Zambia: Proposed amendments to VAT law on cross-border provision of digital services

Proposed amendments to the current regime

Proposed amendments to the current regime

Proposed amendments to the value-added tax (VAT) law on cross-border provision of digital services were published.

The proposed amendments to the current regime include the following:

  • Scope: The regime applies to cross-border electronic services (i.e., services that are provided or delivered on or through the internet, electronic, or digital network by nonresidents). This is distinguished from “imported services,” which are services provided by nonresidents and are performed or undertaken in Zambia, or the benefit of which is for a recipient in Zambia.
  • Tax agent requirement: The regime requires nonresidents to appoint a tax agent in Zambia. Upon appointing a tax agent, the nonresident must also register the appointed tax agent with the tax authority. Nonetheless, a nonresident may apply for an exemption from the obligation to appoint a tax agent.
  • Self-assessment regime: In specified cases, a recipient of services from a nonresident may be responsible for self-assessing and remitting the VAT due. However, this self-assessment regime will not apply for cross-border electronic services. 

KPMG observation

The current VAT on cross-border digital services regime in Zambia has faced significant challenges, especially due to the lack of a compliance mechanism for taxpayers below the registration threshold. Despite this, the proposed changes to the rules, which are set to take effect on 1 January 2024, still have significant aspects of the implementation process that remain undefined. This includes whether the new proposal will relieve taxpayers of any responsibilities or liabilities that may have been present under the existing system. Consequently, the Zambian Revenue Authority is anticipated to release its "Practice Notes 2024" in February 2024 to provide further clarification.
 

For more information, contact a KPMG tax professional:

Philippe Stephanny | philippestephanny@kpmg.com

Chinedu Nwachukwu | chinedunwachukwu@kpmg.com

Michael Phiri | mphiri@kpmg.com

 

 

The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 3712, 1801 K Street NW, Washington, DC 20006.