The Value Added Tax (Amendment) Act, 2018
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An Act to amend the Value Added Tax Act. [26th December, 2018 ENACTED by the Parliament of Zambia. 1. (1) This Act may be cited as the Value Added Tax (Amendment) Act, 2018, and shall be read as one with the Value Added Tax Act, in this Act referred to as the principal Act. (2) This Act shall come into operation on 1st January, 2019. 2. ead as one with the Value Added Tax Act, in this Act referred to as the principal Act. (2) This Act shall come into operation on 1st January, 2019. 2. Section 2 of the principal Act is amended by the— (a) deletion of the definition of “fiscal cash register”; and (b) insertion of the following definitions in the appropriate places: “electronic fiscal device” means an electronic device, approved by the Commissioner-General, which has a fiscal memory capable of generating and storing fiscal information and has the capacity to generate or record tax invoices and other reports and is capable of transmitting invoice data in real time to the tax invoice management system of theAuthority, and includes a fiscalised electronic register, an electronic fiscal printer and an electronic signature device; “electronic fiscal printer” means an electronic device, approved by the Commissioner-General, which is capable of being connected to a point of sale device to enable it to capture information for tax purposes and printing invoices or other fiscal information and allow the transmission of the transaction data to the Authority; Enactment Short title and Commence- ment Cap. 331 Amendment of section 2 Value Added Tax (Amendment) [No. 15 of 2018 313 GOVERNMENT OF ZAMBIA ACT No. Enactment Short title and Commence- ment Cap. 331 Amendment of section 2 Value Added Tax (Amendment) [No. 15 of 2018 313 GOVERNMENT OF ZAMBIA ACT No. 15 of 2018 Date of Assent: 23rd December, 2018 Single copies of this Act may be obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka, Price K8.00 each. of Assent: 23rd December, 2018 Single copies of this Act may be obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka, Price K8.00 each. “electronic signature device” means an electronic device, approved by the Commissioner-General, which assigns a unique electronic signature and invoice number to a transaction issued by a point of sale or related system and is capable of transmitting the transactions to the Authority in real time; “fiscal memory” means a programmable read-only memory permanently built into a fiscalised electronic register or device to store tax information at the time of sale and is only accessed by the Authority or an authorised person; and “fiscalised electronic register” means an electronic device, approved by the Commissioner-General, which has a fiscal memory to record and calculate transactions for purposes of tax at a point of sale and secures the transactions against unauthorised manipulation and deletion and is capable of transmitting the transactions in real time or, where transactions cannot be transmitted in real time, in batches to the invoice management system of the Authority; 3. transactions in real time or, where transactions cannot be transmitted in real time, in batches to the invoice management system of the Authority; 3. Section 10 of the principal Act is amended by the insertion of the following new subsection immediately after subsection (7): (8) For the purposes of this Act, the taxable value— (a) where a cash discount is granted, means the value of the tax ascertainable based on the undiscounted cash value; and (b) where a trade discount is granted, means the value of the tax ascertainable based on the discounted price. 4. The principal Act is amended by the insertion of the following new section immediately after section 46: 46A. Where an offence under this Act is committed by a body corporate or a body unincorporate, with the knowledge, consent or connivance of the director, manager, partner or shareholder of that body corporate or unincorporate body, that director, manager, partner or shareholder commits an offence and is liable, on conviction, to the penalty or term of imprisonment specified for that offence. Value Added Tax (Amendment)314 No. 15 of 2018] Amendment of section 10 Insertion of new section 46A Offences by principal officers, partners or shareholders of bodies corporate or bodies unincorporate ndment of section 10 Insertion of new section 46A Offences by principal officers, partners or shareholders of bodies corporate or bodies unincorporate Value Added Tax (Amendment) [No. 15 of 2018 315 5. The principal Act is amended by the deletion of the words “fiscal cash register” wherever they appear and the substitution therefor of the words “electronic fiscal device”. General amendment 316
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