Malawi changes procedure for application of tax waivers

Private investors in the country will now have to apply for consideration for duty and tax waivers through Malawi Revenue Authority (MRA) which will consider the applications in line with existing tax laws and procedures.

Minister of Finance Dr. Ken Lipenga said in a  statement that investors, companies, institutions and individuals should note that his ministry will not enter into any correspondence in regards to the applications.

“Responses to the applications will come from the office of the Commissioner General of the Malawi Revenue Authority (MRA). Any correspondence on duty and tax waiver which are sent to Ministry of Finance will be forwarded to the Commissioner General of the Malawi Revenue Authority,” said Lipenga.

He said the procedure is intended to expedite the processing of applications of duty and tax waiver and to allow for expert advice on matters of tax administration by the Commissioner General of Malawi Revenue Authority.

Lipenga: Changes
Lipenga: Changes

According to MRA website, anyone who is aggrieved by any assessment, decision or determination of their tax affairs may appeal to the Commissioner.

It says if not satisfied by the Commissioners’ decision, a further appeal may be lodged to a Special Arbitrator, as stipulated in sections 95 to 101 of the Taxation Act .

“If either the taxpayer or the Commissioner is not satisfied with the ruling by the special arbitrator, an appeal may be lodged with the High Court,” reads the website.

It further says a taxpayer is supposed to make a written statement within 30 days from date the assessment or decision was dispatched to him.

It says: “The statement must contain the grounds on which the appeal is made. The commissioner may require a personal attendance of the appellant who if not available, a decision can be made in his absence.”

Previously investors, companies, institutions and individuals were making correspondence for duty and tax waivers through the Ministry of Finance.

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