then the
proper officer may determine the value of such goods
Answer to SEQ 8
(a) Any four duties of bonded warehouse officer:
(i) To ensure that warehouse licensee gives delivery of goods only against approved
warrants.
(ii) To ensure that the landing Account Books are being kept securely, properly maintained
and up to date all the times.
(iii) The weekly submission of certificate of receipt
(iv) To ensure that the warehouse keeper complies with all provisions related to warehousing
of goods as per EACCMA 2004
(v) To notify the collector of the failure to deposit goods so entered within the prescribed
period.
(vi) To ensure that all damaged and slack packages are reported at once in view of speedy
repair
(vii) Ensuring that all goods entered for warehousing are deposited into warehouse
(b) Goods shall be accepted as originating in a Partner State where they are consigned directly from
a Partner State to a consignee in another Partner State and where:
(i) they have been wholly produced as provided for in Rule 5 of these Rules;
(ii) they have been produced in a Partner State wholly or partially from materials imported from
outside the Partner State or of undetermined origin by a process of production which effects a
substantial transformation of those materials such that:
Customs: 445
(iii) the c.i.f. value of those materials does not exceed sixty per centum of the total cost of the
materials used in the production of the goods:
the value added resulting from the process of production accounts for at least thirty
five per centum of the ex-factory cost of the goods as specified in the First Schedule
to these Rules; and
(iv) the goods are classified or become classifiable under a tariff heading other than the tariff heading
under which they were imported as specified in the Second Schedule to these Rules.;
Answer to SEQ 9
(a) Economic integration refers to the action of a group of nations towards elimination of all or some of
barriers to trade. Economic integration includes also cooperation in some economic affairs jointly
by member countries.
Examples of economic integration are EAC, COMESA, SADC, ECOWAS or any other relevant
example.
(i) Free trade area, that is; where the member countries agree to reduce the barriers to trade
and among themselves, whereas member country is free to impose any barrier to countries
which are non-members.
(ii) Customs union where member countries remove all trade barriers among themselves and
impose a common external tariff to non-member countries.
(iii) Common market which is a stage of economic integration where in addition to meeting
requirements of the customs union there is free mobility of factors of production such as
labor between member countries.
(iv) Total or political integration which is a stage where member countries cooperate in all
economic and political matters. Example is having one assembly, one president, etc.
(c) In sections 149-159 the EAC Customs Management Act 2004 grants the following powers to the
proper officer:
Power to board vessels
Power to require vessels to depart
Power to search premises
Power to enter upon and patrol and pass freely along premises other than dwelling house
Power to search persons
Power to arrest
Power to require production of books
Power to stop vehicle suspected of conveying un-customed goods.
446 Customs
(d) The conditions that must be satisfied for temporary imports to be exempted from import duty:
The proper officer is satisfied that the goods are imported for temporary use;
The owner pays appropriate deposit or provides security;
The goods are exported within 12 months from the date of importation.
Answer to SEQ 10
(a) Prohibited Vs Restricted Goods
(i) Prohibited goods are those goods whose importation is not allowed. Examples include
sedition materials, pornographic materials and narcotics
(ii) Restricted goods: are those goods whose importation is not allowed unless
certain conditions are made. Examples include tortoise shells, arms and ammunition,
and nuclear reactors.
(b) Reasons for imposition of prohibitions and restrictions
Political reasons: Importations of seditious publications that may entice the public to
revolt from lawfully elected government are prohibited, for political reasons
Economic reasons: Importation of false money and counterfeit currency notes and
coins is prohibited, for their adverse impact on performance of the economy.
Security reasons: Importation of lethal weapons, silencers, fire arms, and flick knives
are prohibited for the danger they pose to security.
Agricultural reasons: The importation of plants, seedlings, seeds of sowing and game
animals is restricted for agricultural development reasons.
Answer to SEQ 11
It is true to say that smuggling is a serious problem to the Tanzanian economy because it results into tax
loss to the government; it creates shortages of goods which results into high prices for the reduced
supply of goods in the country from which the goods are smuggled. Also, it creates corruption and weak
enforcement machinery, hence low probability of detection.
Allow free trade. Formation of the East Africa Community (EAC) is a step in the right
direction.
Eliminate or lower import duty and simplify import regulations.
Increase efficiency of TRA to prevent smuggling and tax evasion by apprehending
smugglers and punishing them.
Increase the level of production as a long-term solution.
Cumbersome/difficult import regulations and high import duty.
Customs: 447
Allow free trade. Formation of the East Africa Community (EAC) is a step in the right
direction.
Eliminate or lower import duty and simplify import regulations.
Increase efficiency of TRA to prevent smuggling and tax evasion by apprehending
smugglers and punishing them.
Increase the level of production as a long-term solution.
Apprehend smugglers
Impound smuggled goods and auction them.
Impose fines, penalties and prosecute smugglers.
Answer to SEQ 12
(a) Customs control of transit goods is necessary to ensure that goods that are destined to foreign
countries through the territory of the United Republic of Tanzania are not entered for home
consumption.
(b) Green channel means that part of the exit from any customs arrival area where passengers arrive
with goods in quantities or values not exceeding those admissible; while Red channel means that
part of the exit from any customs arrival area where passengers arrive with goods in quantities or
values exceeding passenger allowance.
(c) Four possible reasons for imposition of import duty on imported goods
6. To safeguard local industries
7. Security reasons
8. To safeguard endangered species
9. Agricultural reasons
10. To raise government revenue
Answer to SEQ 13
(a) Role played by customs and Excise Department in Tanzania.
Customs and Excise Department administers all taxes and duties on international trade in
accordance with the Customs and Excise laws of the country. It also has a responsibility of
controlling prohibited and restricted items/goods imported into the country through the borders,
seaports and airports. The department is also responsible for compilation of trade statistics and
facilitation of intentional trade.
(b) Taxes on international trade administered by the Customs and Excise Department are:
Import duty
Excise Duty on imports
Valued Added Tax on import, and
Suspended Duties (additional Duties on certain imported goods to address dumping
practices.
(c) (i) Carriage coastwise when goods conveyed by land, by air or by sea from any part of partner
states to any other part thereof are deemed to be carried coastwise any aircraft or vessel,
whether in ballast or conveying such goods by air or by sea shall be deemed to be as
coasting aircraft or coasting vessel as the case may be.
(ii) Conditions under section 99 of EACCMA,2004 dealing with loading and transfer of goods
coastwise are:
Goods shall not be loaded or unloaded from aircraft or vessel for carriage coastwise at
any time what so ever except as prescribed by the commissioner.
Goods for carriage coastwise or transfer shall not be unloaded from or loaded on to
any aircraft or vessel except at an approved place of loading or sufferance wharf.
All goods, which have been unloaded or landed from coasting vessel or coasting
aircraft, shall if the proper officer require, be conveyed forthwith to a Customs area or
transit shed.
All goods which have been transferred by road shall if the proper officer so requires be
conveyed forthwith to Customs house or to such other place as the proper officer may
direct.
any time what so ever except as prescribed by the commissioner.
Goods for carriage coastwise or transfer shall not be unloaded from or loaded on to
any aircraft or vessel except at an approved place of loading or sufferance wharf.
All goods, which have been unloaded or landed from coasting vessel or coasting
448 Customs
aircraft, shall if the proper officer require, be conveyed forthwith to a Customs area or
transit shed.
All goods which have been transferred by road shall if the proper officer so requires be
conveyed forthwith to Customs house or to such other place as the proper officer may
direct.
(iv) Transire is a document used as manifest to carry goods coastwise or transfer of goods
coastwise as in accordance with section 98. For the control purposes, the master or agent of
any aircraft or vessel intending to depart coastwise or carrying good for transfer , shall deliver
to the proper officer the transpire for the carriage of the goods specified therein. This is
normally used as the certificate of clearance for such aircraft or vessel for the coastwise
voyage.
Answer to SEQ 14
(i) Definitions
– A bonded Warehouse is any warehouse licensed by the Commissioner for Customs
and Excise for the deposit of dutiable goods on which duty has not been paid, and
which have been entered for warehousing.
– A Customs Warehouse is any place approved by the Commissioner for Customs and
Excise for the deposit of un-entered, un-examined, detained or seized goods for the
security of those goods or for the security of duty payable on them.
– A bond is a legal contract executed under seal whereby parties to such contract bind
themselves to pay a specified amount of money if any of the conditions of the
contract are not fulfilled.
(iii) Customs control of transit goods is necessary to ensure that goods that are destined to foreign
countries through the territory of the United Republic of Tanzania are not entered for home
consumption.
Answer to SEQ 15
(i) Transaction value of imported goods is the price actually paid or payable for the goods when
sold for export to the partner state adjusted according to adjustments stipulated under paragraph
9 of the 4th schedule to the EAC Customs Management Act 2004.
(ii) Transaction value of similar goods: According to paragraph 4 of the 4th schedule of the Act
mentioned in (i) above, is the price of similar goods imported to Partner States at or about the
same time as the goods being valued. It is used when transaction value and transaction value of
identical goods are not available. If more than one transaction value is found, the lowest value
should be used. Adjustment is required to be made to take account of significant differences in
consumption.
Answer to SEQ 15
(i) Transaction value of imported goods is the price actually paid or payable for the goods when
Customs: 449
sold for export to the partner state adjusted according to adjustments stipulated under paragraph
9 of the 4th schedule to the EAC Customs Management Act 2004.
(ii) Transaction value of similar goods: According to paragraph 4 of the 4th schedule of the Act
mentioned in (i) above, is the price of similar goods imported to Partner States at or about the
same time as the goods being valued. It is used when transaction value and transaction value of
identical goods are not available. If more than one transaction value is found, the lowest value
should be used. Adjustment is required to be made to take account of significant differences in
cost and charges between the imported goods and the similar goods in question arising from
differences in distances and modes of transport if costs and charge, under paragraph 9(2) are
included in the transaction value.
(iii) Deductive Value: This is the unit price at which the imported goods or identical or similar
imported goods are so sold in the greatest aggregate quantity at or about the time of the
importation of the goods being valued to the persons who are not related to the persons from
whom they buy such goods subject to deductions for the following:
Sales Commission paid/payable
Profit added
General expenses added
Transport, insurance at other related costs incurred in Partner States.
Customs duties and other national taxes payable in Partner States by reason of
importation or sale of goods.
Costs and charges under paragraph 9(2) of the 4th schedule of EAC Customs
Management Act 2004 where appropriate.
(iv) Computed Value: This is the value obtained by computing the cost of production in the country
of supply (export) basing on the following (i.e. total of the following):
Answer to SEQ 16
(a) Clearance Procedure of Post Parcel
Postal Office records all imported or goods intended to be exported through Post Parcel
advice (Form P 195)
Original copy of form P 195 is sent to the Addressee
Duplicate copy is sent to Customs for Clearance
Counterfoil remains with Postal authority for record purpose
On receipt of Duplicate P195 form, Customs records details shown on form P195 in a
register.
On the side of the importer, upon receipt of the original copy of P 195 from the post office
he/she submits a photocopy of his/her identity card to the Post office
The postal office brings the parcel to Customs Counter
The importer lodges declaration (form CN23), P 195, invoice, packing list and permit (if
required) at the Customs counter.
Customs officer examines the documents and the parcel to verify type of goods, quantity,
weight and value in the presence of the owner and the Postal official.
Customs officer issue tax assessment Importer pays the assessed taxes and is
Issued with a TRA Receipt and duplicate P 195.
Importer present TRA receipt and duplicate P 195 to Post office which releases the
parcel.
(b) Challenges faced in the process of importing/exporting courier and post parcel items in
Tanzania.
Delay in clearance of parcels which needs import/export permits from other government
institutions (OGD’s)
Most OGD’s such as Tanzania Food and Drug Authority (TFDA, Private Health
Laboratory Board (PHLB), Government Chemistry and Laboratory Agents (GCLA) do not
work on Saturday thus delaying processing of goods imported by Courier companies.
Review of de-minimus value
Customs officer issue tax assessment Importer pays the assessed taxes and is
Issued with a TRA Receipt and duplicate P 195.
Importer present TRA receipt and duplicate P 195 to Post office which releases the
parcel.
450 Customs
(b) Challenges faced in the process of importing/exporting courier and post parcel items in
Tanzania.
Delay in clearance of parcels which needs import/export permits from other government
institutions (OGD’s)
Most OGD’s such as Tanzania Food and Drug Authority (TFDA, Private Health
Laboratory Board (PHLB), Government Chemistry and Laboratory Agents (GCLA) do not
work on Saturday thus delaying processing of goods imported by Courier companies.
Review of de-minimus value
The minimum threshold value or deminimus value currently applicable for cargo imported
in Tanzania of US$3 is very low and is not trade facilitative. This is because the large
percentage of items imported by courier services companies have low values ranging
from US$5-20. Although the value are very low, we’re required by the law to collect
duties and taxes on them.
Delay caused by frequent power cut off and system down time
Growth of e-business
Non automation of post offices and OGDs.
Appointment of Clearing agents firms to clear items imported by courier companies.
With exception of DHL which has its own Clearing house the remaining courier
companies use different Clearing agents firms to clear their goods (Some of these
Clearing agents firms make their own documents to reduce duty and tax liability thus
prolonging clearance time).
H1
Excise Duties: 451
SECTION H
SECTION H: OTHER
Other Indirect Taxes INDIRECT
TAXES
STUDY GUIDE H1: EXCISE DUTY
Nowadays when the world economy is in the state of recession or slow increase in the economic growth
and individual countries face high deficits of the public finance, ways how to seal the hole in the state
budget are sought for. Governments can either use restrictive measures by lowering the public
expenditures or they can increase the state budget revenues by increasing the tax rates. One favorite
way of each government is to increase the tax rates on products, which have the lowest effect on
reducing their consumption. Such products include for example, alcohol, tobacco or petrol, in other
words, products liable to excise taxes. This study guide describe the nature and objectives of excise
taxes, it also discuss items liable for excise taxes.
First to, generate revenues with relatively low administrative costs. Since most excise taxes
are specific, these can be levied on goods and services with inelastic demand. Moreover, to
reduce the cost of collection, products which are homogeneous and have a small number of
producers could be easily taxed.
Second, excises are considered to be corrective taxes, as they may be imposed to correct
the external effects produced by the consumption of certain goods. This tax tries to
internalize the external cost of its consumption. For instance, taxes levied on alcoholic
beverages and tobacco products are imposed to alleviate the external costs produced by car
accidents, lung cancer treatment financed through public funds. Excises on motor fuels are
to curb pollution and road congestion generated by vehicles.
Self-Examination Questions
Question 1
(a) Explain the term “Excise Duty”.
(b) What is the rationale for imposing excise duty on goods?
Question 2
(a) What is excise duty?
(b) State any three (3) types of goods or services where excise duty is levied on.
Question 3
;ĂͿ What is the difference between specific and ad valorem duty charging basis?
;ďͿ Identify four major problems of the specific excise taxes in relation to the alcoholic beverages.
Answer to SEQ 1
(a) Excise duty is an indirect tax imposed on specific goods and services manufactured locally or
imported which are consumed within a country. An excise duty is a tax levied on consumption of
some selected goods such as spirits, alcohol and tobacco that are manufactured within the country. It
is money paid to the government by manufacturing concerns or importer on goods produced or
imported.
(b) Rationale for Imposing Excise Duties
- Excise duty plays important role in the fiscal policies of government. It is therefore a fiscal
weapon that can be manipulated to achieve predetermined economic objectives.
- It has high capacity for re-allocating income.
- Excise duty can be used to influence the exercise of purchasing power by consumers.
- Excise duty has an import substitution effect, this is because, rates of excise duty are
sometimes reduced or completely eliminated in order to give impetus to local production
activities.
- Excise duty can be used to discourage the proliferation of industrial development along
certain lines to the exclusion of others. For instance, it may be increased on certain
commodities to deter investors.
Answer to SEQ 2
(a) Excise duty is a tax on particular goods or products which are normally luxuries. The duty is
imposed on domestic or imported goods by reference to such things as weight, quantity or value.
(b) Three types of goods where excise duty is levied on include:-
Cigarettes
Imported furniture
Wines
Answer to SEQ 2
(a) Excise
454 Other Indirect Taxes
duty is a tax on particular goods or products which are normally luxuries. The duty is
imposed on domestic or imported goods by reference to such things as weight, quantity or value.
(b) Three types of goods where excise duty is levied on include:-
Cigarettes
Imported furniture
Wines
Petroleum products
Spirits
Beer
Soft drinks
Answer to SEQ 3
(c) Difference between specific and ad valorem duty.
Ad valorem is duty that is based on the value of goods while a specific duty is duty charged on
measures like weight or volume of goods.
(d)
(i) Specific taxes may prove “sticky”-difficult to change in the face of inflation, with the result that
real revenues may fall in the face of price increases. Since a principal motivation for differently
higher taxes on alcohol is to raise public revenues in a relatively efficient way, this is clear a
disadvantage. Specific taxes may also discriminate against relatively cheaper products-since
the tax will make up a large a proportion of the final price, the lower that price happens to be
and this may be considered undesirable, for example, because such products are mostly
consumed by low-income people.
(ii) Specific taxes are often levied on “one unit of the good” which may be difficult to define. Is one
unit a litre of beer or a litre of the alcohol component of the beer or some combination of two?
(iii) Since specific taxation is based on some physical characteristics of the product the tax may not
tax the value of the alcohol to the consumer. For example, the packaging or convenience of
availability would not be considered in a typical specific tax on alcohol.
(iv) Moreover, specific taxes are also subject to an “upgrading effect” in the sense that when a
specific tax rate is increased, consumers may increase their demand for the untaxed amenities
of the beverages such as better packaging.
H2
Stamp Duties: 455
SECTION H
Outline the stamp duties rates and the basis of computation [Learning outcome c]
(ii) Ad valorem
These are duties that vary with value of the consideration on the document that is
subject to the stamp. Instruments attract ad valorem duties include
Lease documents
Transfers of shares
Transfer of debentures etc
CUSTOMS BOND:
(a) Where the amount does not exceed TShs. 40 per 1,000,
TShs. 9,999/=. Tshs.5000/=
ADMINISTRATION BOND:
(a) where the amount is less than TShs. Nill
1,000/= Tshs 500
(b) where the amount is TShs. 1,000/= or
more