Taxation is one of the most dynamic and complex areas of the law which requires a solution driven approach. ABC Attorneys Tax Team is composed of experienced lawyers, well placed to offer our clients, across a wide range of industry sectors, innovated and privileged tax solutions. Our strong relationships with local and international tax authorities puts us in position to handle all tax inquiries for our clients at individual and entity level in areas not limited to the following:
- Tax and Tax Planning
- Corporate Taxation
- Private Client Tax
- Tax Guides and Insights
Tax and tax planning are an important part of the successful running of any business. Entities that truly benefit from smart tax planning are the ones that consider the tax consequences of every transaction they make. It is an ongoing process that can save you a lot of money and hassle in the long-run. ABC Attorneys not only attends to all your statutory tax requirements – including provisional tax, income tax returns, trusts, and all Tax-related queries and investigations – but we offer insightful and pragmatic tax advice and tax planning. Our experienced and dedicated tax department is available to attend to all of our clients’ requirements with efficiency and in a professional manner. We make certain that your business decisions strategically leverage long and short term tax benefits by;
- Maximizing the tax efficiency of transactions (company funding, company restructures, executive incentivisation).
- Structuring employee incentivisation plans.
- Structuring and advising on the tax residence of individuals and businessesentities.
- Company tax structures generally.
Various considerations need to be honored to determine the ultimate tax liability when individuals or companies are employed or conduct business across borders. Our advice in this regard includes:
- Advice on potential tax liability in different jurisdictions on the basis of residency or source of income;
- Determining the place of effective management of companies and taxation on the basis of a permanent establishment existing in the source state;
- Tax liability as a result of the existence of a Controlled Foreign Entities; and
Our Corporate Tax team is equipped with requisite expertise to offer the right tax related support. Whether you are commencing your business, require the peace of mind of compliance, aiming for additional growth or planning a sale, acquisition or reorganization, you need to right corporate tax advice and guidance.
In all key areas of tax management, our Tax team works hand in hand with our clients to advise on the best approach for their businesses, their people and their future success in line to taxation systems in place.
With an incomparable track record at the top levels of the legal services sector, our team can offer you an unbeatable level of knowledge and advice whether your focus is on
- Succession planning,
- Identification of available tax reliefs or
- Creation of tax presence to support client’s entry into new markets.
As a partner in the world-wide legal professional networks, our clients can also benefit further from being able to tap into the cross-border skills and experience of ABC Attorneys’ team members on international tax issues.
We understand clients’ unique circumstances when it comes to personal tax. As a private client, we take time to understand these circumstances and offer the support you need to give you peace of mind.
ABC Attorneys provides tax advice to a large number of clients who rely on us to handle their personal affairs and help them navigate an area subject to complex and constantly changing tax regulations.
Our personal tax consultants can assist you across a wide range of tax-related matters, whether it is helping with capital gain tax planning, independent wealth management, tax compliance or succession planning. This includes personal returns through to detailed investigations into business accounts and other relevant records.
For clients looking to expand their business overseas or needing advice on international law, we can assist your global ambitions via our membership of TAGLaw which provides access to support in over 90 countries.
Tanzanian tax laws allow any person who feels aggrieved to request a formal change to an official decision regarding tax assessment made by the Commissioner General. A taxpayer who feels that the Commissioner General misapplied the law, came to an incorrect factual finding, abused his powers, was biased, considered evidence which he should not have considered or failed to consider evidence that he should have considered in making an assessment, may object against such an assessment.
Subject to the provisions of sections 46, which retains power of assessment to Commissioner General, section 48which empowers the CG to make adjustments and section 47 which addresses the type of assessment the CG can make. Therefore while interpreting tax statute as a process of determining tax payable, disputes arises; this always leads tax objections and tax appeals.
Tax Dispute mechanisms mainly focuses on decisions and appeals. Section 50(1)confers power to the Commissioner to make any decision pertaining to tax including assessment or other decision which are left to his discretion, judgment, opinion, approval, consent, satisfaction and determination under a tax law that directly affects a person. However section 50(2) provides for the assessment and decisions which are excluded under the provision of subsection 1 which are; practice note or any decision involving issuing or revoking practice note, a decision or omission that affects a person as tax officer, employee or agent of the authority, or decision regarding the compounding of offence under any tax law.
A person who is aggrieved by a tax decision made by the Commission General may object the decision by filling an objection to the Commissioner General within 30 days from the date of service of the tax decision. An objection to a tax decision shall be made in writing stating the grounds upon which it is made. Such objection shall not be admitted unless the taxpayer has paid amount of tax which is not in dispute or one third of the assessed tax whichever the amount is greater.
Where the Commissioner General is satisfied that there exist good reason warranting, reduction, or waiver, he may waive the amount to be paid or accept the lesser amount where a taxpayer files an objection and makes payment the liability to the remaining assessed tax shall be suspended until the objection is finally determined.
A person who has a reasonable ground to warrant extension of time to file an objection against the tax decision may apply for an extension of time within 7 days before expiration of the time limit for lodging the notice of objection. Where the Commissioner General is satisfied by the reason started in the application made, he shall grant the extension of time and save the notice of his decision to the applicant.
The tax not in dispute shall be payable at the time of filing the notice of objection and if the due date occurred earlier than the period of thirty days the tax not in dispute shall be payable on that due date; The amount of tax as finally determined after resolving the objection shall, if be lesser than the amount deposited with the Commissioner General, be repaid to the objector. In the case of the tax or duty assessed on imports, the entire amount assessed shall be reckoned to be not in dispute.
The process of appeal falls under four basic procedural steps which are;
1) Tax Decision by the Commissioner General
2) Board Decision
3) Tribunal Decision and
4) Court of Appeal Decision
a) The Tax Administration Act: The principle objective of this Act is to consolidate provisions relating to tax administration with a view to easing the administration of tax and enforcement of tax laws by the Tanzania Revenue Authority and to introduce currency point system in tax administration and to provide matters incidental thereto.
b) Tax Revenue Appeals Act: This as an Act which establishes Tax Revenue Appeals Board and Tax Revenue Appeals Tribunal and to provide for related matters.
c) Tax Revenue Appeals Board Rules: These are the rules which establish procedures to be taken in the process of objecting decisions made by the Commissioner General.
d) Tax Revenue Appeals Tribunal Rules: These are the rules which provides for the procedural steps to be taken when aggrieved by the decision of the board.