Namibia Taxation Summary 2015 Page 1 of 14. Sage HR Africa. Namibia Taxation Summary Last Saved by Schoeman, Christine

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1 Namibia Taxation Summary 2015 Page 1 of 14 Sage HR Africa Namibia Taxation Summary 2015

2 Namibia Taxation Summary 2015 Page 2 of 14 TABLE OF CONTENTS 1. INTRODUCTION OFFICIAL CURRENCY TAX YEAR END REVENUE SERVICE BASIS OF TAXATION AND TAX RESIDENCY ADMINISTRATION AND COMPLIANCE THE EMPLOYER S DUTIES ISSUING OF TAX CERTIFICATES PAYE5 CERTIFICATE RETURNS EMPLOYMENT INCOME REMUNERATION ALLOWANCES BACKPAY EXEMPT INCOME FRINGE BENEFITS MEALS LOANS (OTHER THAN HOUSING LOANS) HOUSING BENEFIT HOUSING LOANS AND MORTGAGE SUBSIDIES USE OF MOTOR VEHICLES FREE OR SUBSIDISED SERVICES TEMPORARY HOLIDAY ACCOMMODATION TAX DEDUCTIBLE DEDUCTIONS PENSION AND PROVIDENT FUND CONTRIBUTIONS RETIREMENT ANNUITY FUND CONTRIBUTIONS STUDY POLICY CONTRIBUTIONS MEDICAL AID GRATUITIES PART-TIME EMPLOYEES... 9

3 Namibia Taxation Summary 2015 Page 3 of SCHOLARS AND FULL-TIME STUDENTS INDEPENDENT CONTRACTOR TAX TABLES PAYMENTS OF PAYE, PENALTIES AND INTEREST SOCIAL SECURITY MATERNITY LEAVE, SICK LEAVE AND DEATH BENEFIT FUND (MSD FUND) EMPLOYEES COMPENSATION FUND (ECF) VET LEVY LEAVE ANNUAL LEAVE SICK LEAVE COMPASSIONATE LEAVE MATERNITY LEAVE AFRICA SUPPORT... 14

4 Namibia Taxation Summary 2015 Page 4 of Introduction 1.1 OFFICIAL CURRENCY The official currency of Namibia is Namibian Dollar (N$). 1.2 TAX YEAR END Namibia s tax year is from March February. Namibia Taxation Summary 1.3 REVENUE SERVICE Ministry of Finance Website: 2. Basis of Taxation and Tax Residency Namibia has a source based system of taxation with the result that Namibian residents are only taxed on their Namibian income while foreign residents are taxed only on the income generated within Namibia. Normal tax is thus levied on taxable income of individuals from sources within or deemed to be within Namibia. 3. Administration and Compliance 3.1 THE EMPLOYER S DUTIES An employer is required to: Register as an employer with the Receiver of Revenue. Inform the Receiver of Revenue in writing if there are any changes to the registered particulars. Keep a record of the remuneration paid to each employee, as well as employees tax deducted. Deduct the correct amount of tax from the employees' remuneration. The employer are not allowed under any circumstances to make lesser tax deductions than those prescribed. The employer is personally liable for any loss, which the Receiver of Revenue may suffer, as a result of failure to deduct the full amount of employees tax. The employer may not have any agreement with an employee whereby they undertake not to deduct employees tax. Pay the employees tax deducted to the Receiver of Revenue. Issue PAYE5 certificates to all employees at the end of the tax year. All employees should have a certificate of registration as an employee and provide to the employer a copy of his or her Certificate of Registration as a Taxpayer for Income Tax. If applicable, apply for the PAYE5 Laser Certificate range of numbers at the Ministry of Finance.

5 Namibia Taxation Summary 2015 Page 5 of ISSUING OF TAX CERTIFICATES Tax certificates must be issued within: 30 days after the end of February each year. 14 days after the resignation of an employee. 7 days after the employer ceases to be an employer. 3.3 PAYE5 CERTIFICATE PAYE5 certificates are printed per employee at the end of the tax year reflecting the employee s income from March to February. The Namibian Minister of Finance allows the submission of PAYE5 certificates on laser certificates. Company and employee personal information are printed in the upper portion of the PAYE5 and remuneration items are listed on the lower left and deduction items on the lower right. The Inland Revenue in Namibia notified us that they are in the process to change to an Integrated Tax Administration System, which is an electronic system. Once that is finalised, everything will be electronic. At this stage, we don t know what the date will be. 3.4 RETURNS Monthly PAYE Returns: The employer should submit the PAYE4 within 20 days following the month during which PAYE is required to be withheld. Annual PAYE reconciliation return: The PAYE5 and PAYE5 (b) should be submitted within 30 days from the tax year end (30 March each year). Social security MSD Fund: Monthly contributions should be submitted 30 days after the end of the month. Social security ECF Fund: The E.As.6 form (wage return) must be submitted by the employer by 31 March every year. VET Monthly Levy Submission Form: The monthly levy submission form must be submitted before or on the 20 th of each month, in arrears. 4. Employment income 4.1 REMUNERATION Remuneration is gross remuneration less compulsory current contributions to a pension, provident or retirement annuity fund approved by the Minister of Finance and which the employer is required to deduct or withhold from such remuneration. Current contributions to a retirement annuity fund and current premiums paid by the employer under any policy of insurance for education purposes may be deducted from gross remuneration if proof of payment thereof has been furnished to the employer. The total deductions from gross remuneration may not exceed N$40,000 in a year of assessment. Remuneration embraces all payments for services rendered or to be rendered and includes basic salaries and wages, cost of living allowances, overtime pay, commissions, fees, bonuses, honoraria, gratuities, lump sum payments, fringe benefits arising out of employment, (e.g. free board and lodging), allowances, annuities, pensions, etc. All remuneration must be shown on the employees tax certificates (PAYE 5). 4.2 ALLOWANCES Any cash allowance is taxable in full, except an allowance paid to an employee in defrayal of cost incurred on behalf of the employer and certain housing allowances.

6 Namibia Taxation Summary 2015 Page 6 of 14 TAXABLE ALLOWANCES If the allowance is not a reimbursive allowance, it is fully taxable. This includes entertainment, travelling, car allowances and others. Reimbursive allowances such as travelling, entertainment, motor car allowances, etc., are subject to a tax deduction to the extent that the Receiver of Revenue may decide. All reimbursive allowances must be shown in full on the employee s tax certificate (PAYE 5) and not merely the amount, which the Receiver of Revenue has decided is subject to tax. HOUSING ALLOWANCE The taxable value of a housing allowance is reduced when an employer has an approved housing scheme. Where remuneration (excluding overtime, pension pay-outs annual payments and the housing benefit) of the employee is more than N$ per annum the value of the housing benefit is reduced by one third. Where remuneration (excluding overtime, pension pay-outs annual payments and the housing benefit) of the employee is less than N$ per annum the value of the housing allowance is reduced to Nil. Where the remuneration (excluding overtime, pension pay-outs annual payments and the housing benefit) of the employee is more than N$ per annum, but less than N$30 000, the taxable value of the benefit should be calculated in accordance with a formula. The value of the benefit determined in accordance with the formula should however, be further reduced by an exemption of one third of the calculated amount. TRAVEL ALLOWANCE Travel allowances are taxable except to the extent that the Minister is satisfied that the allowance was expended for business travel. Accurate records must be kept of the travel costs, which should include fuel and oil, maintenance, wear and tear allowance, license fees, insurance, lease costs and actual business mileage travelled. Taxpayers need to keep a logbook to account for every kilometre travelled. A reimbursement of actual expenditure incurred for business travel do not need to be reflected on the PAYE5 certificate. If an employee is paid a rate per kilometre for business travel, the total amount must be reflected on the PAYE5, and the appropriate portion of costs will be allowed as a deduction. PAYE need not be deducted. ENTERTAINMENT ALLOWANCE The full amount of an entertainment allowance must be reflected on the employee s PAYE5 certificate but a deduction may be claimed in respect of expenses incurred, upon submitting a tax return. In Practice Note No 3 it is stated that the allowance is not subject to PAYE. Please note however that any portion not expended for this purpose to the satisfaction of the Minister, should be included in the taxpayer s taxable income. Reimbursement of entertainment expenditure actually incurred on the instruction of the employer, and accounted for to him does not give rise to a taxable benefit. SUBSISTENCE ALLOWANCE A personal subsistence allowance is one paid to an employee when he is obliged to spend time away from his usual place of residence. The gross amount must be reflected on the employee s PAYE5 certificate. He is entitled to deduct his actual expenditure in his income tax return and will therefore only be taxed on the unexpected portion. The allowance is not subject to PAYE. An employee receiving a field living allowance will be exempt from tax on the amount, provided that he has a permanent home, in addition to his field accommodation and actually expended it on food or accommodation.

7 Namibia Taxation Summary 2015 Page 7 of BACKPAY Backpay is remuneration paid to employees who receive backdated increases. Depending on the employer s needs, a separate earning line may be created for backpay, or backdated amounts may be entered on existing earning lines, e.g. basic salary. 5. Exempt Income The following types of income, among others, are exempt from tax: Salaries and emoluments payable to any person who holds office in Namibia as an official of government, other than the government of Namibia, or any specialised agency of the United Nations contemplated in section 16(c) of the Income Tax Act. Interest from stock or securities issued by the government of Namibia or any local authority. Interest from deposits in the Namibia Post Office Savings Bank. Worldwide dividends accrued on ordinary and preference shares. $ of lump sum gratuity payments received due to the relinquishment of any office by a person older than 55 years or due to superannuation, or earlier retirement due to ill health or termination of services due to redundancy. a Uniform allowance given to an employee which is clearly distinguishable from ordinary clothing. Any amount received or accrued which is proved to the satisfaction of the Minister to be a single grant on obtaining a higher or additional academic qualification at any acknowledged educational institution, Any amount received by or accrued to any person as is proved to the satisfaction of the minister to be a bona fide bursary granted to enable or assist such person to study at a recognised educational or research institution. 6. Fringe Benefits Fringe benefits are taxable benefits (or perks) that the employer grants the employee as an advantage of his/her employment, or as a reward for services rendered or to be rendered. The taxable values which are to be used in calculating monthly employees tax deductions with respect to the undermentioned fringe benefits are discussed below. 6.1 MEALS If meals or coupons are received by the employee for use at his/her residence, the taxable value is N$ per month for each family member of 6 years and older. If the meals and coupons are received for use at the business premises, there is no taxable value. 6.2 LOANS (OTHER THAN HOUSING LOANS) If no interest is payable, 1% per month (12% per annum) of the outstanding amount of the loan or subsidy is taxable as a fringe benefit. If nominal interest is payable, 1% per month (12% per annum) less the nominal monthly interest on the outstanding amount is taxable. Exemptions: casual loans obtained, of which the aggregate of all the loan amounts at no time exceeded R3 000; any loan made by an employer to an employee for own further studies.

8 Namibia Taxation Summary 2015 Page 8 of HOUSING BENEFIT If housing is supplied at no cost or at a nominal rent, the fringe benefit is calculated based on the location of the house as well as the number of living rooms, which normally includes a bedroom, lounge, dining-room, study etc., but excludes a kitchen, scullery, pantry, bathroom, toilet, corridor, lobby, laundry, shower cubicle, bar or outbuildings. Below is a table indicating the taxable value of the housing benefit: Location room rooms rooms rooms rooms rooms rooms rooms rooms Windhoek Swakopmund/ Walvis Bay Large Towns Other Where remuneration of the employee is more than N$ per annum the value of the housing benefit is reduced by one third. Where remuneration of the employee is less than N$ per annum the value of the housing benefit is reduced to Nil. Where the remuneration of the employee is more than N$ per annum, but less than N$30 000, the taxable value of the benefit should be calculated in accordance with a formula. The value of the benefit determined in accordance with the formula should however, be further reduced by an exemption of one third of the calculated amount. Example: If the employer owns the house and it is in Windhoek and has 4 rooms - the taxable benefit for the employee would be N$1 400 per month. If the employer has an approved housing scheme the benefit would be reduced by one third to N$933 pm assuming the annul remuneration exceeds N$ HOUSING LOANS AND MORTGAGE SUBSIDIES Housing loans provided to employees at a subsidised rate are taxable to the extent that the interest rate payable by the employee is less than 12% per year. The taxable value of housing benefits granted, in terms of housing schemes approved by the Ministry of Finance, is reduced by one third thereof. 6.5 USE OF MOTOR VEHICLES If all costs are borne by the employer, the taxable value is 1.5% of the cost price of the vehicle. If the employee is responsible for fuel costs, the taxable value is 1.4% of the cost price of the vehicle. If the vehicle may only be used between home and the place of employment, the fringe benefit is N$100 per month (pool car). 6.6 FREE OR SUBSIDISED SERVICES The taxable value of the fringe benefit is the cost to the employer of providing the service less the consideration paid by the employee. 6.7 TEMPORARY HOLIDAY ACCOMMODATION In the case of rental accommodation, the fringe benefit value is the cost to the employer of the rent, meals or services. Otherwise, the fringe benefit is the lowest of N$40 per person per day or the tariff applicable to nonemployees. Both the family and/or guests of the employee must be included in calculating the benefit, at a rate of N$40 per person per day.

9 Namibia Taxation Summary 2015 Page 9 of Tax Deductible deductions The aggregate of the amounts that may be deducted in terms of an approved pension, provident, retirement annuity (RA) and study policies may not in any year of assessment exceed the amount of N$ per annum. 7.1 PENSION AND PROVIDENT FUND CONTRIBUTIONS Contributions to an approved pension or provident fund is tax deductible. 7.2 RETIREMENT ANNUITY FUND CONTRIBUTIONS Retirement Annuity contributions paid by the employee is a tax deductible deduction. If the employee pays the amount to the retirement annuity fund and supplies the employer with a letter from the fund stating how much he/she pays, this amount may be taken into account for the tax calculation. 7.3 STUDY POLICY CONTRIBUTIONS Current premiums paid by the employee under any policy of insurance for education purposes is tax deductible provided that proof of the payment of such premiums has been furnished to the employer. 8. Medical Aid Medical Aid contributions and actual medical costs are not deductible by employees for income tax purposes. 9. Gratuities An award of this nature is exempt from tax to the extent of a cumulative amount of N$ provided: (a) (b) (c) the person to whom it is paid has attained the age of 55 year; or the Minister of Finance is satisfied that the termination or impending termination of such person s service is due to superannuation, ill health or other infirmity; or the Minister is satisfied that the termination is due to reduction in personnel (retrenchment) or due to the fact that the employer ceased or intend to cease carrying on business. In the case of (a) above employers are authorised, where the amount does not exceed N$10 000, to pay out the amount without obtaining a directive. In the case of (b) or (c) above a directive should be obtained from the Receiver of Revenue before the amount can be paid out. Full particulars must be furnished in each case. 10. Part-time employees Tax from part-time employees should be deducted at the rate of 18% from remuneration paid. Part-time employees are persons who are not full-time in the employer s service and who are not remunerated as full-time employees for any services rendered. Part-time remuneration includes: Casual payment for irregular services rendered. Fees paid to part-time lecturers. Honoraria paid to office-bearers of bodies, clubs, societies, etc. Remuneration paid for occasional services rendered. Any payments which cannot be regarded as full-time remuneration.

10 Namibia Taxation Summary 2015 Page 10 of 14 Examples: Mr A works for firm B during the day and acts as cashier for firm C for a few hours in the evening. He is regarded as a part-time employee of firm C. Mr Z works as a clerk with an insurance company and receives a fixed monthly salary. In his spare time he canvasses business for his company and is paid separately from his wages for such work. The commission he receives for his spare time work is regarded as part-time remuneration and tax should be deducted at the rate of 18% from remuneration paid. If the commission is paid with his regular monthly salary, it forms part of his monthly remuneration and tax should be deducted according to the tables. Part-time remuneration does not include: Fees paid to professional persons such as medical practitioners, attorneys, advocates, accountants, auditors, architects, quantity surveyors, etc., i.e. fees paid to a person for services rendered by him/her in the ordinary course of any trade conducted by him/her; Remuneration paid to a person whose contract of employment requires him/her to work each day during the morning or afternoon only. 11. Scholars and full-time students Where a scholar or full-time student is employed during his/her vacation or in a full-time capacity, employees tax must only be deducted from his/her remuneration if his/her total remuneration will exceed N$ for the relevant tax year. 12. Independent Contractor When dealing with natural persons only, an amount paid for services rendered is excluded from remuneration if the payment is made to: a resident of Namibia and the payment is for services rendered in the course of carrying on any independent trade. A person will not be an independent contractor (for employees tax purposes): if he is subject to the control or supervision of any other person as to the manner in which his duties are performed or to be performed or as to his hours of work; or if the amounts paid or payable for his services consist of or include earnings of any description which are payable at regular daily, weekly, monthly or other intervals.

11 Namibia Taxation Summary 2015 Page 11 of Tax Tables In Namibia either a Normal Tax calculation or an Average Tax calculation can be used. The average tax calculation uses the employee s year-to-date totals to calculate tax, whereas with the normal tax calculation the employee s current period totals are used to calculate tax. Below is the tax tables currently used in Namibia: Taxable income Rates of Tax % of each N$ % of the amount over % of the amount over % of the amount over % of the amount over % of the amount over and over % of the amount over Payments of PAYE, Penalties and Interest Late payment or failure to withhold PAYE are subject to a penalty of 10% per month. 15. Social Security 15.1 MATERNITY LEAVE, SICK LEAVE AND DEATH BENEFIT FUND (MSD FUND) Employees under 65 years of age and all employers are subject to social security contributions. The contribution rate for the MSD Fund is 1.8% of the employee's basic salary shared on a 50/50 basis by the employer (0.9%) and the employee (0.9%) on a maximum basic salary ceiling of N$9,000 per month or N$81 maximum contribution per month. The minimum amount payable by the employee and the employer is N$2.70 respectively. It is obligatory to pay the monthly contributions over to the Commission within the prescribed period (30 days after month end). Employers are therefore requested to ensure that contributions are paid on time and should be accompanied by a contribution return as required by the Social Security Act. The SSC does not and shall not send an invoice, only a statement will be sent to enable employers to update their data on the SSC s records. Employers must submit their monthly contribution files to the SSC electronically. The electronic submission takes place via a system set address (edi@ssc.org.na) EMPLOYEES COMPENSATION FUND (ECF) The Employees Compensation Act, 1941, which provides for employees compensation insurance on a collective liability basis is administered by the Social Security Commission. Under the Act every employer who employs one or more employees is required to complete a form of registration and to pay annual assessments to the Accident Fund established in terms of section 64 of the Act. All compensation benefit costs, as well as the costs of administration of the Act, are paid from the Accident Fund, and the Commission determines all claims and decides on all matters falling within the scope of the Act.

12 Namibia Taxation Summary 2015 Page 12 of 14 Generally all persons engaged in business (including the professions, clubs, associations, companies, etc.) who employ one or more persons in connection with their business activities are Employers for the purpose of the Act. The term employee means any employee, male or female, (with some exceptions) who has entered into works under a contract of service or of apprenticeship with an employer, whether the remuneration is calculated by time or by work done, or is in cash or in kind, and includes amongst others persons such as working directors earning fixed salaries, members of close corporations, managers, clerks, typists, cleaners of service flats, etc. The values will be determined as follows. If an employee earns: Less than N$ per month, then the actual value is included. More than N$ per month and less than N$ per month, then N$ is included. More than N$ , then these employees are excluded from the report. If the company applied for Voluntary Cover, then all employees who earn more than N$ per month will be included at a rate of N$ per month. Employers must submit an Occupational Injuries and Diseases report (E.As6) not later than 31 March of each year. 16. VET Levy According to the Government Gazette No published on 27 January 2014, the Ministry of Education in Namibia stated that the Skills Levy will be imposed as from 1 April All companies with an annual payroll equal to or more than N$ a year will be liable to pay a 1.0% VET (Skill) Levy to the Namibia Training Authority (NTA) before or on the 20 th of each month, in arrears. The NTA will act as a collecting agent and will be responsible for the administration of the VET fund in Namibia. For the purposes of the VET Levy, payroll is defined as, the total annual remuneration paid or payable by an employer to its employees during any financial year. Remuneration means the total value of all payments in money or in kind made or owing to an employee arising from the employment of the employee (as defined in the Labour Act 2007). Remuneration refers to money paid to the employee as well as benefits in kind. Benefits include company contributions but exclude statutory contributions. The following Employers are exempt: The State Regional councils as defined in section 1 of the Regional Councils Act 1992 (Act No 22 of 1992) Charitable Organizations Public educational institutions and not for gain Faith based organisations whether or not supported wholly or partly by grants from public funds. An institution or employer not mentioned above, may apply to the Minister for exemption from paying the levy. All employees, natural persons, are included except Independent Contractors for labour purposes. Every payment of the levy must be accompanied by a completed monthly return. If an employer: fails to submit his monthly return, the NTA is not satisfied with the information provided in the return form, or the Employer has failed to pay the levy in terms of the act, The NTA may make a reasonable estimate, based on the information supplied, of the amount of any levy payable, and issue the Employer a notice of assessment for the unpaid amount. All companies liable for VET, will get a VET registration number when registered. The registration number is an 8 digit number. The first three digits is the sector code (ISC code Industry Sector Code) that will start with an L and the next 5 digits is a number that will be created by a system. It will start at for each sector.

13 Namibia Taxation Summary 2015 Page 13 of 14 When clients wants to claim, they need to claim from the Namibia Training Fund (NTA). Please see the link below for the following: a presentation from the NTA explaining all the concepts with regards to VET levy VET levy claims guidance notes claim form Employer Training Survey ory%2fother%20tax%20countries%2fnamibia%2ftraining%20fund 17. Leave Please take note that the correctness of the leave information below is not confirmed ANNUAL LEAVE 20 working days are granted to 5-day workers 24 working days are granted to 6-day and 7-day workers No work is to be performed during any period of annual leave. An employer is not allowed to give payment to the employee in lieu of annual leave, except on termination of employment. Leave must be granted within 4 months of the completed leave cycle, or by written agreement of the employee, within 2 further months SICK LEAVE Employees are entitled to: 5-day workers: 30 days paid sick leave in a period of 36 months. 6-day workers: 36 days paid sick leave in a period of 36 months. During the first 12 months of employment an employee is entitled to one day s sick leave for every 26 days worked. A medical certificate is required for sick leave that is in excess of 2 consecutive days COMPASSIONATE LEAVE An employee is entitled to 5 days paid compassionate leave in a period of 12 months. Compassionate leave can be taken if there is a death or serious illness in the family MATERNITY LEAVE After 6 months continuous service, a female employee is entitled to at least 12 weeks maternity leave, four weeks before the expected date of confinement, and at least eight weeks leave after the date of confinement. The Social Security Act of 1994 determines that an employee on maternity leave should be paid a portion of her basic salary.

14 Namibia Taxation Summary 2015 Page 14 of Africa Support Contact Africa Support for any queries on Namibia legislation. Telephone Number: +27 (0) Voogle Africa Legislation NamibiaTax Voogle Statutory Africa Legislation and other information NamibiaTax DISCLAIMER Although care has been taken with the preparation of this document, VIP makes no warranties or representations as to the suitability of quality of the documentation or its fitness for any purpose and the client uses this information entirely at own risk. COPYRIGHT NOTICE Copyright 2015 by Sage VIP, a division of Sage South Africa (Pty) Ltd hereinafter referred to as VIP, under the Copyright Law of the Republic of South Africa. No part of this publication may be reproduced in any form or by any means without the express permission in writing from VIP.