Tax Administration
Tax Administration
Tax Administration
REGULATIONS
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ARRANGEMENT OF REGULATIONS
Regulations Title
PART I
PRELIMINARY PROVISIONS
1. Citation
2. Interpretation
PART II
REGISTRATION OF TAX CONSULTANTS
PART IV
PRIVATE AND CLASS RULING
PART V
ELECTRONIC FISCAL DEVICES
(a) Registration and Licensing of Users
29. Registration of users
30. Licensing of Electronic Fiscal Device
31. Certification of Electronic' Fiscal Device suppliers
32. Approved supplier rights and obligations
33. Appointment of Electronic Fiscal Device manufacturer
(e) Administration
PART VI
TIN CERTIFICATES
PART VII
ELECTRONIC FILING AND PAYMENT
(a) Registration for e-filing
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PART VIII
DISTRAINT OFFICERS AND AGENTS
PART IX
DISPUTE RESOLUTION REGARDING TAX DECISIONS
PART X
PUBLICATION OF OFFENDERS
PART XI
COMPOUNDING OF OFFENCE
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SCHEDULES
REGULATIONS
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PART I
PRELIMINARY PROVISIONS
PART II
REGISTRATION OF TAX CONSULTANTS
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assessment.
(3) Subject to the genuinity an application for
approval as a tax consultant shall be processed by the
Commissioner General within thirty days from the date of
receipt.
(4) An approval as a tax consultant issued under
subregulation (1) shall expire after a period of two years
from the date of approval, and may be renewed by using
form ITX376.01.E set out in the First Schedule.
(5) A person registered and approved under
subregulation (1) shall be issued with a certificate of
registration and approval as the case may be.
(6) The Commissioner General shall cause to be
published regularly in a local newspaper with national
wider circulation-
(a) new entries in the Register of Tax Consultants
including the name, address, Taxpayer
Identification Number and registration number
of each new Tax Consultant; and
(b) any other changes to the Register including
persons deregistered.
PART III
TAX AUDIT AND TAX INVESTIGATION
Audit findings 20. Upon completion of the audit under this Part,
auditors shall-
(a) issue tax audit findings; and
(b) serve tax audit findings to the person audited .
PART IV
PRIVATE AND CLASS RULING
Application of 22.-(1) A person may apply to the Commissioner
private and
class ruling General for a private or class ruling on how a tax law may
apply or would apply to an arrangement.
(2) An application made under subregulation (1)
shall comply to the disclosure requirements provided for
under section 11 of the Act and these Regulations and be
in the prescribed form set out in the Third Schedule to
these Regulations.
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PART V
ELECTRONIC FISCAL DEVICES
devices.
(6) Every user using electronic signature devise
shall, for purposes of business continuity and efficient
availability of data, daily back up data on his personal
computer which the electronic signature device is
connected and store the backed up data in a secure
place.
(7) Where a user's Electronic Fiscal Device fails
to operate for any reasons, the user shall within a period
of twenty four hours, report the incidence in writing to
the approved supplier and the Commissioner General.
(e) Administration
Electronic 39.-(1) The Commissioner General shall form an
Fiscal Device
Technical Electronic Fiscal Device Technical Committee to advise
Committee him on all matters relating to technical aspects regarding
the administration of Electronic Fiscal Device.
(2) The Commissioner General shall appoint not
less than five persons from within Tanzania Revenue
Authority and other institutions who shall be responsible
for the formulation and implementation of all matters
pertaining to the administration of this Part.
(3) The Electronic Fiscal Device Technical
Committee established under subregulation (1) shall
consist of a Chairman and a Secretary from within
Tanzania Revenue Authority and other members’
representing the following institutions-
(a) the Ministry responsible for finance;
(b) the Tanzania Revenue Authority;
(c) the Tanzania Bureau of Standards;
(d) the Tanzania Communication Regulatory
Authority; and
(e) any other person as may be deemed
necessary.
(4) The Electronic Fiscal Device Technical
Committee shall advice the Commissioner General on
all matters pertaining to the administration of this Part
including:
(a) advising the Commissioner General on all
matters pertaining to the governance of
Electronic Fiscal Device operations;
(b) advising the Commissioner General on the
issuance of Electronic Fiscal Device
certificate of usage upon satisfaction of the
specified technical and functional
characteristics;
(c) inspecting the Electronic Fiscal Device for
which the certificate is issued as well as the
repair activity operations;
(d) rejecting the usage of defective Electronic
Fiscal Device;
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PART VI
TIN CERTIFICATES
PART VII
ELECTRONIC FILING AND PAYMENT
Return;
(nn) Reminder Letter for Submission of Tax
Return; and
(oo) Tax Clearance Certificate.
(2) The Commissioner General shall prepare an
electronic format of the documents mentioned in
subregulation (1) and avail them on the Tanzania
Revenue Authority website for use by electronic filers.
(3) The formats in subregulation (1) shall be
assigned with a specific number which must be quoted
by the e-filer.
PART VIII
DISTRAINT OFFICERS AND AGENTS
PART IX
DISPUTE RESOLUTION REGARDING TAX DECISIONS
Objection to tax 92.-(1) A person may object a tax decision made
decision
by the Commissioner General under any tax law in
accordance with section 51 of the Act.
PART XI
COMPOUNDING OF OFFENCE
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SCHEDULES
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FOURTH SCHEDULE
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(Made under regulation 31(1))
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CERTIFICATION ELECTRONIC FISCAL DEVICE SUPPLIERS APPROVAL PROCEDURE
For purpose of Suppliers Registration and Certification and EFD
licensing, the following documentation and process shall be adopted before the
machine is licensed and supplier is certified by the Commissioner General:
(a) detailed specification of the machines supplier plans to introduce
in the market, in compliance with the specification described
under these Regulations 2015;
(b) name of the manufacturers of the machines and brief history;
(c) certificate from the manufacturers or importers;
(d) names of countries where the machines have been successfully
operating;
(e) brief explanation of security features for software and hardware;
(f) information on whether the EFD can securely interface with
taxpayers systems in case a taxpayer is already using other
machines and capable of transmitting information to TRA central
database;
(g) brief back ground of supplier's business and experience in dealing
with the machines;
(h) supplier's detailed training program for the operation and
programming of the machines, the length of time required for the
training and the training fees, if any;
(i) the technical, maintenance and repair service that the supplier will
provide and the replacement parts supplier shall keep in their
inventory;
(j) the amount of finance the supplier plans to allocate to the
project;
(k) expected selling price for the machines;
(l) the guarantee supplier will provide in case of malfunction;
(m) supplier's bankers;
(n) list of qualified technical staff capable of performing periodic
maintenance;
(o) any other relevant information the supplier's may wish to include
in the business plan; and
(p) the proposal shall be accompanied with the following documents:
(i) operation and maintenance catalogues;
(ii) photographs or block diagram;
(iii) component lists;
(iv) descriptive reports and security features write-up
sample of all documents printed by the machine; and
(v) certificate of the safety for the electronic tax register
or printer.
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FIFTH SCHEDULE
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PART I
(GENERAL TECHNICAL REQUIREMENTS)
PART II
HARDWARE SPECIFICATIONS
Physical features 2. The Electronic Fiscal Device shall have the following
physical features:
(a) a Fiscal Memory in-built in Raisin Epoxy that cannot
be erased by mechanical, chemical or electromagnetic
interference;
(b) a screw with a scalable top that can be sealed with lead
or wax and sealed with a unique seal issued to the
supplier. The machine shall not be able to be opened,
unless the seal is broken and the screw removed;
(c) a port preferred USB and ETHERNET or RS 232 ports
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Fiscal memory 4. The Electronic Fiscal Device shall have the following
capabilities f iscal memory capabilities. The fiscal memory shall record the
following data:
(a) the date and time of commencing and ceasing of daily
operations;
(b) the EFDs identification number. This is a unique
number that identifies the user and the EFD itself;
(c) the tax rates assigned to the description of goods and
services;
(d) the value of the sales without the tax, the value of sales
exempted from tax divided into categories of
individual tax rates, total amount of tax and total
amount of the sales, including tax;
(e) the serial numbers and the dates for the resetting of the
report every twenty four hours;
(f) the numbers and dates of resetting of the register
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Security and 6. The Electronic Fiscal Device shall have the following
reliability security and reliability:
(a) password that will be uniquely used by users and the
facility to change password. The minimum length of
the password must be 6 digits;
(b) shall be registered on protected memory and not
modified;
(c) shall be kept free from computer virus attack;
(d) has internal authentic data management;
(e) has intrinsic protection against unauthorised actions;
(f) has application upgrades that run independently
without confronting security functions;
(g) can automatically save configured data and records on
permanent memory;
(h) can automatically handle electronic journal memory of
all sorts;
(i) has rechargeable internal batteries as well as power
supplies;
(j) can print Z sales report before any configuration
change;
(k) cannot allow update of stored data or reverse of
transactions; and
(l) has unique serial number from the manufacturer
allocated per country, in this case, a unique serial
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approval; and
(c) supplied with its manual, software, accessories and all
necessary documentations.
PART III
FISCAL MANAGEMENT SOFTWARE
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Weekly gross 12. The weekly gross sales shall contain daily gross sales
sales (Z daily transaction records).
Monthly gross 13. Monthly gross sales shall contain daily gross sales (Z
sales daily transaction records) with weekly subtotals.
Annual gross 14. The annual gross sales shall contain daily gross sales
sales (Z daily transaction records) with monthly subtotals.
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SIXTH SCHEDULE
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PART I
REQUIRED RECORDS AND INFORMATION TO BE GENERATED
BY ELECTTRONIC FISCAL DEVICE
Daily report 3.-(1) The Electronic Fiscal Device shall generate "Z" daily
transaction report, even where no daily transaction has taken place and
the daily running totals in the working memory give zero.
(2) The information printed on the "Z" report shall be
contained between the phrase "START OF LEGAL RECEIPT and
"END OF LEGAL RECEIPT".
(3) The information to be contained in a daily report ("Z"
Daily transaction record) from Electronic Fiscal Device shall be as
follows:
(a) name or trading name and address of the business;
(b) taxable goods or services;
(c) VAT Registration Number (VRN) and Taxpayer
Identification Number (TIN);
(d) tax offices which assess the taxpayer or users of the
approved Electronic Fiscal Device;
(e) heading "Z" daily transaction report;
(f) the serial number of the Z daily transaction report;
(g) the identification number of the approved Electronic
Fiscal Device, where there is more than one approved
Electronic Fiscal Device in the same out let;
(h) the time and date the “Z” daily transaction report was
generated;
(i) the daily running and cumulative totals, such as:
(i) taxable supplies;
(ii) total gross sales;
(iii) total gross sales, if any; and
(iv) any reports from the tax data memory since the
previous (last) "Z" daily transaction report was
generated stating:
(aa) the number of revenue receipts
generated for the day;
(bb) changes in VAT prices (in details
from .... to ….);
(cc) discounts, mark ups, changes and
corrections;
(dd) number of working memory errors,
name changes (in details from
....to ...);
(ee) number of printer disconnections; and
(ff) number of interventions by authorised
engineer or technician.
(j) the reports from the data memory from when the
approved Electronic Fiscal Device was registered,
including the current tax daily transaction, stating:
(i) the running VAT totals (one for each VAT
rate);
(ii) the total gross supplies the Electronic Fiscal
Device was commissioned; and
(iii) distinguishing between zero-rated, taxable and
exempt supplies.
(aa) number of revenue receipts
generated;
(bb) total number of VAT rate charges;
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(cc)
total number of working memory
errors;
(dd) total number of name changes;
(ee) total number of spontaneous printer
disconnections;
(ff) number of intervention; and
(k) the licence number of the approved Electronic Fiscal
Device.
PART II
OPERATIONAL REPORTS
Daily gross 7.-(1) The daily report shall contain the following
sales information for any given trader the:
(a) serial number of the transaction;
(b) location of the taxpayer;
(c) licence number of the Electronic Fiscal Device;
(d) Taxpayer Identification Number (TIN) of the customer;
(e) VAT Registration Number (VRN), if any;
(f) receipt or invoice number;
(g) items sold;
(h) quantity;
(i) unit price;
(j) values;
(k) date of the transaction;
(l) discounts, if any;
(m) net value;
(n) VAT rate;
(o) VAT amount;
(p) total gross sales and cumulative totals by distinguishing
between taxable, exempt and zero rated; and
(q) sales made in respect of Income Tax.
(2) The system shall allow the user to filter report according
to taxable, exempt or zero rated sales or any required label.
Weekly gross 8. The weekly gross sales shall contain daily gross sales (Z
sales daily transaction records).
Monthly gross 9. Monthly gross sales shall contain daily gross sales (Z
sales daily transaction records) with weekly subtotals.
Annual gross 10. The annual gross sales shall contain daily gross sales (Z
sales daily transaction records) with monthly subtotals.
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SEVENTH SCHEDULE
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NINETH SCHEDULE
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PART I
ATTACHMENT OF CHARGED ASSETS
PART II
SALE
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SIXTEENTH SCHEDULE
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FORMS
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Telephone:
Approved Date:
Taxpayer Name
Trading Name
Taxpayer Identification Number
(TIN)
Company Registration Number
VAT Registration Number
This is to certify that the above registered Taxpayer has complied with the tax laws and has been granted
Tax Clearance Certificate with respect to the following business(es):
…………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………
…………………………
This Certificate should be tendered in its original form and is valid only if it is embossed with the Official Seal.
………………………………………………………………………………….
COMMISSIONER FOR DOMESTIC REVENUE
Date: …………………………………………………
Official Seal
Disclaimer: This Tax Clearance Certificate shall not preclude the Commissioner General from demanding and recovering
taxes established after issuance of this Certificate.
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