Tanzania Act or statute

Parliament of Tanzania

The Finance Act, 2018

This section says the Act may be cited as the Finance Act, 2018. This Act starts on 1 July 2018. This Part is to be read together with the Bank of Tanzania Act, which is called the principal Act.…

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01

Purpose and legislative effect

“This section says the Act may be cited as the Finance Act, 2018.”

This section says the Act may be cited as the Finance Act, 2018. This Act starts on 1 July 2018. This Part is to be read together with the Bank of Tanzania Act, which is called the principal Act. Section 34 is amended to allow direct advances to the Government for offsetting fluctuations involving voted funds, unspent funds, and Government payments. Section 35 of the principal Act is amended by replacing “budgeted revenues” with “voted and unspent funds” in subsections (1) and (2).

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08

This text lists tariff-classified alcoholic products, including opaque beer and other specified beverages.

Section 22

(1)

Local government authorities must set aside 10% of their own-source revenue for loans to registered groups of women, youth, and persons with disabilities, and those loans must be interest-free.

Section 37A

Electronic

This section is headed “Electronic” and mentions HS Code 8470.50.00, stamps, and cash register code.

Section 24

04

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Showing 94 of 94 provisions

Amendment 38Substitution 25Provision 20Repeal 8

Part

PART I

§ 1This Act may be cited as the Finance Act, 2018Commencement

This section says the Act may be cited as the Finance Act, 2018.

1. This Act may be cited as the Finance Act, 2018. Commencement
§ 2This Act shall come into operation on the 1st dayCommencement

This Act starts on 1 July 2018.

2. This Act shall come into operation on the 1st day of July, 2018. PART II AMENDMENT OF THE BANK OF TANZANIA ACT, (CAP.197) Construction Cap.197

Part

PART II

§ 3This Part shall be read as one with the Bank ofAmendment

This Part is to be read together with the Bank of Tanzania Act, which is called the principal Act.

3. This Part shall be read as one with the Bank of Tanzania Act, hereinafter referred to as the “principal Act”. 3 No.4 The Finance Act 2018 Amendment of section 34
§ 4The principal Act is amended in section 34Substitution

Section 34 is amended to allow direct advances to the Government for offsetting fluctuations involving voted funds, unspent funds, and Government payments.

4. The principal Act is amended in section 34- (a) in subsection (1) by deleting paragraph (a) and substituting for it the following: (a) make direct advances to the Government for the purposes of offsetting fluctuations between receipts from- (i) funds which the voted from originated Consolidated Fund; unspent funds from various sources; and payments of the Government. (ii) (iii) “(3) For purposes of this section and section 35: “voted funds” means receipts from budgeted the Government which are deposited in and paid from the Consolidated Fund; revenues of from “unspent funds” means receipts of the Government various sources which are deposited in and paid from the deposit accounts the other Consolidated Fund.” than Amendment of section 35
§ 5The principal Act is amended in section 35 bySubstitution

Section 35 of the principal Act is amended by replacing “budgeted revenues” with “voted and unspent funds” in subsections (1) and (2).

5. The principal Act is amended in section 35 by deleting in the words “budgeted revenues” appearing subsections (1) and (2) and substituting for them the words “voted and unspent funds.” PART III AMENDMENT OF THE BUSINESS LICENSING ACT, (NO.25 OF 1972) Construction Act. No. 25 of 1972

Part

PART III

§ 6This Part shall be read as one with the BusinessAmendment

This section says this Part must be read together with the Business Licensing Act.

6. This Part shall be read as one with the Business Licensing Act, hereinafter referred to as the “principal Act”. 4 No.4 The Finance Act 2018 Amendment of section 2
§ 7The principal Act is amended in section 2, bySubstitution

This section changes the definition of “business licence” to mean a licence issued under the Act, in paper or electronic form.

7. The principal Act is amended in section 2, by deleting the definition of the term “business licence” and substituting for it the following: “business licence” means a licence issued under this Act either in a paper or electronic form;”. Amendment of section 9
§ 8The principal Act is amended in section 9, bySubstitution

This provision amends section 9 of the principal Act, including changing wording to “Business Registration and Licensing Agency.”

8. The principal Act is amended in section 9, by- (a) deleting the marginal note and substituting for it licence payable the following: “Business Registration and Licensing Agency.” (b) deleting the words “Central Government and Business substituting for the words Registration and Licensing Agency.”. to Business them Addition of section 14A
§ 9The principal Act is amended by addingAmendment

This provision amends the principal Act by inserting a new section after section 14 titled “Business licence register.”

9. The principal Act is amended by adding immediately after section 14 the following new section: “Business licence register
§ 14A(1) There shall be a register toAmendment

Every licensing authority must keep a business licence register at its principal office, send business licensing information to the Minister at prescribed intervals, and allow public access to the register on payment of prescribed fees.

14A.-(1) There shall be a register to be kept by every licensing authority at its principal office which shall contain business licence information as may be prescribed in the regulations. (2) Every licensing authority shall furnish to the Minister information in respect of business licensing at such intervals as may be prescribed in the regulations. (3) The business licence register may be accessed by any person upon payment of prescribed fees.” Amendment of section 22
Section 14AVerify source
§ 10The principal Act is amended in section 22, bySubstitution

This section amends section 22 so the Chief Executive Officer may compound certain offences by accepting a payment from the offender, subject to a minimum and maximum amount.

10. The principal Act is amended in section 22, by- (a) deleting subsection (1) and substituting for it the following: “(1) The Chief Executive Officer may, if he is satisfied that a person has committed an offence under this Act or under any regulations made hereunder compound such offence by accepting from such person a sum of money which the offender had not 5 No.4 The Finance Act 2018 paid for his business license; and (b) deleting paragraph (a) which appears in the proviso under subsection (1) and substituting for it the following: “(a) such sum of money shall not be less than one hundred thousand shillings and not more than three hundred thousand shillings; and”. Amendment of section 29 Amendment of section 30
Section 10Verify source
§ 11The principal Act is amended in section 29, byAmendment

Section 29 is amended to add a paragraph about prescribing business licence application forms in paper or electronic form, and to renumber the next paragraph.

11. The principal Act is amended in section 29, by- (a) adding immediately after paragraph (e) the following new paragraph: “(f) prescribing forms to be used for application of business licence in a paper or electronic form.”; and (b) renaming paragraph (f) as paragraph (g). the phrase “ten
Section 11Verify source
§ 12The principal Act is amended in section 30, bySubstitution

This section changes the penalty in section 30 of the principal Act to one hundred thousand shillings or imprisonment for two months to one year, or both.

12. The principal Act is amended in section 30, by deleting shillings or of imprisonment for a term not exceeding one year or both” and substituting for it the phrase “one hundred thousand shillings or to imprisonment for a term not less than two months and not exceeding one year or to both.” thousand Amendment of Schedule
Section 12Verify source

Part

Schedule

§ 13The principal Act is amended in the Schedule bySubstitution

This section changes a Schedule heading, replacing “A: Fees by Central Government (MIT)” with “A: Fees by Business Registration and Licensing Agency.”

13. The principal Act is amended in the Schedule by deleting the heading “A: Fees by Central Government (MIT)” and substituting for it the heading “A: Fees by Business Registration and Licensing Agency.” PART IV AMENDMENT OF THE CASHEWNUT INDUSTRY ACT, (CAP.203) Construction Cap.203
Section 13Verify source
§ 17The principal Act is amended in the FourthAmendment

This section amends the Fourth Schedule by adding new excise rates for excisable items.

17. The principal Act is amended in the Fourth Schedule by introducing new rates in respect of excisable items as follows: ____________ “FOURTH SCHEDULE _____________ (Made under section 124(2)) ___________ Heading H.S. Code Description Unit Old Excise Rate
Section 17Verify source
§ 21The principal Act is amended by deleting the SecondSubstitution

This section amends the principal Act by deleting the Second Schedule and replacing it with a new schedule about Gaming Tax.

21. The principal Act is amended by deleting the Second Schedule and substituting for it the following: 13 No.4 The Finance Act 2018 _____ “SECOND SCHEDULE _____________ (Made under section 31(2)) Item No. Type of the Game Gaming Tax
Section 21Verify source
§ 29The principal Act is amended in the SecondAmendment

This section amends the Second Schedule by deleting two items and adding a new item for interest paid by the Government to certain non-resident entities in connection with loans for Government projects.

29. The principal Act is amended in the Second Schedule, by- (a) deleting subparagraphs (v) and (w); and (b) adding immediately after subparagraph (u) of paragraph 1 the following: “(v) interest paid by the Government to a non-resident bank, financial institution, other government or representative of other government arising from a loan agreement that entitles such non-resident entity to a tax exemption for purposes of financing Government projects.”. 15 No.4 The Finance Act 2018 PART VIII AMENDMENT OF THE LAND ACT, (CAP. 113) Construction Cap.113
Section 29Verify source
§ 57The principal Act is amended in paragraph 1 ofAmendment

The members must elect a vice chairman of the Board from among their own number.

57. The principal Act is amended in paragraph 1 of the Fourth Schedule, by- (a) deleting the words “and the Chief Executive” appearing in subparagraph (1); (b) adding immediately after subparagraph (2) the following subparagraph: 25 No.4 The Finance Act 2018 “(3) The members shall elect a vice chairman of the Board from amongst their number.” (c) renumbering subparagraphs (3), (4), (5) and (6) (7) (4), subparagraphs (6) and (5), as respectively. PART XV AMENDMENT OF THE TANZANIA REVENUE AUTHORITY ACT, (CAP. 399) Construction Cap. 399
Section 57Verify source
§ 69Section 69Amendment

This section amends the principal Act by adding a new sub-item after sub-item 33 in item 3 of Part I of the Schedule.

69. The principal Act is amended in Part I of the Schedule - (a) in item 3, by adding immediately after sub-item 33 the following new sub-item:
Section 69Verify source
§ 35Oil-cake and other solidProvision

Section 35 concerns oil-cake and other solid residues of cotton seeds.

35. Oil-cake and other solid residues of cotton seeds
Section 35Verify source
§ 36Oil-cake and other solidProvision

Section title: oil-cake and other solid residues of sunflower seeds.

36. Oil-cake and other solid residues of sunflower seeds
Section 36Verify source
§ 39LysineProvision

This section lists lysine together with several product codes and a reference to the Finance Act 2018.

39. Lysine 28 2304.00.00 2306.10.00 2306.30.00 2302.10.00 2302.30.00 2922.41.00 No.4 The Finance Act 2018
Section 39Verify source
§ 44Cotton cakeSubstitution

This section is titled “Cotton cake” and includes text deleting item 7 and substituting it with “Medicine or pharmaceutical products.”

44. Cotton cake 3824.10.00 2309.90.10 2306.90.90 2304.00.00 (b) by deleting item 7 and substituting for it the following: “7. Medicine or pharmaceutical products
Section 44Verify source
§ 1Essential Human and veterinary medicine,Provision

This provision covers essential human and veterinary medicine, drugs, medical equipment, and certain packaging material approved by the Minister responsible for health.

1. Essential Human and veterinary medicine, drugs, medical equipment and packaging material which have been approved by the Minister responsible for health: specifically designed Provided that, the packaging material is for packing pharmaceutical products and printed for use by a local manufacturer whose name appears on the packaging material.
§ 2Food supplements or Vitamins supplied toSubstitution

This provision amends listed items by adding sanitary pads, replacing the petrol description in item 15, and adding new items after item 22.

2. Food supplements or Vitamins supplied to the Government.” (c) in item 8, by adding immediately after sub-item 10 the following new sub-item: “ 11 Sanitary Pads 9619.00.10” (d) in item 15, by deleting sub item 4 and substituting for it the following: “ 4. Petrol (MSR and MSP) 2710.12.10 2710.12.20” and 29 No.4 The Finance Act 2018 (e) adding immediately after item 22 the following new items:
§ 24ElectronicProvision

This section is headed “Electronic” and mentions HS Code 8470.50.00, stamps, and cash register code.

24. Electronic 8470.50.00 Stamps of HS Code cash register Code Passed by the National Assembly on the 28th June, 2018. STEPHEN KAGAIGAI Clerk of the National Assembly 30
Section 24Verify source

Part

PART IV

§ 14This Part shall be read as one with the CashewnutAmendment

This section says this Part must be read together with the Cashewnut Industry Act.

14. This Part shall be read as one with the Cashewnut Industry Act, hereinafter referred to as the “principal Act”. Amendment of section 17A
Section 14Verify source
§ 15The principal Act is amended in section 17A, bySubstitution

This section amends section 17A so that the total export levy collected under subsection (1) must be deposited into the Consolidated Fund, and it deletes subsection (3).

15. The principal Act is amended in section 17A, by- 6 No.4 The Finance Act 2018 (a) deleting subsection (2) and substituting for it the following: “(2) The total amount of export levy collected under subsection (1) shall be deposited in the Consolidated Fund.”; and (b) deleting subsection (3). PART V AMENDMENT OF THE EXCISE (MANAGEMENT AND TARIFF) ACT, (CAP.147) Construction Cap.147
Section 15Verify source

Part

PART V

§ 16This Part shall be read as one with the ExciseAmendment

This section says this Part must be read together with the Excise (Management and Tariff) Act.

16. This Part shall be read as one with the Excise (Management and Tariff) Act, hereinafter referred to as the “principal Act”. Amendment of Fourth Schedule
Section 16Verify source

Part

Schedule by introducing new rates in respect of excisable

§ 2009Provision

This item lists excise rates per litre for fruit juices and vegetable juices that are unfermented and contain no added spirit.

20.09 No. 2009.11.00 2009.12.00 2009.19.00 2009.21.00 2009.29.00 2009.31.00 2009.39.00 2009.41.00 2009.49.00 2009.50.00 2009.61.00 2009.69.00 2009.71.00 2009.79.00 Fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter. 7 New Excise Rate No.4 The Finance Act 2018 ɭ ɭ l l ɭ l l Tshs. 9.00 per litre Tshs. 9.00 per litre Tshs. 221.00 per litre Tshs.232.00 per litre Tshs. 58.00 per litre Tshs. 61.00 per litre Tshs. 58.00 per litre Tshs. 61.00 per litre Tshs. 58.00 per litre Tshs. 64.05 per litre Tshs. 58.00 per litre Tshs. 64.05 per litre l Tshs. 61.00 per litre Tshs. 61.00 per litre
Section 20Verify source
§ 2202Provision

This provision lists tariff codes for locally produced fruit juices and imported fruit juices.

22.02 2009.81.00 2009.89.00 2009.90.00 2201.10.00 2201.90.00 2202.10.00 Locally produced fruit juices manufactured from domestic fruits under heading 20.09 Imported fruit juices under the heading
Section 22Verify source
§ 2009Provision

This provision lists tariff categories for waters and other non-alcoholic beverages.

20.09 Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter or flavoured; ice and snow. -Mineral waters and aerated waters Locally produced, bottled Imported, bottled - Other Locally produced, bottled Imported, bottled Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other nonalcoholic beverages, not including fruit vegetable juice of heading 20.09 - Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured - Other 8 No.4 The Finance Act 2018 2202.91.00 -- Non-alcoholic beer Locally produced Imported 2202.99.00 -- Other Locally produced Imported
Section 20Verify source
§ 2203Provision

This provision lists tariff classification entries for beer made from malt, including stout and porter, and distinguishes locally produced and imported goods.

22.03 2203.00.10 Beer made from malt ---Stout and porter Locally produced Imported 2203.00.90 ---Other Locally produced
Section 22Verify source
§ 2204Provision

This section lists import tariff rates per litre for several wine and fermented beverage headings, with different amounts depending on packaging size and whether domestic grapes content exceeds 75%.

22.04 2204.10.00 2204.21.00 Imported Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09 - Sparkling wine With the domestic grapes content exceeding 75% Other -Other wine; grapes must with fermentation prevented or arrested by the addition of alcohol: -- In containers holding 2 litres or less With the domestic grapes content exceeding 75% 9 ɭ ɭ ɭ ɭ ɭ ɭ ɭ ɭ ɭ ɭ l Tshs. 561.00 per litre Tshs. 561.00 per litre Tshs. 561.00 per litre Tshs. 589.05 per litre Tshs. 561.00 per litre Tshs. 561.00 per litre Tshs. 561.00 per litre Tshs. 589.05 per litre Tshs. 765.00 per litre Tshs. 765.00 per litre Tshs. 765.00 per litre Tshs. 803.25 per litre Tshs. 765.00 per litre Tshs. 765.00 per litre Tshs. 765.00 per litre Tshs. 803.25 per litre Tshs. 200.00 per litre Tshs. 200.00 per litre Tshs. 2,349.00 per litre Tshs.2,466.45 per litre Tshs. 200.00 per litre Tshs. 200.00 per litre No.4 The Finance Act 2018 2204.22.00 2204.29.00 Other -- In containers holding more than 2 litres but not more than 10 litres With the domestic grapes content exceeding 75% Other -- Other With the domestic grapes content exceeding 75% Other 2204.30.00 - Other 2205.10.00 Vermouth and wine of fresh grapes flavoured with plants or aromatic substances - In containers holding 2 litres or less With the domestic grapes content exceeding 75% Other 2205.90.00 - Other ɭ l l l l ɭ ɭ ɭ l Tshs.2,349.00 per litre Tshs. 2,466.45 per litre Tshs. 200.00 per litre Tshs. 200.00 per litre Tshs.2,349.00 per litre Tshs. 2,466.45 per litre Tshs. 200.00 per litre Tshs. 200.00 per litre Tshs. 2,349.00 per litre Tshs. 2,466.45 per litre Tshs. 2,349.00 per litre Tshs. 2,466.45 per litre Tshs. 200.00 per litre Tshs. 200.00 per litre Tshs. 2,349.00 per litre Tshs. 2,349.00 per litre Tshs. 2,466.45 per litre Tshs. 2,466.45 per litre Other fermented beverages (for example, cider, perry, mead, sake); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included. --- Cider 10 2206.00.10 ɭ Tshs.2,349.00 per litre Tshs. 2,466.45 per litre
Section 22Verify source
§ 2208Provision

This text lists tariff-classified alcoholic products, including opaque beer and other specified beverages.

22.08 2206.00.20 --- Opaque beer (for example Kibuku) Beer made from 100% local unmalted cereals ---Other Wines produced from locally grown fruits such as banana, tomato, rosella, etc other than grapes with domestic content exceeding 75% Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol; spirits, liqueurs and other spirituous beverages. Locally produced products of this heading Other imported products of this heading as follows: -Spirits obtained by distilling grape wine or grape marc -Whiskies -Rum and other spirits obtained by distilling fermented sugar – cane products - Gin and Geneva 2206.00.90
Section 22Verify source
§ 2208Provision

This provision lists per-litre tax amounts for certain alcohol and spirit tariff items, including vodka, liqueurs and cordials, and other distilled spirits.

22.08 2208.20.00 2208.30.00 2208.40.00 2208.50.00 2208.60.00 - Vodka l ɭ ɭ ɭ ɭ ɭ ɭ ɭ 2208.70.00 - Liqueurs and cordials ɭ Tshs.450.00 per litre Tshs.450.00 per litre Nil Tshs. 200.00 per litre Tshs. 3,315.00 per litre Tshs. 3,315.00 per litre Tshs. 3,481.00 per litre Tshs. 3,655.05 per litre Tshs. 3,481.00 per litre Tshs. 3,655.05 per litre Tshs. 3,481.00 per litre Tshs. 3,655.05 per litre Tshs. 3,481.00 per litre Tshs. 3,481.00 per litre Tshs. 3,655.05 per litre Tshs. 3,655.05 per litre Tshs. 3,481.00 per litre Tshs. 3,655.05 per litre 2208.90.10 -Other --- Distilled Spirits ( e.g. Uganda Waragi) 2208.90.90 --- Other ɭ ɭ Tshs.3,481.00 per litre Tshs. 3,655.05 per litre Tshs.3,481.00 per litre Tshs. 3,655.05 per litre 11 No.4 The Finance Act 2018 2402.10.00 2402.20.10 2402.20.90
Section 22Verify source
§ 2403Substitution

This provision lists tobacco products and related tax amounts or rates, including duties per mil or per kilogram.

24.03 Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes. - Cigars, cheroots and cigarillos, containing tobacco -Cigarettes containing tobacco --- Of length not exceeding 72mm length including the filter tip Without filter tip and containing domestic tobacco exceeding 75% With filter tip and containing domestic tobacco exceeding 75% Other ---Other Without filter tip and containing domestic tobacco exceeding 75% With filter tip and containing domestic tobacco exceeding 75% Other Other manufactured tobacco and manufactured tobacco substitutes; "homogenized” or "reconstituted” Tobacco; tobacco extracts and essences. 12 kg 30% 30% mil Tshs.12,447.00 per mil Tshs.12,447.00 per mil mil mil Tshs.29,425.00 per mil Tshs.53,235.00 per mil Tshs.29,425.00 per mil Tshs.55,896.75 per mil mil Tshs 12,447.00 per mil Tshs 12,447.00 per mil mil Tshs.29,425.00 per mil Tshs.29,425.00 per mil mil Tshs.53,235.00 per mil Tshs.55,896.75 per mil No.4 The Finance Act 2018 - Smoking tobacco, whether or not containing tobacco substitutes in any proportion: -- Other (for example cut rag/filler) 2403.19.00 kg Tshs. 26,888.00 per kg Tshs. 28,232.40 per kg PART VI AMENDMENT OF THE GAMING ACT, (CAP. 41) Construction Cap. 41 Amendment of section 31
Section 24Verify source

Part

PART VI

§ 18This Part shall be read as one with the Gaming Act,Provision

This section says this Part must be read together with the Gaming Act, which is called the principal Act.

18. This Part shall be read as one with the Gaming Act, hereinafter referred to as the “principal Act”.
Section 18Verify source
§ 19The principal Act is amended in section 31(2) bySubstitution

This section amends section 31(2) by changing two listed percentages: paragraph (a) to 18% and paragraph (b) to 25%.

19. The principal Act is amended in section 31(2) by- (a) deleting the words “fifteen percent” appearing in paragraph (a) and substituting for them the words “eighteen percent”; and (b) deleting the words “fifteen percent” appearing in paragraph (b) and substituting for them the words “twenty five percent”. “Amendment of section 31(A)
Section 19Verify source
§ 20The principal Act is amended in section 31(A) bySubstitution

Gaming winnings are taxed at 20%, but land-based casinos are taxed at 12%.

20. The principal Act is amended in section 31(A) by- (a) deleting subsection (1) and substituting for it the following: “(1) The gaming tax of twenty percent on winnings is hereby imposed on the amount or value of the winnings in connection with operation of the gaming activities. (2) Notwithstanding subsection (1), land-based casino shall be taxed at a rate of twelve percent on the amount or value of winnings. “and (b) renumbering subsections (2) and (3) as subsections (3) and (4) respectively. Amendment of the Second Schedule
Section 20Verify source

Part

Schedule and substituting for it the following:

§ 5Section 5Amendment

The text lists gaming categories and amounts/rates, including percentages of gross gaming revenue and Tshs. 100,000 per machine per month, but the exact rule relationships are not clear from the excerpt alone.

5. Sports Betting SMS Lotteries Slot Machines National Lotteries Forty Machines Sites Twenty five percent of Gross Gaming Revenue Twenty five percent of Gross Gaming Revenue Tshs. 100,000 per machine per month Twenty percent of Gross Gaming Revenue Twenty five percent of Gross Gaming Revenue PART VII AMENDMENT OF THE INCOME TAX ACT, (CAP. 332) Construction Cap .332

Part

PART VII

§ 22This Part shall be read as one with the IncomeAmendment

This Part must be read together with the Income Tax Act, which is called the principal Act.

22. This Part shall be read as one with the Income Tax Act, hereinafter referred to as the “principal Act”. Amendment of section 3
Section 22Verify source
§ 23The principal Act is amended in section 3 byRepeal

This provision changes a reference in the definition of “approved retirement fund” from section 131 to section 11 of the Tax Administration Act.

23. The principal Act is amended in section 3 by deleting the reference to section 131 appearing in the definition of the term “approved retirement fund” and substituting for it the reference to “section 11 of the Tax Administration Act”. Repeal of section 10A Amendment of section 65B
Section 23Verify source
§ 24The principal Act is amended by repealingRepeal

This section amends the principal Act by repealing section 10A.

24. The principal Act is amended by repealing section 10A.
Section 24Verify source
§ 25The principal Act is amended in section 65B(2)Substitution

The principal Act changes section 65B(2) by replacing the reference to paragraph 3(5) with a reference to paragraph 1(5).

25. The principal Act is amended in section 65B(2) by deleting the reference to paragraph 3(5) and substituting for it the reference to paragraph 1(5). Amendment of section 65K
Section 25Verify source
§ 26The principal Act is amended in section 65K(2)Substitution

This section amends section 65K(2) of the principal Act by replacing a reference to paragraph 3(6) with a reference to paragraph 1(6).

26. The principal Act is amended in section 65K(2) by deleting the reference to paragraph 3(6) and substituting for it the reference to paragraph 1(6). Addition of section 129
Section 26Verify source
§ 27The principal Act is amended by addingAmendment

This provision amends the principal Act by adding a new section after section 128 titled “Regulations.”

27. The principal Act is amended by adding immediately after section 128 the following new section: “Regulations
Section 27Verify source
§ 129The Minister may makeAmendment

The Minister may make regulations to better carry into effect the Act’s principles, purposes, and provisions.

129. The Minister may make regulations for the better carrying 14 No.4 The Finance Act 2018 Amendment of First Schedule Schedule- into effect of the principles, purposes and provisions of this Act”.
Section 129Verify source

Part

Schedule-

§ 28The principal Act is amended in the FirstCommencement

This section changes tax rates in the principal Act, including raising one rate to 30 percent and setting a reduced 20 percent corporate rate for certain newly established pharmaceutical or leather-product entities for five years.

28. The principal Act is amended in the First (a) in paragraph 1(4), by deleting the rate of 20 percent and substituting for it the rate of 30 percent; (b) in paragraph 3(2), by adding immediately after new following the (b) subparagraph subparagraph: “(c) a newly established entity dealing in manufacture of pharmaceuticals or leather products and having a performance agreement with the Government of the United Republic of Tanzania shall be taxed at a reduced corporate rate of twenty percent for five consecutive years from the year of commencement of production.”; (c) in paragraph 3(3) by deleting the rate of 0.3 percent and substituting for it the rate of 0.5 percent. Amendment of Second Schedule
Section 28Verify source

Part

PART VIII

§ 30This Part shall be read as one with the Land Act,Provision

This Part must be read together with the Land Act, which is called the principal Act.

30. This Part shall be read as one with the Land Act, hereinafter referred to as the “principal Act”. Addition of section 33A
Section 30Verify source
§ 31The principal Act is amended by addingAmendment

This section amends the principal Act by adding a new section titled “Exemption from land rent on Government”.

31. The principal Act is amended by adding immediately after section 33 the following new section: “Exemption from land rent on Government
Section 31Verify source
§ 33A(1)Amendment

Rent for a right of occupancy is not payable when the land is used exclusively for specified government, public, or non-profit purposes.

33A.-(1) Notwithstanding any provisions under this Act, the payment of rent for a right of shall not be paid occupancy exclusively for- (a) central or local government use; (b) government institution or organisation use; (c) non profit organizations religious including institutions which provide health, education or other social services which are not profit oriented. set criteria (2) The Minister may, by for regulations determining activities which are exempted from the payment of rent for right of occupancy under subsection (1)(c). 16 No.4 The Finance Act 2018 (3) Where the Commissioner is satisfied that part of the land granted to Government, public institution or organisation is used for purposes other than those specified under subsection (1) that part shall be apportioned and subjected to rent. (4) The Commissioner shall, where the land ceases to be used purposes exclusively for (1), specified under sub-section charge any rent or make any adjustment to the rent as may be appropriate.” the PART IX AMENDMENT OF THE LOCAL GOVERNMENT FINANCES ACT, (CAP. 290) Construction Cap. 290
Section 33AVerify source

Part

PART IX

§ 32This Part shall be read as one with the LocalAmendment

This section says this Part must be read together with the Local Government Finance Act, which is called the principal Act.

32. This Part shall be read as one with the Local Government Finance Act, hereinafter referred to as the “principal Act”. Amendment of section 6
Section 32Verify source
§ 33The principal Act is amended in section 6(m) byAmendment

The Act amends section 6(m) to add fees for commercial advertisement on billboards, posters, or hoardings after the word “taxes.”

33. The principal Act is amended in section 6(m) by adding immediately after the word “taxes” the phrase “fees for commercial advertisement on billboards posters or hoarding.” Amendment of section 7
Section 33Verify source
§ 34The principal Act is amended in section 7(1) bySubstitution

This section amends section 7(1) by replacing paragraph (r) with new wording about fee billboards, posters, and hoarding for commercial advertisement.

34. The principal Act is amended in section 7(1) by deleting paragraph (r) and substituting for it the following: “(r) for fee billboards posters and hoarding;” commercial advertisement on 17 No.4 The Finance Act 2018 Addition of section 37A
Section 34Verify source
§ 35The principal ActAmendment

This section amends the principal Act by inserting a new section after section 37 about facilitating loans to women, youth, and persons with disabilities.

35. The principal Act is amended by adding immediately after section 37 the following new section: “Facilitation of loans to women, youth and persons with disabilities The
Section 35Verify source
§ 37A(1)Amendment

Local government authorities must set aside 10% of their own-source revenue for loans to registered groups of women, youth, and persons with disabilities, and those loans must be interest-free.

37A.-(1) local government authorities shall set aside ten percent from collection of their own sources of revenue for purposes registered groups of of women, youth and persons with disabilities. funding (2) The funds so set aside shall be under (1) subsection appropriated as loans to registered groups of women, youth and people with disability by forty percent, forty percent for youth and twenty percent for people with disability. (3) Loans issued under this section shall not be subjected to any interest (4) The Minister may, by regulations, prescribe the procedure for the management and distribution of such loans to registered groups of women, youth and people with disability.” Amendment of section 42
Section 37AVerify source
§ 36The principal is amended in section 42 bySubstitution

Every local government authority must, after consulting the Accountant General, open and maintain a bank account and any additional accounts needed under the Act.

36. The principal is amended in section 42 by deleting subsection (1) and substituting for it the following: “(1) Every local government authority shall, after consultation with the Accountant General, open and maintain in its name a bank account and such other additional accounts as may be necessary subject to this Act.”. 18 No.4 The Finance Act 2018 PART X AMENDMENT OF THE MINING ACT, (CAP. 123) Construction Cap. 123 Amendment of section 90A
Section 36Verify source

Part

PART X

§ 37This Part shall be read as one with the MiningProvision

This section says this Part must be read together with the Mining Act.

37. This Part shall be read as one with the Mining Act, hereinafter referred to as the “principal Act”.
Section 37Verify source
§ 38The principal Act is amended in section 90A byRepeal

Section 90A does not apply to salt producers.

38. The principal Act is amended in section 90A by adding immediately after subsection (5) the following new subsection: “(6) This section shall not apply to salt producers.” PART XI REPEAL OF THE PLANNING COMMISSION ACT, (CAP.314) Repeal of Cap .314 Vesting of assets and liabilities
Section 38Verify source

Part

PART XI

§ 39The Planning Commission Act, is herebyRepeal

This provision repeals the Planning Commission Act.

39. The Planning Commission Act, is hereby repealed.
Section 39Verify source
§ 40(1) Consequent to the repeal of the PlanningRepeal

After the Planning Commission Act is repealed, the Planning Commission’s assets and obligations vest in the Ministry responsible for finance and planning.

40.-(1) Consequent to the repeal of the Planning Commission Act, all assets, interests, rights, privileges, liabilities or obligations vested in the Planning Commission shall be vested in the Ministry responsible for finance and planning. (2) The Minister responsible for finance and planning in consultation with the President’s Office may, by notice published in the Gazette, determine the assets and liabilities to be allocated to the Ministry and to other government institutions or departments. (3) Where any question arises as to whether any particular property, or any particular asset, interest, right, privilege, liability or obligation has been transferred to or vested in accordance with provisions of subsection (1), a certificate under the hand of the Minister responsible for finance and planning shall be conclusive evidence that the liability or property, asset, obligation was or was not so transferred or vested. interest, right, privilege, 19 No.4 The Finance Act 2018 Employees of Planning Commission
Section 40Verify source
§ 41(1)Provision

Certain Planning Commission staff must be transferred to public offices on no less favourable terms, and staff not transferred must receive terminal benefits. Those transferred or deemed transferred continue in a pension or superannuation scheme.

41.-(1) the Planning Employees or staff of Commission who are necessary for the purposes of the Ministry, government institutions or departments shall, subject to laws and procedures governing public service be transferred to public offices on such terms and conditions not less favourable than those applicable to them before the transfer. (2) Every employee or staff of the Planning Commission whose service is not transferred to a public office shall be paid terminal benefits in accordance with the applicable laws and regulations governing the terms and conditions of his the termination. immediately before service (3) An employee or staff who is deemed to be employed or transferred to a public office shall continue to be a member of a statutory, voluntary pension or any other superannuation scheme in accordance with the laws and regulations governing the scheme. Deeds, bonds, agreements and instruments Cap. 314
Section 41Verify source
§ 42(1) All deeds, bonds, agreements, instrumentsRepeal

Pre-existing deeds, bonds, agreements, instruments, and working arrangements transferred to the Ministry or certain government bodies remain valid and enforceable.

42.-(1) All deeds, bonds, agreements, instruments and working arrangement subsisting immediately before the repeal of the Planning Commission Act, transferred to the Ministry, government institutions or departments shall continue in full force and shall be enforceable by or against the Ministry, government institutions or departments. (2) Any proceeding or cause of action relating to the property, rights and liabilities transferred to the Ministry or government institutions or departments under this Part or to any employee transferred, may be continued and shall be enforced by or against the Ministry, government institutions or departments. 20 No.4 The Finance Act 2018 PART XII AMENDMENT OF THE PORT SERVICE CHARGE ACT, (CAP.264) Construction Cap. 264 Amendment of section 5
Section 42Verify source

Part

PART XII

§ 43This Part shall be read as one with the PortProvision

This section says this Part is to be read together with the Port the Service Charge Act, which is referred to as the principal Act.

43. This Part shall be read as one with the Port the Service Charge Act, hereinafter referred “principal Act”. to as
Section 43Verify source
§ 44The principal Act is amended in section 5, byAmendment

This section amends section 5 of the principal Act by deleting subsection (2) and renumbering subsection (3) as subsection (2).

44. The principal Act is amended in section 5, by- (a) deleting subsection (2); (b) renumbering subsection (3) as subsection (2). PART XIII AMENDMENT OF THE PUBLIC FINANCE ACT, (CAP.348) Construction Cap.348
Section 44Verify source

Part

PART XIII

§ 45This Part shall be read as one with the PublicAmendment

This section says this Part must be read together with the Public Finance Act.

45. This Part shall be read as one with the Public Finance Act, hereinafter referred to as the “principal Act” Amendment of section 3
Section 45Verify source
§ 46The principal Act is amended in section 3 byAmendment

This section adds definitions for “Treasury Single Account” and “Sub-Treasury Single Account” to section 3 of the principal Act.

46. The principal Act is amended in section 3 by inserting in their appropriate alphabetical order the following definitions: “Treasury Single Account” means a unified structure of Government bank accounts that gives a consolidated view of Government cash resources; and “Sub-Treasury Single Account” means an account for from TSA receives that disbursement to beneficiaries;” funds Addition of sections
Section 46Verify source
§ 47The principal ActAmendment

The principal Act is amended to add new sections after section 11 titled “Treasury Single Account”.

47. The principal Act is amended by adding immediately after section 11 the following new sections: “Treasury Single Account
Section 47Verify source
§ 11A(1) ThereProvision

A Treasury Single Account (TSA) must be opened and kept at the Bank of Tanzania, and the Accountant General must open, operate, and manage it.

11A.-(1) There shall be opened and maintained in the Bank of Tanzania a Government account to be known as a Treasury Single Account or in its acronym “TSA”. 21 No.4 The Finance Act 2018 Functions of Treasury Single Account (2) The Accountant General shall open, operate and manage the account under subsection (1).
Section 11AVerify source
§ 11B(1) Functions ofProvision

The Treasury Single Account receives money from the Consolidated Fund, can remit money to Sub-TSA, and can receive unspent or unapplied money from Sub-TSA.

11B.-(1) Functions of the Treasury Single Account shall be- (a) to receive all moneys released from the Consolidated Fund; (b) to remit moneys to Sub- TSA; (c) to receive unspent and unapplied moneys from Sub-TSA. (2) For purposes of this section- (a) unspent the funds means funds that were deposited Government in account and the intended beneficiary to failed utilise the funds; and (b) unapplied funds means funds were that previously a to that commercial bank failed to be applied to the intended account. sent Treasury Single Account Regulations
Section 11BVerify source
§ 11C(1) The Minister mayProvision

The Minister may make regulations to implement sections 11A and 11B and to set TSA-related procedures and limits.

11C.-(1) The Minister may make regulations for proper and effective implementation of sections 11A and 11 B. (2) Without prejudice generality of subsection (1), Minister may make prescribing- to the regulations 22 No.4 The Finance Act 2018 (a) the (b) the role of Paymaster General to the Treasury Single Account; manner and procedures for funding of TSA and Sub TSA account; (c) setting and control of daily expenditure limits; (d) the manner and procedure in relation to processing and remittance of funds; (e) handling of unspent and unapplied balances; and (f) any matter incidental to or connected to the Treasury Single Account. Operation of TSA
Section 11CVerify source
§ 11DThe Treasury SingleAmendment

The Treasury Single Account must come into effect within six months after this Act starts operating.

11D. The Treasury Single Account shall come into effect within six months from the date of coming into operation of this Act.” Amendment of section 12
Section 11DVerify source
§ 48The principal Act is amended in section 12 byAmendment

This amendment adds a proviso to section 12: subsection (1) does not apply to certain amounts allocated to the fund.

48. The principal Act is amended in section 12 by adding immediately after subsection (1) the following proviso: “Provided that, this subsection shall not apply to amounts allocated to the fund from the Consolidated Fund and any other funds or moneys referred to under Article 135(2) of the Constitution”. PART XIV AMENDMENT OF THE ROAD AND FUEL TOLLS ACT, (CAP.220) Construction Cap.220
Section 48Verify source

Part

PART XIV

§ 49This Part shall be read as one with the RoadAmendment

This section says this Part must be read together with the Road and Fuel Tolls Act, which is called the principal Act.

49. This Part shall be read as one with the Road and Fuel Tolls Act, hereinafter referred to as the “principal Act”. 23 No.4 The Finance Act 2018 General amendment
Section 49Verify source
§ 50The principal Act is amended generally bySubstitution

The Act is amended to replace the words “other agencies” with “agency” wherever they appear.

50. The principal Act is amended generally by deleting the words “other agencies” wherever they appear in the Act and substituting for them the word “agency”. Amendment of section 3
Section 50Verify source
§ 51The principal Act is amended in section 3 bySubstitution

This section changes the definitions of “road agency” and “TANROADS” in section 3.

51. The principal Act is amended in section 3 by deleting the definitions of the terms “road agency” and “TANROADS” and substituting for them the following: ““road agency” means TANROADS or any local government authority and includes any institution or body established for purposes of or management of classified roads; development, maintenance Amendment of section 4 Amendment of section 5 “TANROADS” means the Tanzania National Road Agency established under the Executive Agencies Act;”
Section 51Verify source
§ 52The principal Act is amended in section 4 bySubstitution

At least 90% of the money in the Fund must be used for maintenance and emergency repair of classified roads and related administrative costs in Mainland Tanzania.

52. The principal Act is amended in section 4 by deleting subsection (3) and substituting for it the following: “(3) At least ninety percent of the money deposited in the Fund shall be used for maintenance and emergency repair of classified roads and related administrative costs in the Mainland Tanzania in accordance with approved operational plans and budget of the road agency as approved by the Parliament.”
Section 52Verify source
§ 53The principal Act is amended in section 5, bySubstitution

This amendment changes section 5 and requires toll collectors of the Fund to submit monthly reports to the Board when carrying out their duty to ensure collection.

53. The principal Act is amended in section 5, by- (a) deleting the words “Road Fund Accountant” and substituting for them the words “Senior officers” appearing in subsection (4); (b) adding immediately after subsection (4) the following: “(5) In performing their duty of ensuring collection, all toll collectors of the Fund under this Act shall submit monthly reports to the Board.”; 24 No.4 The Finance Act 2018 (c) adding immediately after the word “Minister” appearing in subsections (6) and (7) the words “responsible for roads”. Amendment of section 6
Section 53Verify source
§ 54The principal Act is amended in section 6 byAmendment

This provision amends section 6 of the principal Act by deleting the words “not more than two” from subsection (1).

54. The principal Act is amended in section 6 by deleting the words “not more than two” appearing in subsection (1). Amendment of the section 14
Section 54Verify source
§ 55The principal Act is amended in section 14(1)Amendment

This amendment adds new toll-related prohibited acts, including driving through a toll station without paying, discharging imported fuel without paying, failing to remit collected tolls, and using exempted fuel for غير intended purposes.

55. The principal Act is amended in section 14(1) by adding immediately after paragraph (d) the following: “(e) (f) (g) fraudulently or forcibly drive a vehicle through a toll station without paying the toll; fraudulently discharge imported fuel out of a toll station without paying the toll; having collected any toll, fail or refuse to remit the toll to the Commissioner or to any other authorised person; use exempted fuel for purposes other than (h) the intended purposes.” Addition of new section 14A
Section 55Verify source
§ 56The principal Act is amended by addingAmendment

The principal Act is amended by inserting a new section after section 14 titled “Misuse of Fund”.

56. The principal Act is amended by adding immediately after section 14 the following new section: “Misuse of Fund
Section 56Verify source
§ 14AAny person who misusesAmendment

A person who misuses money deposited in the Fund may be fined an amount equal to the money misused, imprisoned for at least five years, or both, if convicted.

14A. Any person who misuses money deposited the Fund upon in conviction shall be liable to a fine equivalent to the amount misused or for imprisonment for a term of not less than five years or to both.”. Amendment of Fourth Schedule
Section 14AVerify source

Part

PART XV

§ 58This Part shall be read as one with the TanzaniaRepeal

This Part is to be read together with the Tanzania Revenue Authority Act, called the principal Act.

58. This Part shall be read as one with the Tanzania Revenue Authority Act, hereinafter referred to as the “principal Act”. Amendment of section 20 Amendment of section 33 Repeal of section 35
Section 58Verify source
§ 59The principal Act is amended in section 20, bySubstitution

This provision amends section 20 of the principal Act by replacing references to “other commissioners” with “directors”.

59. The principal Act is amended in section 20, by- (a) deleting the words “or other commissioners” appearing in the marginal note and substituting for them the word “directors”; (b) deleting the words “or other commissioners” this section and wherever substituting for them the word “directors”. they appear in
Section 59Verify source
§ 60The principal Act is amended in section 33, byAmendment

Section 33 of the principal Act is changed: subsection (2) is deleted, and the contents of subsection (1) are redesignated as section 33.

60. The principal Act is amended in section 33, by- (a) deleting subsection (2); and (b) designating the contents of subsection (1) as section 33.
Section 60Verify source
§ 61The principal Act is amended by repealingRepeal

This provision amends the principal Act by repealing section 35.

61. The principal Act is amended by repealing section 35. PART XVI AMENDMENT OF THE TAX ADMINISTRATION ACT, (CAP. 438) Construction Cap. 438
Section 61Verify source

Part

PART XVI

§ 62This Part shall be read as one with the TaxAmendment

This section says this Part must be read together with the Tax Administration Act, which is called the principal Act.

62. This Part shall be read as one with the Tax Administration Act, hereinafter referred to as the “principal Act”. 26 No.4 The Finance Act 2018 Amendment of section 24
Section 62Verify source
§ 63The principal Act is amended in section 24, byAmendment

Information provided for a Taxpayer Identification Number application must not be used as the basis for assessing tax.

63. The principal Act is amended in section 24, by- (a) adding immediately after subsection (5) the following- “(6) The particulars to be furnished in respect of an application for a Taxpayer Identification Number shall not be a basis for assessment of tax.”; (b) renumbering subsection (6) as subsection (7). Amendment of section 65
Section 63Verify source
§ 64The principal Act is amended in section 65(1) bySubstitution

This provision changes the wording in section 65(1) by replacing one time period phrase with another.

64. The principal Act is amended in section 65(1) by deleting the words “within a period of twelve months prior to the entity” and substituting for them the words “during the time of occurrence of the”. Amendment of section 70
Section 64Verify source
§ 65The principal Act is amended in section 70, byAmendment

The Minister may set the eligibility, duration, and procedure for accessing a remission under section 70, through regulations or an order published in the Gazette.

65. The principal Act is amended in section 70, by- (a) designating the contents of section 70 as subsection (1); (b) deleting the words “except that in the case of interest, the remission shall not exceed fifty percent of the total interest amount” appearing in subsection (1) as designated; (c) adding immediately after subsection (1) as designated the following- “(2) The Minister may, by regulations or order published in the Gazette, prescribe eligibility, duration and procedure of accessing the remission provided for under this section.” PART XVII AMENDMENT OF THE VALUE ADDED TAX ACT, (CAP. 148) Construction Cap.148
Section 65Verify source

Part

PART XVII

§ 66Section 66Amendment

This section says this Part must be read together with the Value Added Tax Act, which it calls the principal Act.

66. This Part shall be read as one with the Value Added Tax Act, hereinafter referred to as the “principal Act”. 27 No.4 The Finance Act 2018 Amendment of section 6
Section 66Verify source
§ 67Section 67Substitution

This provision amends section 6(2)(a) of the principal Act by replacing subparagraph (ii) with a new text about Cap.134 and certain concessional, non-concessional, or grant arrangements.

67. The principal Act is amended in section 6(2)(a) by deleting subparagraph (ii) and substituting for it the following: “(ii) Cap.134 (iii) concessional loan, non concessional loan or grant through an agreement between the Government of the United Republic of Tanzania and another government or representative of another government, donor or lender of concessional loan or non concessional loan, or a grant agreement duly approved by the Minister in accordance with the provisions of the Government Loans, Grants and Guarantees Act entered between local government authority and a donor.” Amendment of section 85 by-
Section 67Verify source
§ 68Section 68Amendment

This section amends section 85 of the principal Act by deleting the words “non-profit organisation” from the marginal note and subsection (1)(a).

68. The principal Act is amended in section 85, (a) deleting the words non-profit organisation” appearing in the marginal note; and “and (b) deleting the words “non-profit organisation” appearing in subsection (1)(a). Amendment of Schedule
Section 68Verify source

Legislative relationships

11 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

  • Fourth Schedule by adding new excise rates for excisable items. 17. The principal Act

    Section 17
  • Fund under this Act

    Section 53

G–M

2 instruments

  • HS Code

    Section 24
  • members must elect a vice chairman of the Board from among their own number. 57. The principal Act

    Section 57

N–S

5 instruments

  • OF THE PLANNING COMMISSION ACT

    Section 38
  • Part I of the Schedule. 69. The principal Act

    Section 69
  • Planning After the Planning Commission Act

    Section 40
  • Planning Commission Act

    Sections 39, 42
  • principal Act

    Sections 8, 9, 21, 24, 26, 27, 31, 35, 44, 54, 59, 61, 67, 68

T–Z

2 instruments

  • Tax Administration Act

    Section 23
  • This Part is to be read together with the Bank of Tanzania Act

    Section 3

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