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What is Surtax?

1.  What is Surtax?

Surtax is a tax charged on certain business transactions. At present it is limited to imports, locally produced goods and services.  Plans are underway to introduce surtax to wholesale and retail stages.

2.  Registration for Surtax

If you are making supplies you will have to be registered if at the end of any of the following periods, your taxable turnover exceeds the amounts shown against such period.

PERIOD

AMOUNT

Last 3 months

K26,250.00

Last 6 months

K45,000.00

Last 9 months

K60,000.00

Last 12 months

K75,000.00

If you have taken over a business from a person already registered you must take account of the level of taxable turnover under the previous owner. There are penalties for not applying for registration when the law required you to do so.

3.  Surtax Returns

Every registered trader is required to submit a surtax return on a prescribed Form ST3, together with the amount of surtax due, to the Commissioner General by the 20th of the month which follows the end of each of his specified surtax period.

The Surtax returns (ST3) form includes the following details:

  • Name and registration number of the registered person

  • The total value and output surtax charged by the registrant to his customers during the period for the supplies at each rate of surtax

  • The value of any exempt supplies

  • The total value and input surtax invoiced to the registrant by other registered persons.  In case of imported goods value and surtax shown on bills-of-entry during the period

  • The net balance of the input and output surtax figures (resulting in the amount to be paid or to be carried forward)

  • Various other details including a declaration by the registered person.

4.  Receipt of Surtax Returns (Form ST3) From Registered Traders

On receipt of the surtax return from the registered trader, returns with payments are handed over to the cashier who issues a receipt for the amount of the remittance accompanying each return.

5.  Late Submission of Returns

At the end of each month a list of non-filers is compiled and default advice is sent to non-filers on Form SL9

6.  Receipts of ‘Nil’ Return

Where nil return is received, investigations are conducted to establish the reasons for such a return and necessary action is taken depending on the outcome of the investigations.

7.  Receipts of Excess Return

If a registered person submits excess returns for three consecutive months, a verification visit is made immediately.

An excess return is genuine where it can be verified that:

  • The registered person supplied a large quantity of goods which had been produced from taxable material

  • Where a registered person's output tax is regularly less than his input tax (e.g. because he regularly exports taxable goods)

Where there is no evidence as explained above, an in-depth verification is made until the matter is resolved. Otherwise, the excess surtax is refunded upon receipt of application from the trader on Form ST11

8.  Action against non-filers

Traders who fail to file their surtax returns even after a default advice is sent to them are subjected to the following investigations that may eventually result into legal action being taken:

  1. Reason for not submitting return and paying surtax

  2. Total surtax due and additional surtax

  3. Estimate value of his assets and trade goods in stock.

9.  Verification  Visits

From time to time surtax officers visit registered people to examine their books and records to verify the accuracy of surtax returns and to see that the books etc are being properly maintained.

Where underpayment of surtax is discovered, the registered person is notified on Form ST8. Additional surtax is assessed on the amounts of surtax underpaid and it is calculated from the date when the correct amount should have been paid up to when the underpaid surtax was discovered.

  

 

  
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