Value Added Tax (Amendment) Act, 2012

2. The principal Act is amended in section sixteen by the insertion, immediately after subsection (1 ), of the following new subsection: Amendment of section 16 (IA) A return shall be accompanied by such documents as the Commissioner-General may determine and shall be signed by the person lodging the return.

3. Section eighteen of the principal Act is amended by the repeal of subsection (4) and the substitution therefor ofthe following: Amendment of Section 18 (4) Input ta,'<: shall not be deducted or credited after a period of six months from the date of the relevant tax invoice or other evidence referred to in subsection (3), except in such circumstances as the Commissioner-General may by rule, specify.

4. The principal Act is amended by the repeal of Part VI and the substitution therefor of the following new Part: Repeal and replacement of Part VI Single Copies of this Act can be obtained from the Government Printer, P.O. Box 30136, JO/OJ Lusaka, Price Kl,000 each 234 No. 14 of 2012] Value Added Tax (Amendment) Ri�ht of review Conduct of review Appeals Act No.I I of 1998 Insertion of new section 50A Tax information exchange agreements and mutual assistance in tax matters PART VI REVIEWS AND APPEALS

30. A person who is aggrieved by a decision made or direction given by the Authority under this Act may apply to the Commissioner-General for a review of that decision or direction in the prescribed manner and fonn.

31. (1) A review shall be conducted in the prescribed manner. (2) The person conducting the review shall give the applicant and the person who made the decision or gave the direction an opportunity to be heard and to make written submissions.

32. A person aggrieved by a decision of the Commissioner-General under this Act may appeal against the decision to the Revenue Appeals Tribunal as provided under the Revenue Appeals Tribunal Act.

5. The principal Act is amended by the insertion, immediately after section/if()', of the following new section:

50A. (1) The President may enter into an agreement, which may have retrospective effect, with the Government of any other country or territory for the exchange of information on tax matters or for mutual assistance in tax matters with the objective of rendering reciprocal assistance in the administration and collection of taxes under the tax Jaws of the Republic and such other country or territory. (2) Any information received by a country or territory under an agreement entered into under subsection (1) shall be treated as secret in the same manner as information obtained under the domestic Jaws of that country or territory and shall be disclosed only to persons or authorities involved in the assessment, collection enforcement, prosecution or determination of appeals in relation to, the taxes under this Act. (3) Subsection (2) shall not be construed so as to impose on a country or territory the obligation to---- (a) carry out administrative measures at variance with the laws and administrative practices of that country or territory; \ Value Added Tax (Amendment) [No. 14 of 2012 235 (b) supply information which is not obtainable under the laws of that country or territory or under the laws of Zambia; or (c) supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy. ( 4) The Minister shall lay a copy of an agreement referred to in subsection(!) before Cabinet for approval. (5) The President shall, as soon as practicable after the conclusion and approval of any agreement under this section, notify the public of the terms of the agreement by statutory instrument, and the agreement shall, from the date of commencement of the statutory instrument, have effect as if enacted under this Act as long as the agreement has the effect of law in the of the other country or territory. 236