29 Deductions Generally
29 Deductions Generally
29 Deductions Generally
Deductions generally
(2) Only one deduction is allowed under this Act in respect of the same
matter in any charge year:
(a) exceed thirty per cent of the tax earnings before interest, tax,
depreciation and amortisation; and
(6) This section does not apply to an institution registered under the
Banking and Financial Services Act, 2017, the Pension Scheme Regulation
Act, or the Insurance Act, 1997.
(3) Where the accounts of a bank made up for the bank's accounting
period ending in the charge year ending 31st March, 1999 recognise any
foreign currency exchange gain or loss but that gain or loss is not realised
within the meaning of sub-section (1) in that charge year, then the amount
of that gain or loss shall be deemed to be a gain or loss of the business
carried on by the bank assessable or deductible, as the case may be, in
the charge year ending 31st March, 2000.
30. Losses
(a) a source other than a mining operation, shall be deducted from that
person's income from the same source on which the loss was incurred;
and
(b) a mining operation, shall be deducted from 50 percent of the
income of the person from the mining operation.
(b) in any other case shall not be carried forward beyond five
subsequent years after the charge year in which the loss was incurred.
30A. Indexation of losses
Where:
R1 is the Kwacha against the United States Dollar at the average exchange
rate for the accounting year preceding the accounting year in which the
loss is being claimed; and
R2 is the Kwacha against the United States Dollar at the average exchange
rate for the accounting year in which the loss is being claimed.
(3) The Kwacha against the United States Dollar exchange rate to be
used for the purpose of subsection (2) is the average Bank of Zambia mid-
rate for the relevant accounting years.
31. Transfer of losses
If a company has incurred a loss on a source for the purposes of this Act
and that company in this section called the old company) -
the new company after the transfer referred to in paragraph (c) shall be
allowed the old company's loss as deduction from income from the same
source as that in which the old company's loss was incurred to the extent
that the loss has not been allowed as a deduction under this Act for any
charge year and such loss shall be allowed in accordance with the
provisions of section 30:
Provided that the combined period of loss carried forward for both the
old and new companies shall not exceed five years.
33. Capital allowances
(3) For the purposes of this section indexed capital allowances shall be
computed as follows:
Where:
R1 is the Kwacha against the United States Dollar at the average exchange
rate for the accounting year preceding the accounting year in which the
capital allowance is being claimed; and
R2 is the Kwacha against the United States Dollar at the average exchange
rate for the accounting year in which the capital allowance is being
claimed.
(4) The Kwacha against the United States Dollar exchange rate to be
used for the purpose of subsection (3) is the average Bank of Zambia mid-
rate for the relevant accounting years.
(5) Despite the other provisions of this Act, a capital allowance granted
under this section shall be granted for a charge year irrespective of the
period covered by the accounts being assessed.
34. Investment allowances
Where a person incurs capital expenditure on the construction of,
addition to, or alteration of any industrial building, as defined in
paragraph 1 of the Fifth Schedule, to be used by him for the purposes of
his business as a manufacturer, an investment allowance of 10 per
centum of such expenditure shall be deducted in ascertaining the gains or
profits of that business for the year in which the said building, addition or
alteration is first used for the said purposes.
34A. Development allowance
Where any amount is paid by any person after the cessation of his
business which, if it had been paid prior to the cessation, would have
been deductible in computing his gains or profits from the business, then,
to the extent to which that amount has not already been deducted in
computing the gains or profits, it shall be deducted from his income for
the charge year in which it is paid or, if he has not income in that charge
year, from his income for the charge year in which the business ceased,
and such deduction shall be made before deductions under sections 30,
31 and 32.
38. Technical education
[S 38 am by Act 26 of 1970.]
39. Subscriptions
40. .
(c) subject to sub-sections (2) and (3), the Minister approves the public
benefit organisation to which the payment is made:
(3) The Minister may withdraw an approval given under paragraph (c) of
sub-section (1), if the public benefit organisation-
(c) uses resources for a purpose other than that provided for in the
organisation's objectives.
(4) A deduction in the charge year under this section shall be allowed
before a deduction under sections 30, 31, 32 and 36 and shall not exceed
15 per centum of the assessable income of a person for that charge year.
42. .
(2) Where a deduction has been allowed under sub-section (1) in respect
of any debt, and in the subsequent charge year part or all the debt is
recovered, the amount of the recovery or, where less, the total deductions
allowed in one or more charge years in respect of that debt, shall be
assessable in the charge year in which the recovery is received:
Provided that where recoveries are effected in more than one charge
year, the total amount assessable in each charge year after the first such
charge year shall not exceed the amount of the recovery in that later year
or, where less, the total of the deductions previously allowed less any
recoveries assessable in previous charge years.
[S 43A(3) ins by s 9 of Act 4 of 2000 w.e.f. 1 April 2000b) subs by s 4 of Act 7 of 2014
w.e.f. 1 January 2015.]
43B. ...
43C. .
44. Case of no deduction
(f) .
(ii) .
[S 44(h) proviso para (iii) am by s 8(b) of Act 9 of 1998 w.e.f. 1 April 1998 function
a105(msg)
{ myWindow=window.open('','','width=233,height=156,left=400 ,scrollbars=1,top=400,
screenX=400,screenY=100');myWindow.document.write(msg);}*.]
(j) .
(k) .
(l) the cost of any benefit or advantage not capable of being turned into
money or money's worth that is provided to employees, subject to such
directions as shall be issued by the Commissioner-General;
[S 44(l) am by s 8(c) of Act 9 of 1998 w.e.f. 1 April 1998a) of Act 4 of 2000 w.e.f. 1 April
2000*.]
(o) provision for a contingent employee cost that is not paid out to the
employee in the charge year; and