Newsletter Issue 5 : 04th September, 2023 Tax Updates in the Tanzanian Mining Sector Please be advised that we are bringing to your attention the latest tax revisions introduced by the Tanzanian Finance Act, of 2023. These revisions specifically target the mining sector and may potentially have implications for your mining business. holder of primary licence holder or artisanal miner” and “Digging for fairness: Balancing tax exemption and adding to the First schedule 4(c) “(vi) in the case of a holder revenue mobilization in the mining sector " of a primary mining licence or artisanal miner referred to in section 83(1)(e)-two percent” 1. VAT Exemption on the Supply of Precious Based on the amendments, the responsibility for paying the Metals, Gemstones and other Precious Stones. tax lies with the Artisanal Miner or holders of a PML. Moreover, it is important to note that the obligation to The Finance Act has replaced Item 25 of the Exemption withhold and remit payments is incumbent on the following Schedule with the following; sale arrangements: “25. Supply of precious metals, gemstones and other precious stones at refineries, buying stations or Mineral and Direct Sale to Dealers: Where the Artisanal Miner or Gem Houses designated by the Mining Commission under holders of PML sell directly to Licensed dealers, the tax shall the Mining Act, Cap. 123”. be withheld by the licensed dealers. Prior to the change, the exemption was only available to small scale miners supplying precious metals, gemstones Sale to Licensed Brokers: When Artisanal Miners or and other precious stones at buying stations or at Mineral holders of PML sell to Licensed brokers, the tax shall be and Gem Houses. *The exemption is effective from 01 July withheld by the licensed brokers and there shall be no 2023. withholding tax when the broker makes a subsequent sale to the dealer. 2. Introduction of Withholding Tax of 2% on the Sale of Minerals. Note: The withholding tax of 2% on the sale of minerals is a final withholding tax meaning that the income from the sale Section 86 (A)(1) of the Income Tax Act has been amended of the above-mentioned minerals will not be subjected to by introducing a withholding tax of 2% on payment for the further income tax. purchase of precious metals, gemstones and other precious stones made to a holder of primary licence holder (PML) or We encourage you to review these changes and assess artisanal miner. The Finance Act amendments are as their potential impact your business. If you have any follows; questions or concerns, please do not hesitate to contact us. “86(a)(1)(g) payment for purchase of minerals made to a Contact us Contact us Grant Thornton Uganda Grant Thornton Tanzania Dar es Salaam Kampala Kumeil Bandali 1st Floor, Viva Towers, Plot 23, 3rd Floor, Lugogo One, Tax Senior Associate Ali Hassan Mwinyi Road Lugogo Bypass, E: kumeil.bandali@tz.gt.com PO Box 7906 PO Box 7158 T:+255 735 052 053 Dar es Salaam, Tanzania Kampala, Uganda E: info@tz.gt.com E: info@ug.gt.com W: www.grantthornton.co.tz W: www.grantthornton.co.ug Disclaimer: This article is written in general terms for guidance purposes only and is not a substitute for professional advice. We have exercised every care in ensuring the accuracy of information contained herein. No person should act specifically on the basis of the material contained herein without considering and taking professional advice. Neither Grant Thornton International Ltd (GTIL), nor any of its personnel nor any of its member firms or their partners or employees, accept any responsibility for any errors this document might contain, whether caused by negligence or otherwise, or any loss, howsoever caused, incurred by any person as a result of utilising or otherwise placing any reliance upon it. © 2023 Grant Thornton Advisory East Africa Limited. All rights reserved. gttanzania.co.tz ‘Grant Thornton’ refers to the brand under which the Grant Thornton member firms provide assurance, tax and advisory services to their clients and/or refers to one or more member firms, as the context requires. Grant Thornton International Ltd (GTIL) and the member firms are not a worldwide partnership. GTIL and each member firm is a separate legal entity. Services are delivered by the member firms. GTIL does not provide services to clients. GTIL and its member firms are not agents of, and do not obligate, one another and are not liable for one another’s acts or omissions.