Archives

Legal Update – June 2016

lawyers tanzania

Tanzania Budget 2016/2017

2015/2016 Highlights

Between July 2015 and April 2016

Revenues

  • Tax revenue collected           TZS 10.17 trillion (100% of target)
  • Non tax revenue                    TZS 967.2 billion (105% of target)
  • Local Govt Authorities (LGA) TZS 344.1 billion (79% of target)

Total  TZS 11.4813 billion

  • LGAs below target due to inefficiency revenue collection systems and low property tax collection compared to available potential.
  • Expected grants and concessional loans TZS 2.32 trillion from Development Partners
  • Actual amount received as grants and concessional loans TZS 1.15 trillion
  • Government domestic borrowing TZS 3.94 billion
  • Foreign borrowing, Government concluded arrangements with AfDB of USD 674.3 million for transport sector projects, Dar Bus Rapid Transport and Arusha water and sanitation project

Expenditure

  • Government released TZS 16.86 trillion
  • Out of that, TZS 13.65 trillion was for recurrent expenditure & TZS 3.21 trillion for development expenditure
  • Development projects financed through domestic sources include: rural electrification; construction and rehabilitation of roads and bridges; rehabilitation of central railway line; construction of Kinyerezi I and II power generating plants; and supply of water in urban and rural areas.
  • The Government paid TZS 1.13 trillion, of whichTZS 689.5 billion were for contractors and consultants; TZS 27.9 billion for teachers and other Government employees salaries arrears; TZS 10.0 billion for Police Force; TZS 211.0 billion for Military contracts; and TZS 194.0 billion for electricity bills for Ministries, Independent Departments and other Government Institutions.

Achievements in Budget Implementation for 2015/16

  • Increased tax revenue collection from an average of TZS 904.0 billion per month in 2014/15 to TZS 1.02 trillion per month 2015/16
  • Financing the 2015 general elections with domestic resources
  • Financing free education programme for primary and secondary school.

Challenges in Budget Implementation for 2015/16

  • Tax evasion involving collusion between businessmen and unethical tax collectors
  • Low awareness of the new Value Added Tax Act of 2014
  • Low compliance by businessmen in the use of EFDs coupled with citizens’ culture of not demanding EFD receipts upon purchase of goods or services
  • Complex environment in collecting tax from the informal sector
  • Ghost workers and illegitimate students accessing higher education loans
  • Mismatch between revenue and expenditure arising from increased demand for improvement of infrastructure such as water, railway, ports, airport and roads.

National Debt Management

  • As of March, 2016 the national debt stock amounted to USD 20.94 billion compared to USD 19.69 billion recorded in June, 2015 an increase of 6.34%
  • Out of this amount, public debt was USD 17.93 billion and private external debt was USD 3.01 billion.
  • Debt stock still sustainable
  • Government arrears to social security funds to be funded through non cash special bonds after verification


BUDGET FOR 2016/17

Basis and Objectives of the 2016/17 Budget

Macroeconomic projections and policy targets for 2016/17 will be as follows:

  • Real GDP projected to grow by 7.2% in 2016 from real growth of 7.0% in 2015
  • Containing inflation at single digit in the range of 5.0 to 8.0% in 2016
  • Domestic revenue including LGA’s own sources is projected at 14.8% of GDP in 2015/16 and maintain an upward trend to 16.9% of GDP in 2016/17
  • Tax revenue is projected at 13.8% of GDP in 2016/17 from an estimate of 12.6% of GDP in 2015/16
  • Total expenditure is estimated to increase from 23.2% of GDP in 2015/16 up to 27.0% of GDP  in 2016/17
  • Fiscal deficit is projected at 4.5% of GDP in 2016/17 from an estimate of 4.2% of GDP in 2015/16
  • The ratio of current account deficit to GDP is projected at 7.9% in 2015/16 and narrow down to 7.5% in 2016/17 and
  • Maintain gross official reserves sufficient to cover at least 4.0 months of projected imports of goods and services by June 2017.

Revenue Policy for 2016/17

Focus on

  • Ensure effective use of electronic systemsanddevices in revenue collection so as to increase efficiency and minimize revenue losses
  • Continue widening tax base including formalization of the informal sector
  • Strengthening monitoring of revenue collection in Government institutions and agencies
  • Continue with measures to control and reduce tax exemptions and
  • Continue strengthening management and undertake frequent inspections at the ports, airports, and border posts to ensure appropriate tax collection

Tax Exemptions

  • the Government will continue to control tax exemptions to religious institutions
  • to amend relevant legislations in order to address tax exemption abuses
  • amendments will require beneficiaries to pay taxes and apply for refunds which will be reimbursed upon verification
  • Government will continue publishing tax exemption reports on quarterly basis

Non Tax Revenue

  • administration and collection of non-tax revenue including property tax will now be under TRA
  • to continue to enforce the use of electronic systems in non-tax revenue collection
  • all revenues will now be collected and remitted to the Consolidated Fund and disbursement to each agency/Ministry will be based on approved budget, and without delay

Priority Areas

Four main priority areas:

  • Interventions for fostering Economic Growth and Industrialization
  • Integrate Economic Development and Human Resources
  • Enabling Business Environment and
  • Implementation effectiveness.
  • To achieve these goals, Government intends to to create enabling environment to attract private sector to invest in industries and other investment opportunities especially through Public Private Partnerships (PPP); to address bottlenecks related to investments and hurdles in doing business; and to strengthen, monitor and evaluate implementation of the Annual National Development Plan

Increase Industrial Production

  • To stimulate industrial investment. Among the strategies to be undertaken include: valuation of land and property in strategic investment areas, and effect compensation thereof
  • Carrying out industrial research through TIRDO, TEMDO, CAMARTEC and COSTECH
  • Developing infrastructure for small scale industries through SIDO; developing industrial clusters; and facilitatingavailability of simple and affordable industrial technology
  • To ensure that all privatized industries are operational
  • To begin revamping following industries: textiles, livestock products, agro-processing including rubber products, cashewnuts, tobacco, sugar cane, tea and paddy
  • Appropriate action to be taken against those who do not comply with theprivatisation agreements
  • Accordingly, the Government intends to address unnecessary bureaucracy and expedite decision making, propose tax incentives, facilitate availability of credit through TIB Development Bank and other financial institutions in order to attract investors and private sector
  • Governmentthrough Embassies, High Commissions and Diaspora, will strengthen economic diplomacy in order to attract more investors from both developed and emerging economies including China, India, South Korea, South Africa and Brazil.

Corruption in Delivery of Public Service

  • TZS 2.5 billion for the establishment of corruption and economic crimes Court
  • Budgeted TZS72.3 billion in 2016/17 for Prevention and Combating of Corruption Bureau (PCCB) to undertake its operations
  • TZS 44.7 billion has been budgeted for Controller and Auditor General to facilitate oversight role

Measures to Prevent Loss of Revenue

  • Spot follow ups in all business areas, ports, airports, border posts and illegal entry points
  • Emphasis will be given on the use of electronic systems in collection of tax and non tax revenues as well as enforcing measures to control tax exemptions
  • Legal action against those not using EFDs
  • Prohibited for Ministries, Independent Departments, Agencies, Local Government Authorities and Public institutions to do business with Suppliers, Service Providers and other businessmen who are not using EFDs

Measures to Control Expenditure

  • Use of Government and institutions’ facilities in conducting meetings including board meetings, training and seminars
  • Use of Government institutions for procuring services such as insurance, courier, advertisement, transport etc
  • Control the use of utilities (water, telephone and electricity) to avoid unnecessary expenditure
  • Control payment of salaries and take measures to avoid ineligible employees;
  • Control payment of students loan in higher learning institutions and take measures to avoid inelligible beneficiaries
  • Use of bulk procurement of vehicles and direct purchase from manufacturers in order to minimize costs
  • Control running costs of motor vehicles especially in fuel, lubricants and maintenance
  • Minimize expenditures and cut unnecessary costs such as national ceremonies, sitting allowance, printing of t-shirts, caps, bags, diaries, calendars, foreign travels and overseas short term training
  • Use of soft copies in dissemination of various publications and
  • Control expenditures in public institutions and corporations and direct them to focus on their core functions

Concerns in Agriculture, Livestock and Fisheries Sector

  • To transform and strengthen agriculture, livestock and fisheries sector so as to ensure value addition, promote industrialization as well as commercialization. However, the sector is facing a number of challenges including: nuisance levies and fees; shortage of farm implements and inputs; reliable market; and inadequate extension services
  • To minimize or abolish nuisance taxes affecting the sector
  • To strengthen the Tanzania Agriculture Development Bank (TADB) in order to provide affordable loans to transform the current subsistence agriculture into commercial farming
  • TADB to extend services to regional level across the country.

Disputes

  • To address disputes between farmers and pastoralists, villages and national reserves, investors and residents, non compliance with land laws, and failure to develop farms and plots
  • Budgeted TZS 5.0 billion for establishing Land Compensation Fund; TZS 13.0 billion for land demarcation; and TZS 8.8 billion for acquisition of land survey equipments
  • 3 year program to address land ownership issues including establishing an effective land registry has been designed and shilling 33.4 billion has been budgeted for implementing the program.

Inadequate Transport and Transportation Services

  • Budgeted TZS 5.47 trillion equivalent to 25.4% of the total budget excluding public debt service for infrastructure projects our of which TZS 2.18 trillion for construction and rehabilitation of roads that open up economic opportunities andTZS 2.49 trillion for: construction of a standard gauge railway line; acquisition of three new passenger aircrafts; acquisition and rehabilitation of passenger ships in lake Victoria and Tanganyika; improvement of port infrastructure; and rehabilitation of airports
  • TZS 161.4 billion been budgeted under Railway Fund for rehabilitation of central railway line and procurement of locomotives and wagons

Electricity

  • BudgetedTZS 1.13 trillion equivalent to 5.3% of the total budget excluding public debt services to ensure availability of reliable power supply for industrial and domestic uses
  • Projects to be implemented include rural electrification and completion of other ongoing projects such as Kinyerezi I (installation of additional 185MW plant) and Kinyerezi II gas fired electricity generation plants
  • To ensure that Tanzania Electricity Supply Company (TANESCO) is financially independent and competitive in power generation by using affordable sources so as to minimize costs to consumers

Education

  • TZS 4.77 trillion budgeted for the education sector equivalent to 22.1% of the total budget excluding public debt service
  • Allocation has been made to address among others: free basic education; operational costs for schools including capitation, food, purchase of books and examinations expenses; higher education students’ loans; construction and rehabilitation of infrastructures at all levels

Health

  • Budgeted TZS 1.99 trillion equivalent to 9.2% of the total budget excluding public debt service
  • The areas allocated funds among others include: TZS 180.5 billion for purchase of medicines, medical equipment and reagents; TZS 71.0 billion for settlement of the outstanding Medical Stores Department debt; and improvement of health services’ infrastructure at all levels

Water

  • Budgeted TZS 1.02 trillion equivalent to 4.8% of the total budget excluding public debt service, for construction and rehabilitation of water infrastructure for both rural and urban areas
  • Settlement of the contractors’ outstanding claims and implementation of the Water Fund Program

Enabling Environment for Private Sector Participation

  • Improve the business environment including investment in railways, roads, ports and water infrastructures; and increase availability of reliable power supply to attract private sector investment in the country
  • To review various taxes, levies and fees in order to reduce or remove those nuisance ones
  • Continue to improve investment environment in the country in order to attract private sector to invest in industries and other sectors
  • To facilitate this, the Government will improve services relate to accessibility of loans to private sector; enhance the capital market; strengthening coordination of public private partnership – PPP; improve doing business environment through various incentive packages and removal of red tape measures

Employees

  • Reduction of PAYE from 11% to 9%
  • Government will start contributing 0.5% of the employees’ gross salary to the Workers’ Compensation Fund, such funds will be used for compensation of employees in an event of accident

Armed Forces

  • To abolish tax exemption granted to armed forces’ shops
  • To continue to construct residential houses for armed forces with a view to address shortage of housing


Reforms of the tax structure, fees, levies and revenue measures

The Value Added Tax, CAP 148

  • To exempt VAT on Raw Soya Beans
  • To exempt VAT on all un-processed vegetables and unprocessed edible animal products
  • To include vitamins and food supplements (micronutrient compound) in the list of exempted items which have been approved by the Minister for Health Community Development, Gender, Elderly and Children
  • To include water treatment chemicals in the list of exempted items which have been approved by the Minister responsible for Health
  • To impose VAT on tourism services including supplies of tourist guiding, game driving, water safaris, animal or bird watching, park fees and ground transport services. The Value Added Tax is imposed on similar services in the neighbouring countries like Kenya, Rwanda and South Africa
  • The goods manufactured in Mainland Tanzania and sold to Zanzibar will attract VAT in Zanzibar while those goods manufactured in Zanzibar and sold to Mainland Tanzania will attract VAT in Mainland Tanzania. VAT will be imposed at the place of consumption in line with the destination principle. Under this arrangement the Government of Zanzibar will collect VAT on the supplies from Mainland Tanzania to Zanzibar, and Mainland Tanzania will collect VAT on the supplies from Zanzibar to Mainland Tanzania;
  • Make corrections in the exemption list of petroleum products provided under item number 15 in the Exemption Schedule of the VAT Act, Cap 148 in order to include bitumen products under HS Code 27.13, 27.14 and 27.15
  • To provide for VAT exemption on Aviation insurance
  • To introduce VAT on fee based financial services. The measure is intended to widen the tax base and increase Government revenue. However, this measure will not apply on interest paid on loans
  • Propose to review the Tanzania Investment Act to be consistent with the Value Added Tax Act with a view to effectively control and reduce exemptions which are not productive

The Excise (Management and Tariff) Act, CAP 147

  • To adjust for inflation rate of 5% the specific excise duty rates on non-petroleum products excluding bottled water
  • To increase excise duty rate of imported furniture from 15% to 20% under HS Code 94.01 and HS Code 94.03
  • Abolish manufacturing, selling, buying and use of plastic bags of less than 50 microns
  • To extend excise duty of 10% on charges or fees payable by a person to a telecommunication service provider in respect of money transfers to cover all commission received in the provision of mobile money services

The Income Tax Act, CAP 332

  • To remove the income tax exemptions on the final gratuity to members of parliament in order to promote equity and fairness in taxation to all individuals
  • To remove exemption on non-investment assets (shares), hence increase the tax base as the same item which enjoy a reduced rate of 5% on dividend
  • To reduce the minimum PAYE rate from 11% to 9%. The measure is taken to implement the Government intention to reduce the tax burden progressively by adjusting the PAYE rate to a single digit. The current rates and the proposed rates are as follows:

The proposed PAYE rates for the year 2016/17

Class Monthly Income Threshold Tax Rate
1. Monthly Income Threshold NIL
2. Where total income does not exceed TTZS 170,000/= 9% of the amount in excess of TTZS 170,000/=
3. TTZS 170,001/= to 360,000/= TTZS17,100+ 20% of the amount in excess of TTZS 360,000/=
4. TTZS 360,001/= to 540,000/= TTZS53,100+ 25% of the amount in excess of TTZS 540,000/=
5. TTZS 540,001/= to 720,000/= TTZS98,100+ 30% of the amount in excess of TTZS 720,000/=
  • To impose withholding tax on payments made to approved reteriment funds arising from investment incomes to be in line with the taxation principles of fairness and equity
  • Grant power to Commissioner General of TRAto determine rental income based on the minimum market value to charge withholding tax on rental income
  • Administrative measures within TRA which will include developing a comprehensive compliance programme to enhance revenue collection
  • Establishing various units in Dar es Salaam Tax Regions as well as new taxpayer’s service centres in order to register more new eligible taxpayers

The Vocational Education and Training Act, Cap. 82

  • Reducing Skills and Development Levy from 5% to 4.5%

The Motor Vehicles (Tax on Registration and Transfer) Act, CAP 124

  • Adjust Motor Vehicle Registration fee upwards fromTZS 150,000 to TZS 250,000 per motor vehicles and from TZS 45,000 to TZS 95,000 per motor cycle and tricycles
  • To increase the Personalized Registration Number fee from TZS 5,000,000 to TZS 10,000,000 for every three years to reflect the true value of money

The Tanzania Revenue Authority Act, CAP 399; The Local Government Finance Act, CAP 290; The Urban Authorities (Rating) Act 289;The Tax Administration Act, 2015; and The Tax Appeals Act, CAP 408

  • To amend the Tanzania Revenue Authority Act, CAP 399; The Urban Authorities (Rating) Act 289;The Local Government Finance Act, CAP 290; The Tax Administration Act, 2015; and The Tax Appeals Act, CAP 408. The aim of this amendment is to facilitate transfer of mandate to collect property tax from Local Government Authorities to the Tanzania Revenue Authority. Furthermore, the amendment is intended to facilitate the following undertakings;
  • (i) To enable Tanzania Revenue Authority to estimate tax and make valuation of the properties;
  • (ii) Tanzania Revenue Authority to collect property tax under its laid down procedures by using the relevant tax laws;
  • (iii) To institute proper procedures for remittence of property tax collected by Tanzania Revenue Authority in the respective local governments;
  • (iv) To set procedure for dispute resolution arising from collection of property tax by using prevailing tax laws; and,
  • (v) To review property tax exemptions to ensure that more properties are brought into the tax structure.

The Treasury Registrar (Powers and Functions) Act, CAP 370

  • Amend Treasury Registrar (Powers and Functions) Act, Cap 370 to require all Agencies and Regulatory Authorities under the Treasury Registrar to remit 15% of their gross income to the consolidated fund
  • Institutions will be gazetted in the Government Notice
  • Remove AICC from list of public institutions that contribute 15% and instead, it will be required to provide dividends due from business operations

The East African Community Customs Management Act, 2004

  • To increase import duty rate on cement from the current rate of 25% to 35%
  • Increase the CET rate on flat rolled products of iron or non-alloy steel from 0% to 10%
  • Increase the import duty rate on Bars and rods of iron and steel from 10% to 25%
  • Grant stay of application of CET rate of 25% on iron and steel products which are used in construction of bridges and bridge sections, classified under HS Code 7308.10.00 and instead apply duty rate of 0% for one year;
  • Increase the import duty rate from 10% to 25% on made up fishing nets of HS Code 5608.11.00
  • Increase the import duty rate from 10% to 25% on “oil and petrol filters” of HS Code 8421.23.00
  • Reduce progressively import duty remission levels on sugar and sugar confectionery from the current rate of 10%. Reduction of import duty rate will be as follows: 2016/17 the rate will be 15%; 2017/18 the rate will be 20%, and 2018/19 the rate will be 25%. The current duty rate of 10% undermines local production and promotes importation of the product and abuse in the usage of the product
  • Grant stay of application of EAC CET rate of 35% on Wheat (Wheat grain) under HS Code 1001.99.10 and HS Code 1001.99.90 and instead apply duty rate of 10% for one year
  • Increase the specific duty rate on worn clothes and shoes from 0.2 USD/Kg to 0.4 USD/kg. The measure is intended to gradually phase-out importation of used clothes and footwear in the region. Moreover, the EAC Partner States have agreed to strategically focus on promotion of textile and shoe making industries to cater the demand in the Region

Taxes and Levies imposed on Petroleum Products

  • Government has decided to maintain the current levels of taxes and levies on fuel so that we maintain price stability and provide economic stability.

Tax Exemptions Granted to the Armed Forces

  • Management of such exemption has faced some challenges including the abuse of tax exemptions. In view of that, the East African Partner States are no longer providing such exemptions except the two countries namely Rwanda and Tanzania
  • Abolish exemptions to the armed forces and instead, provide allowances as an alternative and suitable way to deliver the goods to them

BUDGET STRUCTURE FOR THE YEAR 2016/17

  • Government intends to raise TZS 29.54 trillion to finance recurrent and development expenditures
  • Budget expected to increase by TZS04 trillion equivalent to 31.1% compared to the budget for 2015/16 of TZS 22.49 trillion
  • To collect domestic revenue includingLGAs own sources amounting to TZS 18.46 trillion, equivalent to 62.3% of the whole budget. Out of this amount, tax revenue is estimated to be TZS 15.11 trillion, equivalent to 13.8% of GDP
  • In addition, non-tax revenue and revenue from LGAs own sources is TZS 2.69 trillion and TZS665.4 billion respectively
  • Increase in estimates of tax and non-tax revenue signifies the available capacity in TRA and other public institutionsin collecting revenues
  • To plug all loopholes leading to tax and non-tax revenue losses in order to ensure that the collection targets are achieved

Development partners

  • Expected to continue providing grants and concessional loans amounting to TZS 3.6 trillion, equivalent to 12% of the total budget
  • Out of this, TZS 2.75 trillion is for development projects; TZS 372.1 billion is sector basket funds and TZS 483 billion is General Budget Support (GBS)

Budget deficit

  • Intends to borrow TZS 7.48 trillion from domestic and external sources
  • Out of this, TZS 5.37 trillion is expected to be raised from domestic sources for financing rolling over of maturing Treasury bills and bonds, including new loans for financing development projects and payment of verified claims.
  • For infrastructure development, TZS 2.10 trillion from external non-concessional borrowing to be raised

Expenditure

  • Plans to spend TZS 29.54 trillion for recurrent and development expenditures in 2016/17
  • Out of this, TZS 17.72 trillion is set aside for recurrent expenditure and development expenditure is TZS 11.82 trillion, equivalent to 40% of the total budget whereas TZS 8.70 trillion is local funds and TZS 3.12 trillion is foreign

Budget Frame for 2016/17

tableIn Conclusion

  • More emphasis in the use of EFDs in order to ensure that every businessman issue receipts generated by EFDs and citizens are urged to demand such receipts whenever they purchase goods or services
  • All petrol selling stations in the country directed to finalize installation of EFDs to the pumps used to dispense fuel by 1st October, 2016
  • To control tax exemptions granted to businessmen, public servants, religious institutions and non-governmental organizations, with effect from next financial year will be required to pay tax in advance on goods ordered which will be refunded. All such beneficiaries to submit their applications to the Ministry of Finance and Planning before placing orders on the said goods in order to get the permit to import them
  • All Accounting Officers directed to use electronic systems and devices to collect revenue in Central Government, Local Government Authorities, Public institutions and corporations in order to increase efficiency and control revenue leakage. Moreover, taxes and levies collected should be deposited to banks within 24 hours
  • All Government institutions that were operating under retention scheme instructed to submit all revenues collected to the Consolidated Fund
  • All Accounting Officers are instructed to abide to the Government instruction on cutting unnecessary expenditures in the areas specified which include: overseas travels, foreign training, sitting allowances, seminars and workshops, celebrations and national festivals, procurement of furniture, procurement and maintenance of vehicles etc
  • Employers required to timely submit income tax on employees’ salaries – PAYE together with contributions to Social Security Funds. In addition, all those with outstanding PAYE and contribution deductions instructed to submit them to the relevant institutions by 31st December, 2016 or else appropriate actions will be taken against them
  • All Accounting Officers instructed to use electronic system in the distribution or dissemination of various Government documents exceeding fifty pages with the exception of Votes which are required to distribute hard copies due to  legal/regulations requirements. This measure is aimed at reducing huge expenditure associated with the printing and photocopying of those documents and also conserves the environment.
  • In the next financial year 2016/17, all outstanding claims relating to utilities, such as electricity, water and telephone bills will be paid centrally by the Ministry of Finance and Planning by using the budget of respective Votes
  • Accounting Officers are instructed to procure using Local Purchase Order (LPO) generated by IFMS. Moreover, suppliers and service providers are instructed to ensure that they only receive LPOs generated from IFMS. Therefore, with effect from year 2016/17 the Local Purchase Order which will be generated out of this procedure will not be honoured.