The Moblie Money Transactions Levy Act, 2024
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THE MOBILE MONEY TRANSACTION LEVY ACT, 2024 ARRANGEMENT OF SECTIONS Section 1. Short title and commencement 2. Interpretation 3. Administration of Act 4. Powers of Commissioner-General 5. Imposition of levy 6. Exemption from payment of levy 7. Record of mobile money operations 8. Inspection of mobile money operations 9. Administrative Rules 10. Regulations 11. Repeal of Act No.16 of 2023 and savings and transitional provisions SCHEDULE Mobile Money Transaction Levy [No. 25 of 2024 391 Single copies of this Act may be obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka, Price K16.00 each. ction Levy [No. 25 of 2024 391 Single copies of this Act may be obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka, Price K16.00 each. Enactment An Act to provide for the administration of the Act; provide for maintenance of records of mobile money operations; provide for inspection of mobile money operations; repeal and replace the Mobile Money Transaction Levy Act, 2023, and provide for matters connected with, or incidental to, the foregoing. [ 26th December, 2024 ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Mobile Money Transaction Levy Act, 2024, and shall come into operation on 1st January, 2025. 2. In this Act, unless the context otherwise requires— “Bank of Zambia” means the Bank of Zambia established under the Constitution; “betting” has the meaning assigned to the word in the Casino Act; “Commissioner-General” has the meaning assigned to the words in the Zambia Revenue Authority Act; Mobile Money Transaction Levy [No. 25 of 2024 393 Short title and commen- cement Cap.1 Cap. 157 Cap. 321 Interpretation GOVERNMENT OF ZAMBIA ACT No. 25 of 2024 Date of Assent: 20th December, 2024 393 Short title and commen- cement Cap.1 Cap. 157 Cap. 321 Interpretation GOVERNMENT OF ZAMBIA ACT No. 25 of 2024 Date of Assent: 20th December, 2024 “electronic money” means the store of monetary value electronically represented by a claim on the mobile money service provider that is— (a) issued on receipt of funds in an amount not less in value than the value of the electronic money issued; (b) stored on an electronic device; (c) accepted as a means of payment by persons; and (d) redeemable on demand; “levy” means a mobile money transaction levy charged under section 5; “merchant” means a person or entity that accepts electronic money as a means of payment for goods and services and is registered with the Zambia Revenue Authority for tax purposes, but does not include a person engaged in betting; “mobile money service provider” means an entity that is authorised by the Bank of Zambia to issue electronic money against receipt of funds in accordance with the National Payment Systems Act, 2007; “person to person transfer” means a transfer of electronic money from one person to another person; “repealed Act” means the Mobile Money Transaction Levy Act, 2023; and “Zambia Revenue Authority” means the Zambia Revenue Authority established under the Zambia Revenue Authority Act. 3. y Transaction Levy Act, 2023; and “Zambia Revenue Authority” means the Zambia Revenue Authority established under the Zambia Revenue Authority Act. 3. This Act shall be administered by the Zambia Revenue Authority. 4. The Commissioner-General shall, for the purposes of enforcing the provisions of this Act, have all the powers conferred on the Commissioner-General by the Zambia Revenue Authority Act and the Income Tax Act. 5. (1) Subject to the provisions of this Act, a mobile money service provider shall collect a levy set out in the Schedule on a person to person transfer. Act No.16 of 2023 Cap.321 Administration of Act Powers of Commissioner- General Cap. 321 Cap. 323 Imposition of levy 394 No. 25 of 2024] Mobile Money Transaction Levy Act No 1 of 2007 tration of Act Powers of Commissioner- General Cap. 321 Cap. 323 Imposition of levy 394 No. 25 of 2024] Mobile Money Transaction Levy Act No 1 of 2007 (2) The levy referred to under subsection (1) shall be paid by the sender of the electronic money. (3) A mobile money service provider shall, within ten days after the end of each month, submit a return of the levy collected to the Commissioner-General in the manner determined by the Commissioner-General. (4) A mobile money service provider shall, within ten days after the end of each month, remit the total levies collected for that month to the Commissioner-General. (5) A mobile money service provider that contravenes subsections (3) or (4) is liable to pay to the Commissioner-General a penalty of one hundred thousand penalty units for each month or part thereof during which that contravention continues. (6) The Commissioner-General may waive the whole, or part, of the penalty due under subsection (5) of this section. 6. The Minister may, by statutory instrument, exempt a person from payment of a levy. 7. (1) A mobile money service provider shall keep and maintain a record of the mobile money service provider’s operations for a period of six years. . 7. (1) A mobile money service provider shall keep and maintain a record of the mobile money service provider’s operations for a period of six years. (2) Despite subsection (1), the Commissioner-General may, before the expiry of the period referred to under subsection (1), by notice in writing, extend the period of keeping and maintaining a record of operations by a mobile money service provider. (3) A mobile money service provider that contravenes subsection (1) is liable to pay the Commissioner-General a penalty of two hundred thousand penalty units. (4) The Commissioner-General may waive the whole, or part, of the penalty due under subsection (3). 8. (1) The Commissioner-General may, for the purposes of enforcing the provisions of this Act, at any reasonable time, without prior notice, enter any premises that the Commissioner-General has reasonable grounds to believe is used contrary to the provisions of this Act, and— (a) inspect any records, article or document of a mobile money service provider that has a bearing on an inspection; Exemption from payment of levy Record of mobile money operations Mobile Money Transaction Levy [No. 25 of 2024 395 Inspection of mobile money operations emption from payment of levy Record of mobile money operations Mobile Money Transaction Levy [No. 25 of 2024 395 Inspection of mobile money operations (b) verify the returns submitted in accordance with section 5 (3); or (c) require the mobile money service provider to submit any other information that the Commissioner-General may consider necessary. 9. The Commissioner-General may issue administrative Rules relating to— (a) the keeping of books of accounts for mobile money operations; (b) the making of returns; and (c) any other matter necessary for the administration of this Act by the Commissioner-General. 10. The Minister may, by statutory instrument, make Regulations for the better carrying out of the provisions of this Act. 11. (1) The Mobile Money Transaction Levy Act, 2023 is repealed. (2) On commencement of this Act,— (a) a mobile money service provider shall remit the total levies collected for each month to the Zambia Revenue Authority; and (b) the Bank of Zambia shall transmit to the Zambia Revenue Authority any records, returns or documents relating to a levy remitted by a mobile money service provider under the repealed Act. Administrative Rules Regulations Repeal of Act No.16 of 2023 and savings and transitional provisions 396 No. 25 of 2024] Mobile Money Transaction Levy Administrative Rules Regulations Repeal of Act No.16 of 2023 and savings and transitional provisions 396 No. 25 of 2024] Mobile Money Transaction Levy SCHEDULE (Section 5 (1)) CHARGEABLE RATES Amount range (ZMW) Levy (ZMW) From 0 to 150 0.16 Above 150 to 300 0.20 Above 300 to 500 0.40 Above 500 to 1000 1.00 Above 1000 to 3000 1.60 Above 3000 to 5000 2.00 Above 5000 to 10000 3.00 Above 10,000 3.60 Mobile Money Transaction Levy [No. 25 of 2024 397 398
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