MONTHLY TAX OBLIGATIONS

Transcription

1 NEWSLETTER SEPTEMBER 2017

2 MONTHLY TAX OBLIGATIONS DATE OBLIGATION DESCRIPTION LEGAL BASIS DAY 10 Social Security Payment of employees Social security contribution from salaries of previous month. Art.11 of Decree no. 53/07, of 3 December Stamp Tax Payment of taxes related to bills of exchange and promissory notes resulting from the use of credit in financial transactions and insurance polices which fiscal obligations were incurred in the previous month. Art.16, no.1 of Decree no. 6/2004 IRPS (Personal Income Tax) Payment of withheld taxes from Personal Income Tax Code (includes PAYE) Art.65 CIRPS IRPC (Company Income Tax) Payment of Corporate Tax No.5, Art.67 CIRPC Specific Tax on Oil Production Payment of Oil production taxes for the previous month. Art.10 of Decree no. 4/2008 Mining Production Tax Payment of mineral extraction taxes for the previous month. Art.10 of Decree no. 5/2008 DAY 15 Normal Regime Submission to relevant Tax Authority the periodic statement of the previous month when there are credits. Art.25, point c), no.1, Art. 32 of CIVA Normal Regime THE LAST DAY OF VAT Submission to relevant Tax Authority the periodic statement of the previous month with respective payment. Taxpayers who did not perform any taxable transaction are also required to submit periodic statement. Art.25, point c), no.1, Art. 32 of CIVA THE MONTH Isolated acts Taxable persons who performed independently a single taxable transaction should submit the respective statement (Model E) Art.33 of CIVA

3 CORPORATE ADVANCE PAYMENT Companies with organized accounting will have to pay the third instalment of the Advancement of Company Income Tax. Companies with different tax period of December 31, must pay the Advancement of Company Income Tax on the 5th, 7th and 9th month of the tax calendar. Note that the Advanced Payment is 80% of collection paid in the previous year divided into three equal instalments rounded up (paragraph 2 of article 28. CIRPC of regulation). In the case of last instalment should be noted that if the taxpayer check that the amount of the advance payment already made is equal to or greater than the tax that is due based on taxable income for the year, can no longer make new payment, but must remit to the tax authority a declaration of limitation payment due until fifteen days before the expiry of the deadline for payment. IMPORTANT NOTE: the Tax Authority does not accept that the excess payment is transferred as credit toward the following year, forcing taxpayers to request a refund. Please note that this process has had serious problems and therefore we advise rigorous analysis of the estimated tax. NEW SOCIAL SECURITY REGULATION The Ministry of Labor, Employment and Social Security (MITESS) has recently approved the new Social Security regulation. According to MITESS, this regulation has as main innovations the extension of the guarantee period for the granting of pensions, the introduction of the reduced pension, as well as measures and mechanisms that allow a greater efficiency in the management of collection of contributions. According to MITESS, with regard to the extension of the guarantee period for the granting of pensions, the new regulation sets 240 months as the minimum period of contributions, contrary to the 120 months stipulated by the regulation still in force. With regard to the reduced pension, MITESS reported that the new regulation ensures that workers who have paid at least half of the contributions can qualify for a pension, contrary to the current situation where the worker reaches retirement age by old and not having filled the total number of months with contributions receives allowance paid in one go. MITESS also informed that this regulation also guarantees the possibility for Self-Employed Workers to advance contributions until a limit of 12 months as a way of being exempted from a monthly obligation that they may not be able to meet due to uncertainty the nature of their work. Finally, this regulation foresees the debt payment agreement of companies' contributions, in order to create conditions for the fulfillment of this obligation without the need for judicial intervention. We do not discart the possibility of other relevant changes, so a complete analysis can only be done after publication in the Bulletin of the Republic, which has not yet happened. The information above can be found on the website of the National Institute of Social Security.

4 M-CONTRIBUIÇÃO PLATAFORM AVAILABE AT INSS WEBSITE We remind that the communication platform called M-Contribuição (Minha Contribuição) which allows beneficiaries to consult their social security contributions status throught electronic means of communication, is available on the website of the National Social Security Institute (INSS). This tool also allows the beneficiaries to prepare and follow up on the various applications submitted to the INSS, thereby, making it unnecessary to travel to INSS offices. LEGISLATION PUBLISHED DURING THE MONTH OF AUGUST COUNCIL OF MINISTERS: Decree No. 45/2017: Amends articles 1, 2, 3, 4, 5, 6, 7 and 11 of the Regulation on the Registration System of Motor Vehicles and Trailers, approved by Decree No. 51/2007 of 27 November. Decree No. 43/2017: Concerning the revision of Decree No. 46/2009, of August 19, establishing the INAE Decree No. 42/2017: Approves the Export Processing Regulation for Processed Wood and revokes Decree No. 21/2011, of 1 June. Decree No. 41/2017: Approves the Regulation of the Audiovisual and Cinema Law. Decree No. 40/2017: Approves the Regulation of the Exposure to Electromagnetic Radiation of Radiocommunications Stations. Decree No. 39/2017: Approves the simplified legal regime of licensing for the exercise of economic activities, which includes the simplified license and the certificate of prior communication. Decree No. 38/2017: Establishes the period from March 1 to April 29, 2018, for the accomplishment of the electoral registration of root for the Fifth Local Elections. Decree No. 35/2017: Classifies the Monumento e Centro de Interpretação da Matola (MOCIM), as National Cultural Heritage. Decree No. 34/2017: Creates the Monumento e Centro de Interpretação da Matola, a cultural monument, abbreviated as MOCIM, located in the City of Matola, Maputo Province. Resolution No. 37/2017: Ratifies the Donation Agreement between the Government of the Republic of Mozambique and the International Development Association (IDA), on 17 July 2017 in Maputo, in the amount of USD 62,000,000, which is intended to finance the Project of National Statistics and Data for Development. Resolution No. 36/2017: Ratifies the Credit Agreement signed between the Government of the Republic of Mozambique and the International Development Association (IDA) on 13 July 2017 in Maputo in the amount of USD 59,000,000, which is intended for additional financing for the Education Sector Support Project. Resolution No. 35/2017: Ratifies the Credit Agreement signed between the Government of the Republic of Mozambique and the International Development Association (IDA) on 13 July 2017 in Maputo in the amount of USD 10,000,000, which is intended for additional financing for the Social Protection Project. Resolution No. 34/2017: Ratifies the Credit Agreement between the Government of the Republic of Mozambique and the Arab Bank for Economic Development in Africa (BADEA), on May 18, 2016, in Indonesia - Jakarta, in the amount of USD 10,000,000, which is intended for

5 the financing of the Construction Project of the Geology Department and the Administration Building of the Faculdade de Ciências, Campus Universitários - UEM. ASSEMBLY OF THE REPUBLIC: Resolution No. 15/2017: Approves the information of the committee on petitions and complaints to the fifth ordinary session of the Assembly of the Republic. Resolution No. 14/2017: Approves the information of the Constitutional, Human Rights and Legality Committee on the revision of the Code of Execution of Sentences and Private and Noncustodial Measures to the Fifth Ordinary Session of the Assembly of the Republic. Resolution No. 13/2017: Approves the report of the Parliamentary Office for the Prevention and Combat of HIV and AIDS. Resolution No. 11/2017: Approves the information of the Committee on Constitutional, Human Rights and Legality to the V Ordinary Session of the Assembly of the Republic on the revision of the Code of Criminal Procedure. Law No. 9/2017: Approves the status of bailiffs and assistants of bailiffs of the Courts, Constitutional Council and Public Prosecution Service. Law No. 8/2017: Law of Atomic Energy. Law No. 7/2017: Creates new localities by provinces, by district and by Administrative Post. Law No. 6/2017: Creates new administrative posts by provinces and districts. MINISTRY OF ECONOMY AND FINANCE: Delegates to the Substitute National Director of State Patrimony the competence to sign documents concerning the sale of propriety in favor of individuals, provided for in Article 12, paragraph 2, of Decree No. 2/91, of January 16. NATIONAL ELECTORAL COMISSION: Deliberation No. 9/CNE/2017: Approves models of credentials for representatives, prosecutors, delegates of candidacies and observers for the municipal electoral cycle of INTERMINISTERIAL COMMITTEE ON THE REFORM OF THE PUBLIC ADMINISTRATION: Resolution No. 8/2017: Approves the organic status of the Instituto de Cereais de Moçambique. Resolution No. 7/2017: Approves the organic statute of the Instituto Nacional do Desporto and revokes Resolution No. 46/2010, of December 31, of the Interministerial Commission of the Civil Service. PRIME MINISTER: Assigns to the managers, technicians and employees of the restructured company, eligible under the Law and for that purpose, duly identified, the participation of 10 per cent of the share capital of Mobeira, SARL. Assigs to the managers, technicians and employees of Emocat, EE, - Unit I, eligible under the Law and, for this purpose, duly identified the acquisition of 20 percent of the capital stock of Autovisa - Serviços Auto SARL and designates IGEPE - Instituto de Gestão das Participações do Estado management entity competent to grant the deed of alienation on behalf of the state. PRESIDENCY OF THE REPUBLIC: Presidencial Dispatch No. 18/2017: Appointes José Maria da Silva Vieira de Morais as the High Commissioner of the Republic of Mozambique to the Community of Australia. Presidencial Dispatch No. 17/2017: Appointes José Maria da Silva Vieira de Morais as the High Commissioner of the Republic of Mozambique to New Zealand. SUPREME COURT: Creates and specializes sections in the Judicial Court of Maputo Province and specializes sections in the Judicial Court of the City of Tete. MINISTRY OF SCIENCE AND TECHNOLOGY, HIGHER EDUCATION AND TECHNICAL PROFESSIONAL: Authorizes the Associação de Estudantes Universitários e Amigos da UP - ASSEUA to change the name Instituto Médio de Gestão, Comércio e Finanças, Delegação de Massinga for the denomination: Instituto Médio de Gestão e Tecnologia - IGET, Delegação de Massinga.

6 DECISIONS TAKEN BY THE COUNCIL OF MINISTERS - AUGUST Law that establishes the principles and rules applicable to the business sector of the State to be submitted to the Assembly of the Republic; Decree that approves the Social Security Regulation and revokes Decree No. 53/2007, of 03 December; Resolution approving the Mining Contract Terms for Graphite Extraction in Balama District, Cabo Delgado Province, to be signed between the Government of the Republic of Mozambique and the Company Twigg Exploration and Mining, Lda, and delegates to the Minister who oversees the area of Mineral Resources to sign the respective Agreement on behalf of the Government; Action Plan for the Participation of Mozambique in the Expo , Dubai; Decree that amends the Terms of the Concession Agreement of the Chitíma to Macuse Railway Line, approved by Decree No. 75/2013, of December 31; Decree Decree amending the terms of the Concession Agreement for the Infrastructure of the Terminal Portuário de Carvão de Macuse, in the Province of Zambézia, approved by Decree No. 76/2013, of December 31; Decree approving the Regulation of Safety of Rejected Dams; Resolution that approves the Border Policy; Balance of the PES and the Report on the Execution of the State Budget, both of the first half of 2017, to be submitted to the Assembly of the Republic; Decree that amends the Regulation of Law No. 11/2009, of March 11 - Foreign Exchange Law; Decree amending articles 4, 7, 8, 9 and 15 of Decree No. 60/2016 of 12 December establishing the Agência para a Promoção de Investimento e Exportação (APIEX); Resolution approving the Policy and Strategy for the Sea (POLMAR); Decree approving the Organic Statute of the Serviço Nacional de Investigação Criminal (SERNIC), created by Law No. 2/2017 of January 9; Resolution granting Goodbye Malaria Foundation the status of a person with legal personality.

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8 CONTACTOS CONTACTS Av. 25 de Setembro, 1230, 25 de Setembro Avenue, 1230, 3º Andar Bloco 5 CP th Floor Block 5 CP 4200 Maputo Maputo República de Moçambique Republic of Mozambique Tel.: Tel.: eferreira@bdo.co.mz eferreira@bdo.co.mz Esta informação foi cuidadosamente preparada, mas foi escrita em termos gerais e deve ser vista apenas This information has been carefully prepared, but it has been written in general terms and should be como seen uma as broad orientação guidance ampla. only. A The informação information não cannot pode ser be invocada relied upon para to cobrir cover specific situações situations específicas, and e you should not act, or refrain from acting, upon the information contained therein without obtaining specific não deve agir ou não agir, com base nas informações nela contidas sem a obtenção de aconselhamento professional advice. Please contact BDO Lda. to discuss these matters in the context of your particular profissional circumstances. específico. BDO Lda., Entre its em partners, contacto employees com BDO Lda. and agents para discutir do not estas accept questões or assume no contexto any liability das or duty of care for any loss arising from any action taken or not taken by anyone in reliance on this information or for any decision based on it. suas circunstâncias particulares. BDO Lda, seus sócios e colaboradores não irão aceitar ou assumir qualquer responsabilidade ou dever de cuidar de eventuais perdas decorrentes de medidas tomadas ou não tomadas por qualquer pessoa baseando-se nesta informação ou para qualquer decisão com base nela. BDO Lda., a Mozambican limited company, is a member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms. BDO is the brand name for the BDO network and for each of the BDO Member Firms Legal authorization to work in Audit and Certification of Accounts by order of 27/10/99 Vice-Minister of Planning and Finance Copyright BDO Lda. All rights reserved.. Please consider the environment before printing this document