22/03/2022
For Tax professionals, Charity Trustees, NGOs, and PVOs.
A very recent (January, 2022) judgement on the application of s15(2)(r)(iii) of the Income Tax Act, i.e allowable deduction on a donation to a charitable trust. Granted the case involved donation to a PVO, but the judge seems to me to have opened the scope for possible application to Charity Trusts registered by Deed (under the Ministry of Justice), which would be welcome. Zimra might have the decision overturned on Appeal, of course, or even act to have the section amended by parliament, either way there is definite need for clarity regarding exclusion of (and discrimination against) charity trusts registered by Deed in our tax statutes. Hopefully this judgement will be a great start to tax equity in as far as charity organisations operations in Zim go.
NDOU AJ: The respondent is an administrative authority tasked with the duty and obligation to collect taxes and other statutory dues under various legislative instruments. In particular, the respondent is mandated to collect income tax in terms of the Income Tax Act [Chapter 23:06] (“Act”).