VAT withholding tax and its impact on vat compliance: evidence from the Zimbabwe revenue authority

VAT withholding tax and its impact on vat compliance: evidence from the Zimbabwe revenue authority

Author: Blessings Majoni (bmayjay@gmail.com)

ISSN: 2709-8575
Affiliations: Revenue Specialist, Zimbabwe Revenue Authority
Source: African Multidisciplinary Tax Journal, 2021 Issue 1, p. 228-243
https://doi.org/10.47348/AMTJ/2021/i1a13

Abstract

Value-added tax (VAT) withholding tax is a key instrument used in various tax administrations to curb revenue leakages that emanate from clients that charge VAT on their services and supplies and then fail to remit it to revenue authorities. The Zimbabwe Revenue Authority (ZIMRA) implemented VAT withholding in 2017 with the expectation that it would positively affect VAT compliance. The motivation of this study therefore arises from the knowledge that a number of developing countries are considering implementing a withholding tax mechanism on VAT. In addition, a number of developing countries such as the Philippines, Ethiopia and Ghana, have implemented VAT withholding tax with varying outcomes. Public finance literature on the empirical analysis of VAT withholding tax is, however, limited as it requires administrative data that most tax researchers are not privy to. This paper sought to undertake a more comprehensive empirical investigation of the direct effect of the introduction of VAT withholding tax on VAT compliance. To estimate the empirical effect of VAT withholding tax on VAT compliance, this paper exploited data of VAT registered clients in ZIMRA over a 24-month period. The study used an ordinary least squares (OLS) multiple regression analysis to investigate the effects of VAT withholding tax on VAT revenue. The study further used a difference-in-differences estimator by classifying VAT taxpayers into two groups. Empirical evidence indicates that there is a positive significant relationship between implementing VAT withholding tax and VAT revenue in the ZIMRA scenario.

Problem of expanding the management of VAT to the synthetic tax centers of DR Congo

Problem of expanding the management of VAT to the synthetic tax centers of DR Congo

Author: Luc Mwenelwata Butindi (lucmwenelwata@gmail.com)

ISSN: 2709-8575
Affiliations: Inspecteur des Impôts. Direction Générale des Impôts, RD CONGO. Master en Gestion, Comptabilité OHADA et Audit
Source: African Multidisciplinary Tax Journal, 2021 Issue 1, p. 244-260
https://doi.org/10.47348/AMTJ/2021/i1a14

Abstract

The tax reform to replace turnover tax with value-added tax (VAT) in Congolese tax legislation, in order to broaden the tax base, was justified by the government’s desire to increase levels of state revenue. This tax was introduced in 2010 and implemented in 2012.

Although its contribution has improved the level of tax revenue, certain managerial aspects linked to it have not been exploited to significantly improve resource mobilisation objectives. In particular, the fixed threshold has excluded certain structures, the synthetic tax centres in particular, who are in direct contact with the vast majority of consumers, from the management of this tax.

The role of public tax awareness on domestic revenue mobilisation in Uganda

The role of public tax awareness on domestic revenue mobilisation in Uganda

Author: Masembe Michael (masembey@gmail.com)

ISSN: 2709-8575
Affiliations: Team leader Tax Education, Uganda Revenue Authority
Source: African Multidisciplinary Tax Journal, 2021 Issue 1, p. 261-277
https://doi.org/10.47348/AMTJ/2021/i1a15

Abstract

Governments are weak at promoting and endorsing their gains and programmes. Taking Uganda in context, this paper explored the current tools for public tax awareness on Domestic Revenue Mobilisation (DRM), an oft-neglected area yet crucial for tax revenue generation. The note overviewed the DRM initiatives and the public tax awareness programmes in place to promote them. Using content analysis, the inquiry noted gaps in the planning of public tax awareness initiatives, which inf luences the execution, impact and appraisal of the campaigns, which in turn, affects the uptake of DRM initiatives. It calls for government accountability where all government agencies use public tax awareness tools to account for their plans and gains. It furthermore requires not leaving accountability to the finance ministry and the tax agency. Highlighting successful government programmes courtesy of tax revenue motivates citizens aboard DRM. This paper therefore averred that concerted government public relations will motivate citizenry participation and support for DRM.

Afrika’s obligation to fight for a gendered and youthful perspective in global digitalised tax restructuring

Afrika’s obligation to fight for a gendered and youthful perspective in global digitalised tax restructuring

Author: Khanyisile Litchfield-Tshabalala (khanyisilelt@gmail.com)

ISSN: 2709-8575
Affiliations: iMTraDev Solutions
Source: African Multidisciplinary Tax Journal, 2021 Issue 1, p. 278-294
https://doi.org/10.47348/AMTJ/2021/i1a16

Abstract

This paper considered the historical perspective of women and taxation, as well their economic status in the Organisation for Economic Co-operation and Development (OECD) countries, Afrika, and South Africa as a special focus. The case was made that women are globally worse off economically than their male counterparts; but that Afrikan women specifically come off the worst. Women also suffer fiscal discrimination, yet they bear unique tax burdens like Pink Tax, Afrikan (Black) Tax for women in Afrika, individualised Pay as You Earn which ultimately discriminates against women-headed households, and women breadwinners. Even at the periphery of the economy, they shoulder value-added tax (VAT) the same as men. Given the forecasted Afrikan population growth, Afrikan women remain an untapped resource for the digital economy. Yet gender representation and equity in the current efforts for global tax governance restructuring are lacking. Hence there exists a need for the African Tax Administration Forum (ATAF) to champion a gendered and youthful perspective in digital tax transformation, and pioneer tax disaggregation by categorising women according to socio-economic profiles.

The overlap between the common law and Chapter 4 of the Prevention of Organised Crime Act: Is South Africa’s anti-gang legislation enough?

The overlap between the common law and Chapter 4 of the Prevention of Organised Crime Act: Is South Africa’s anti-gang legislation enough?

Author Delano Cole van der Linde

ISSN: 1996-2118
Affiliations: LLB (Stell), LLM (Stell), LLD (Stell), Lecturer, Faculty of Law, North-West University. This article is written based on research conducted for my LLD dissertation at Stellenbosch University
Source: South African Journal of Criminal Justice, Volume 33 Issue 2, p. 273 – 301

Abstract

The Prevention of Organised Crime Act 121 of 1998 (POCA) was promulgated in order to, inter alia, supplement the common law insofar it was ineffective in dealing with criminal gang activity, particularly in the Cape Flats in the Western Cape. However, the new measures appear to be substantially similar to the common law, therefore, nullifying the raison d’être. This article examines the extent to which the existing common law modalities overlap with the measures promulgated under POCA and attempts to identify those scenarios in which it would be more advantageous to utilise either the former, the latter or potentially both. It is submitted that if the extent of the overlap is so great that the common law modalities and the measures under POCA are indistinguishable, then supplementary or replacement legislation should be considered.

The social justice implications of criminalisation of HIV transmission

The social justice implications of criminalisation of HIV transmission

Author Matthew Robinson

ISSN: 1996-2118
Affiliations: PhD (Florida State), Professor, Department of Government and Justice Studies, Appalachian State University, and Visiting Professor, University of Zululand
Source: South African Journal of Criminal Justice, Volume 33 Issue 2, p. 302 – 319

Abstract

In this paper, the author attempts to provide some answers about the right thing to do in cases where a person has wilfully or negligently exposed another person to HIV or does not tell a partner about their HIV status prior to engaging in sexual relations. To do this, the author introduces and summarises four main theories of justice and demonstrates that each is found within the Constitution of the Republic of South Africa, making them highly relevant for the practice of law in the country. The analysis reveals that in cases where there is legal culpability in the transmission of HIV, all four theories of justice and key principles of the Constitution are violated, suggesting criminalisation would be appropriate in those cases. However, the paper also illustrates that criminalising HIV transmission would likely lead to outcomes that would also violate those same conceptions of justice as well as other values important to South Africans, such as compassion and effective public health. The paper shows that arguments rooted in justice theory and the Constitution of the Republic of South Africa could be made both for and against the criminalisation of HIV transmission.

Quantification of damages for unlawful arrest and detention: South Africa, Namibia and Eswatini/Swaziland (1)

Quantification of damages for unlawful arrest and detention: South Africa, Namibia and Eswatini/Swaziland (1)

Author Chuks Okpaluba

ISSN: 1996-2118
Affiliations: LLB, LLM (London), PhD (West Indies), Research Fellow, Centre for Human Rights, University of the Free State
Source: South African Journal of Criminal Justice, Volume 33 Issue 2, p. 320 – 347

Abstract

The investigation of the quantum of damages which the courts have awarded as compensation for the injuries arising from unlawful arrest and detention by police officers and other law enforcement agents of the State is the major concern of this series of articles. When viewed from the perspective of the courts, the issue of quantification of damages is definitely a burdensome exercise; and to the victim, it is shrouded with uncertainty. It is not easily ascertainable whether this is the reason why, in spite of there being an avalanche of case law, yet there appear to be far less academic deliberations or debate in this volatile aspect of the law of government liability. Certainly, the assessment of damages is one area of adjudication where the trial judge has discretion to make a value judgment and an obligation to make an award that is fair, just and appropriate having regard to the circumstances of the case. It is clear, however, that courts do not pretend to be in a position to repair, except to the extent that money can do so, the types of physical, emotional and psychological damages caused in the process of arrest and detention. Otherwise, how could a trial judge possibly remedy the tricky issues of personal liberty deprivations; the physical injuries; the humiliation, tarnished reputation, and the trauma that afflict the plaintiff as a result of the wrongful arrest and detention; or, the economic damage loss of income from employment or business; medical expenses incurred or to be incurred in the future? These problems are accordingly scrutinised in this series, including the factors the courts take into account in making the awards; the actual amounts awarded; and the reasons for making the awards. In carrying out this onerous task, the trial courts are guided by the principles outlined by the appellate courts. The enormous amount of materials available in these three Southern African jurisdictions investigated herein, inform the adoption of a three-part serialisation.

Eyewitness identification of multiple perpetrators

Eyewitness identification of multiple perpetrators

Authors Alicia Nortje, Colin G Tredoux, & Annelies Vredeveldt

ISSN: 1996-2118
Affiliations: PhD (Psychology) (UCT), Postdoctoral Research Fellow, Department of Psychology, University of Cape Town; PhD (Psychology) (UCT), Professor in the Department of Psychology, University of Cape Town; PhD (Psychology) (York), Department of Criminal Law and Criminology, Vrije Universiteit Amsterdam
Source: South African Journal of Criminal Justice, Volume 33 Issue 2, p. 348 – 381

Abstract

To date, research and South African case law has largely ignored the memory burden experienced by witnesses to multiple-perpetrator crimes and failed to address the challenges that arise when administering identification parades for such crimes. Empirical research suggests that eyewitnesses to multiple-perpetrator crimes achieve low identification accuracy, which worsens with the addition of each perpetrator to be identified. Witnesses to multiple-perpetrator crimes also experience a unique memory task of matching criminal actions to perpetrators. Preliminary empirical evidence suggests witnesses perform poorly at this task. Although some international research documents the difficulties that officers experience when conducting identification parades, there is little evidence of how South African officers administer parades in the field. This article presents empirical evidence from a sample of detectives in the Western Cape showing that in-field administration of parades for multiple-perpetrator crimes are not uniform, and officers risk conducting parades that would not be considered fair. The article concludes that the current South African guidelines may profitably be revised, so that difficulties associated with administering parades for multiple-perpetrator crimes are alleviated.

Language as a facilitator of the right to a fair trial in Kenya

Language as a facilitator of the right to a fair trial in Kenya

Author Catherine S. Namakula

ISSN: 1996-2118
Affiliations: LLB (Makerere) PGDLP (LDC) LLM (Nottingham) PhD (Wits), Professor of Human Rights and Criminal Justice, Global Humanistic University, Curaçao & Senior Lecturer, Faculty of Law, University of Fort Hare
Source: South African Journal of Criminal Justice, Volume 33 Issue 2, p. 382 – 401

Abstract

The language in which a criminal case is conducted may significantly influence the verdict, and impact on the right to a fair trial if the accused does not properly understand the language of the court. The courts of Kenya, therefore, tolerate no compromise of the constitutional imperative that the person on trial must understand the language used in the proceedings. This paper examines the language-based requirements of fair trial as revealed by the jurisprudence on core trial processes such as judicial interpreting, plea taking, and confessions. A competent court safeguards a fair trial by ensuring that trial participants express themselves in the language(s) of their ability. This may require the provision of effective interpretative assistance. There is need to professionalise judicial interpreting and to foster the scientific and legal development of local languages in Kenya.

Immunity before the International Criminal Court: Has the Appeals Chamber decision in the Jordan appeal brought finality?

Immunity before the International Criminal Court: Has the Appeals Chamber decision in the Jordan appeal brought finality?

Author Linda Mushoriwa

ISSN: 1996-2118
Affiliations: LLB (University of Zimbabwe) LLM (UNISA) PhD (UKZN). Post-doctoral research fellow (South African Research Chair in International Law, Faculty of Law, University of Johannesburg)
Source: South African Journal of Criminal Justice, Volume 33 Issue 2, p. 402 – 424

Abstract

On 6 May 2019, the Appeals Chamber of the International Criminal Court (ICC or the Court) rendered a decision in an appeal lodged by Jordan in March 2018; against a decision of non-cooperation rendered by the Courts Pre-Trial Chamber (PTC) II in December 2017. PTC II had ruled that Jordan breached its obligation to cooperate with the court by failing to arrest and surrender the then Sudanese President Omar Al-Bashir pursuant to two warrants of arrests issued against him by the court in 2009 and 2010. Al-Bashir had visited Jordan in March 2017 to attend an Arab League meeting. The indictment of Al-Bashir by the court whilst he was still the head of state of Sudan ignited debate regarding his immunity from arrest and surrender by states in cooperation with the court, as Sudan is not a state party to the Rome Statute of the International Criminal Court (Rome Statute). This article examines the Appeals Chambers decision on the customary international law status of head-of-state immunity, the relationship between art 27(2) and art 98(1) of the Rome Statute and the effect of Security Council Resolution 1593 (2005); and assesses whether or not the decision has helped to clarify the contentious issue of head-of-state immunity before the court.