The Property Transfer (Amendment) Act, 2021

An Act to amend the Property Transfer Tax Act. [30th December, 2021
ENACTED by the Parliament of Zambia. 1. (1) This Act may be cited as the Property Transfer Tax
(Amendment) Act, 2021, and shall be read as one with the Property
Transfer Tax Act, in this Act referred to as the principal Act. (2) This Act shall come into operation on 1st January, 2022. 2. Section 2 of the principal Act is amended by the—
(a) deletion of the definition of “property” and the
substitution therefor of the following:
“property” means—
(a) a land in the Republic;
(b) a share issued by a company incorporated in the Republic
or a share issued by a company incorporated outside
the Republic where the company directly or indirectly
owns at least ten percent of the shares in a company
incorporated in the Republic;
(c) a mining right issued under the Mines and Minerals
DevelopmentAct, 2015, or an interest in the mining right;
(d) a mineral processing licence issued under the Mines
and Minerals Development Act, 2015, or an interest in
the mineral processing licence; and
(e) intellectual property; and
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commencement
Property Transfer Tax (Amendment) [No. 46 of 2021 687
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ocessing licence; and
(e) intellectual property; and
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340
Amendment
of section 2
Act No. 11
of 2015
Act No. 11
of 2015
GOVERNMENT OF ZAMBIA
ACT
No. 46 of 2021
Date of Assent: 29th December, 2021
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K4.00 each.

of Assent: 29th December, 2021
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K4.00 each.

(b) insertion of the following new definition in the
appropriate place:
“ mineral processing licence ” has the meaning assigned to
the words in the Mines and Minerals Development
Act, 2015;. 3. The principal Act is amended by the repeal of section 3 and
the substitution therefor of the following:
3. (1) The Commissioner-General shall, subject to the
direction of the Minister, be responsible for giving effect to
the provisions of this Act and shall in exercising those
functions have all the powers conferred on the
Commissioner-General by the Income Tax Act. (2) The Commissioner-General may, in writing and subject to
conditions that the Commissioner-General may specify, delegate
to an officer in the Authority any power conferred, or any duty
imposed, on the Commissioner-General by this section. 4.

General may specify, delegate
to an officer in the Authority any power conferred, or any duty
imposed, on the Commissioner-General by this section. 4.

Section 4 of the principal Act is amended—
(a) in subsection (1B), by the insertion of the word
“consecutive” immediately after the word “three” and
(b) in subsection (2), by the—
(i) insertion of the following new paragraph
immediately after paragraph (a):
(b) ten per cent of the realised value in respect of a mineral
processing licence;; and
(ii) renumbering of paragraphs (b), (c) and (d) as
paragraphs (c), (d) and (e), respectively. 5. Section 6 (1) of the principal Act is amended by the deletion
of paragraph (d) and the substitution therefor of the following:
(d) an exempt public benefit organisation in
accordance with the Income Tax Act;. 6. Section 9 of the principal Act is amended by the insertion of
the following new subsections immediately after subsection (1):
(1A) Despite subsection (1), a person, other than the
transferor of the property, shall be permitted to render a
provisional return on behalf of the transferor where that
person is—
(a) permitted to do so through a court order; or
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be permitted to render a
provisional return on behalf of the transferor where that
person is—
(a) permitted to do so through a court order; or
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46 of 2021] Property Transfer Tax (Amendment)
Repeal and
replacement
of section 3
Functions
and powers
of
Commissioner-
General
Cap.323
Amendment
of section 4
Amendment
of section 6
Cap. 323
Amendment
of section 9
Act No. 11 of
2015

(b) appointed as a proxy for the Registrar of the
High Court, where the Registrar of the High
Court is appointed by the court to render a
provisional return on behalf of the transferor.
(1B) A person referred to in subsection
(1A) shall be permitted to render a provisional
return on behalf of the transferor if the
transferor—
(a) is deceased;
(b) is absent from the Republic; or
(c) cannot be located despite reasonable efforts
to do so.
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