Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698831271697.pdf (Zambia)
Property Transfer Tax (Amendment) [No.

22 of 2020 343 GOVERNMENT OF ZAMBIA ACT No.

22 of 2020 Date of Assent: 18th December, 2020 An Act to amend the Property Transfer Tax Act.

[18th December, 2020 ENACTED by the Parliament of Zambia.

1.

(1) This Act may be cited as the Property Transfer Tax (Amendment) Act, 2020, and shall be read as one with the Property Transfer Tax Act, in this Act referred to as the principal Act.
(2) This Act shall come into operation on 1st January, Enactment Title and Commence- ment Cap.

340 2021.

2.

Section 2 of the principal Act is amended by the insertion of the following new definition in the appropriate place in alphabetical order: Amendment of section 2 “Authority” means the Zambia Revenue Authority established under the Zambia Revenue Authority Act;.

3.
3.

Section 3(2) of the principal Act is amended by the deletion of the words “Domestic Taxes Division” and the substitution therefor of the word “Authority”.

Cap.

321 Amendment of section 3 4.


Section 4 of the principal Act is amended by the insertion of the following new subsection immediately after subsection (1A): Amendment of section 4 (1B) A transfer of shares referred under subsection (1A), is not liable to tax if the total value of the transferred shares over a period of three years represents less than ten percent of the total value of shares in the company incorporated in the Republic.
Single copies of this Act may be obtained from the Government Printer, P.O.

Box 30136, 10101 Lusaka, Price K8.00 each.

344 No.

22 of 2020] Property Transfer Tax (Amendment) Amendment of section 5 5.
Section 5 of the principal Act is amended by the— (a) deletion of subsection (2A) and the substitution therefor of the following: (2A) Where the property to be valued is a share issued by a company incorporated outside the Republic that directly or indirectly owns at least ten percent of a company incorporated in the Republic, the realised value shall be whichever is greater of the— (a) effective shareholding multiplied by the value of the transferred shares; (b) effective shareholding multiplied by the consideration for the transferred shares; and (c) effective shareholding multiplied by the nominal value of the transferred shares.
; (b) insertion of the following new subsections immediately after subsection (2A): (2A),where (2B) Despite the subsection Commissioner-General is satisfied that a transfer is made for the purpose of group reorganisation and that there is no change in the effective shareholding with respect to the company incorporated in the Republic, the Commissioner- General may determine a nil value for that transfer except that this subsection shall not apply to a company that has not been part of the group of companies for at least three years preceding the transfer.
(2C) For the purposes of this section, effective shareholding means the extent of control or ownership in the company incorporated in the Republic by the company incorporated outside the Republic expressed as a percentage.

; and (c) renumbering of subsections (2B) and (2C) as (2D) and (2E), respectively.

6.

Section 6(1)(d) of the principal Act is amended by the deletion of the words “or trust”.

7.
7.

Section 9 of the principal Act is amended by the deletion of subsection (2) and the substitution therefor of the following: Amendment of section 6 Amendment of section 9 Property Transfer Tax (Amendment) [No.
22 of 2020 345 (2) The provisional return referred to in subsection (1) shall be— (a) in Kwacha, except that where the transaction which is the subject of the provisional return is in another currency the values shall be converted into Kwacha at the appropriate Bank of Zambia mid-rate as at the end of the day immediately preceding the day on which the provisional return is submitted; and (b) submitted— (i) in the case of land, to the Commissioner of Lands together with the application for consent to transfer the property; and (ii) in all other cases, to the Commissioner-General within thirty days of the transfer.
346