Republic of Namibia 144 Annotated Statutes
Income Tax Act 24 of 1981
Income Tax Act 24 of 1981
(OG 4580)
came into force on date of publication: 31 December 1981; applied to
natural persons who are “citizens of Rehoboth” with certain amendments,
with effect from 31 December 1981; see Act 5 of 1982 (Rehoboth),
(Official Gazette 86 of Rehoboth, dated 23 December 1983)
as amended by
Income Tax Amendment Act 12 of 1982 (OG 4656)
came into force on date of publication: 16 July 1982,
unless otherwise provided (see annotations to individual sections)
Income Tax Amendment Proclamation, AG 10 of 1985 (OG 5016)
deemed to have come into force as from the commencement of the year of assessment
ending on or after 1 January 1985 (section 17 of AG 10 of 1985),
unless otherwise provided (see annotations to individual sections)
Income Tax Amendment Act 13 of 1985 (OG 5115)
deemed to have come into force “from the beginning of the financial year of
a company ending on or after 1 July 1985” (section 2 of Act 13 of 1985)
Income Tax Amendment Act 11 of 1986 (OG 5234)
deemed to have come into force on 1 March 1986 (section 2 of Act 11 of 1986)
Income Tax Amendment Act 8 of 1987 (OG 5400)
“the amendments effected to the principal Act by this Act shall come into operation, or shall
be deemed to have come into operation, save in so far as the context indicates otherwise,
at the beginning of the year of assessment ending on or after 1 January 1988”
(section 12 of Act 8 of 1987)
Income Tax Amendment Act 1 of 1989 (OG 5675)
deemed to have come into force on 1 March 1988 (section 2 of Act 1 of 1989)
Second Law Amendment (Abolition of Discriminatory or
Restrictive Laws for purposes of Free and Fair Election)
Proclamation, AG 25 of 1989 (OG 5758)
relevant portion deemed to have come into force
on 1 April 1989 (section 2(2) of AG 25 of 1989)
Petroleum (Taxation) Act 3 of 1991 (GG 179)
came into force on 30 September 1992 (section 25 of Act 3 of 1991,
as amended by the Petroleum Matters (Amendment and Validation) Act 27 of 1992)
Income Tax Amendment Act 8 of 1991 (GG 222)
(a) “in relation to a person referred to in subsection (2)(a) of section 16A,
as inserted by this Act”, deemed to have come into force on 1 March 1987, and
(b) in relation to any other person, deemed to have come into force
on 1 March 1990 (section 3 of Act 8 of 1991)
Second Income Tax Amendment Act 12 of 1991 (GG 229)
deemed to have come into force at the beginning of the year of assessment
commencing on or after 1 March 1991 (section 9 of Act 12 of 1991),
unless otherwise provided (see annotations to individual sections)
Third Income Tax Amendment Act 33 of 1991 (GG 335)
deemed to have come into force on 1 March 1991 (section 2 of Act 33 of 1991)
Income Tax Amendment Act 25 of 1992 (GG 487)
deemed to have come into force (a) in the case of any taxpayer other than a company,
at the beginning of the year of assessment commencing on or after 1 March 1992;
and (b) in the case of any taxpayer which is a company, at the beginning of the financial
year of such company ending on or after 1 March 1992 (section 22(1) of Act 25 of 1992),
unless otherwise provided (see annotations to individual sections)
Income Tax Amendment Act 10 of 1993 (GG 693)
deemed to have come into force (a) in the case of any taxpayer other than a company,
at the beginning of the year of assessment commencing on or after 1 March 1993; and
(b) in the case of any taxpayer which is a company, at the beginning of the year of assessment
of such company commencing on or after 1 January 1993 (section 15 of Act 10 of 1993)
Income Tax Amendment Act 17 of 1994 (GG 932)
deemed to have come into force (a) in the case of any taxpayer other than a company, at the beginning of the year of assessment commencing on or after 1 March 1994; and (b) in the case of any taxpayer which is a company, at the beginning of the year of assessment of such company commencing on or after 1 January 1994 (section 11 of Act 17 of 1994),
9 of 1994, unless otherwise provided (see annotations to individual sections)
Income Tax Amendment Act 22 of 1995 (GG 1225)
deemed to have come into force (a) in the case of any taxpayer other than a company,
at the beginning of the year of assessment commencing on or after 1 March 1995; and
(b) in the case of any taxpayer which is a company, at the beginning of the year of assessment
of such company commencing on or after 1 January 1995 (section 14 of Act 22 of 1995),
unless otherwise provided (see annotations to individual sections);
note that Act 22 of 1995 is amended by Act 12 of 1996
Income Tax Amendment Act 12 of 1996 (GG 1375)
deemed to have come into force (a) in the case of any taxpayer other than a company,
at the beginning of the year of assessment commencing on or after I March 1996; and
(b) in the case of any taxpayer which is a company, at the beginning of the year of assessment
of such company commencing on or after 1 January 1996 (section 31 of Act 12 of 1996),
unless otherwise provided (see annotations to individual sections)
Income Tax Amendment Act 5 of 1997 (GG 1680)
different commencement dates for different sections and for different categories
of taxpayers (section 12 of Act 5 of 1997; see annotations to individual sections)
Income Tax Amendment Act 13 of 1998 (GG 1882)
deemed to have come into force (a) in the case of a taxpayer other than a company,
at the commencement of the year of assessment commencing on or after 1 March 1998; and
(b) in the case of a taxpayer which is a company, at the commencement of the year of
assessment of such company on or after 1 January 1998 (section 2 of Act 13 of 1998)
Income Tax Amendment Act 7 of 1999 (GG 2135)
deemed to have come into force (a) in the case of any taxpayer other than a company, at the commencement of the year of assessment commencing on or after 1 March 1999; and (b) in the case of any taxpayer which is a company, at the commencement of the year of assessment
of such company on or after 1 January 1999 (section 2 of Act 7 of 1999)
Income Tax Second Amendment Act 21 of 1999 (GG 2240)
deemed to have come into force (a) in the case of any taxpayer other than a company,
at the beginning of the year of assessment commencing on or after 1 March 1999; and
(b) in the case of any taxpayer which is a company, at the beginning of the year of assessment
of such company commencing on or after 1 January 1999 (section 15 of Act 21 of 1999),
unless otherwise provided (see annotations to individual sections)
Appeal Laws Amendment Act 10 of 2001 (GG 2585)
came into force on date of publication: 25 July 2001
Income Tax Amendment Act 7 of 2002 (GG 2820)
deemed to have come into force (a) in the case of a taxpayer other than a company,
at the beginning of the year of assessment commencing on or after 1 March 2002; and
(b) in the case of a taxpayer which is a company, at the beginning of the year of assessment
of such company commencing on or after 1 January 2002 (section 14 of Act 7 of 2002),
unless otherwise provided (see annotations to individual sections)
Income Tax Amendment Act 11 of 2003 (GG 3049)
deemed to have come into force in relation to a taxpayer other than a company
at the commencement of the year of assessment commencing on or after
1 March 2003 (section 2 of Act 11 of 2003)
Income Tax Amendment Act 4 of 2005 (GG 3428)
came into force on date of publication: 14 May 2005,
unless otherwise provided (see annotations to individual sections)
Income Tax Amendment Act 5 of 2007 (GG 3964)
came into force on date of publication: 27 December 2007,
unless otherwise provided (see annotations to individual sections)
Income Tax Amendment Act 5 of 2010 (GG 4475)
came into force on date of publication: 30 April 2010, or in the case of a taxpayer other than
a company, at the beginning of the year of assessment commencing on or after 1 March 2009, (section 9(a) of Act 5 of 2010), unless otherwise provided (see annotations to individual sections)
The Act was amended by the Income Tax Amendment Act 3 of 2011, which was promulgated by Government Notice 79/2011 (GG 4732). Its purpose, according to the long title was “To amend the Income Tax Act, 1981, so as to amend the definitions of “person”, “pension”, “preservation fund” and “retirement annuity fund” to increase the amount which may be commuted for a single tax free payment; to increase the exemption from tax on a lump sum derived on retirement or retrenchment; to delete allowable deductions to mining companies in respect of rehabilitation expenditure; to provide for the administration of withholding tax on interest; to increase the threshold on income tax payable by individuals; to reduce the tax rate payable by non-mining companies; and to provide for incidental matters”. However, this Government Notice was withdrawn by Government Notice 150/2011 (GG 4787): “Government Notice No. 79 of 10 June 2011 under which the Income Tax Amendment Act, 2011 (Act No. 3 of 2011) was published is withdrawn.” Act 3 of 2011 was not subsequently published, so the amendments
made by it have not been incorporated here.
Income Tax Second Amendment Act 7 of 2011 (GG 4755)
came into force on date of publication: 14 July 2011
Income Tax Third Amendment Act 15 of 2011 (GG 4864)
came into force generally on date of publication: 30 December 2011, but came into force
(a) in the case of any taxpayer other than a company, at the commencement of the year of assessment commencing on or after 1 March 2012; and (b) in the case of any taxpayer which
is a company, at the commencement of the year of assessment of such company commencing
on or after 1 January 2012, unless otherwise provided (see annotations to individual sections)
Income Tax Amendment Act 4 of 2013 (GG 5206)
deemed to have come into force (a) in the case of any taxpayer, other than a company,
at the commencement of the year of assessment commencing on or after 1 March 2013; and
(b) in the case of any taxpayer which is a company, at the commencement of the year of assessment of such company on or after 1 January 2013 (section 2 of Act 4 of 2013)
Income Tax Amendment Act 13 of 2015 (GG 5912)
came into force on date of publication: 30 December 2015
unless otherwise provided (see annotations to individual sections)
Income Tax Amendment Act 4 of 2016 (GG 6044)
came into force on date of publication: 21 June 2016
The Act was applied to “citizens of Rehoboth”, subject to certain amendments, by section 2(1)(a) of the “Application of the Income Tax Act to Citizens of Rehoboth Act 5 of 1982 (Rehoboth)”, (Official Gazette 86 of Rehoboth, dated 23 December 1983): “The Income Tax Act, 1981 (Act 24 of 1981) of the National Assembly of South West Africa, (hereinafter referred to as the Act), shall, subject to the provisions of this Act and in so far as the first-mentioned Act applies to natural persons, apply also to citizens of Rehoboth.” Section 2(1)(a) was deemed to have come into force on 31 December 1981, in terms of section 2(1)(b) of Act 5 of 1982 (Rehoboth). Section 2(2) provided that any future amendments of the Act would be applicable to “citizens of Rehoboth”, insofar as those amendments applied to natural persons. The amendments made in respect of the “citizens of Rehoboth” by Act 5 of 1982 (Rehoboth) are indicated in annotations to the affected sections.
ACT
To consolidate and amend the law relating to the taxation of income; and to provide for incidental matters.
(Afrikaans text signed by the Administrator-General on 21 December 1981)
ARRANGEMENT OF SECTIONS
PRELIMINARY
Section
1. Interpretation
CHAPTER I
ADMINISTRATION
2. Administration of the Act
[heading of section 2 substituted by Act 12 of 1996]
3. Exercise of powers and performance of duties
4. Preservation of secrecy
CHAPTER II
THE TAXES
Part I
Normal Tax
5. Levy of normal tax for the benefit of the State Revenue Fund and transfer of a part thereof to the revenue funds of representative authorities
5A. Registration of companies as registered manufacturers
[section 5A inserted by Act 10 of 1993; heading substituted by Act 7 of 2002]
5B.
[section 5B inserted by Act 10 of 1993 and deleted by Act 12 of 1996]
6. Rates of normal tax
7.
[section 7 deleted by Act 22 of 1995]
8. Rebate in respect of any taxes on dividends payable to the government of any country other than Namibia
9. Rebate in respect of non-resident shareholders’ tax
10. Rebate in respect of foreign income taxes on royalties and similar income
11. Rebate in respect of diamond profits tax
12. When income is deemed to have accrued or to have been received
13. Date of receipt or accrual of antedated salaries or pensions and of certain retirement gratuities
14. Certain amounts to be included in income or taxable income
15. Circumstances in which amounts deemed to have accrued from sources within Namibia