Category / Excise

by Mike Poverello

Tanzania – TRA uses app in bid to curb counterfeit stamps

The Tanzania Revenue Authority (TRA) in Kilimanjaro Region is now using a mobile phone application to confirm the genuineness of Electronic Tax Stamps (ETS) on spirits that are sold in some bars.

The application provides information on whether the ETS on the drink product was genuine or fake.

This follows a recent request by residents of Kilimanjaro and Arusha, asking the taxman to work with other state agencies to investigate the presence of fake tax stamps in the market.

The TRA  regional manager for Kilimanjaro, Mr Gabriel Mwangosi, said yesterday the fake stamps will soon become a thing of the past because the ‘special devices’ have the capacity to verify the fake and genuine ones. “Some traders are buying these stamps from the streets without knowing if they are genuine or not,” he said.

Adding: “We have found some of them buying ETS stamps, which are not recognised by the TRA system. This is a major reason for us to come up with a tool that can help curb fakes,” he noted.

The taxman is friendly with traders because the two depend on each other, cautioning that those using the fake stamps will face the law.

“We provide them (traders) with education to ensure that they fulfil their responsibilities of paying appropriate taxes and on time in order to avoid unnecessary penalties,” said Mr Mwangosi.

He stressed the ETS are mandatory for all traders, cautioning them to refrain from cheating.

“With these verifying devices, I can assure you (traders) and the resi-dents that no one will use fake stamps,” he noted.

Recently, TRA in Kilimanjaro Region reported to have arrested a man, Mr Kimario, in a deliberate effort to dismantle the network of individuals who engage in the distribution of fake ETS.

“He was arrested at his home. He would pocket Sh10,000 on every 100 fake stamps he sold to manufacturers. At times, he would issue a Sh2,000 discount and sell at Sh8,000. This is sabotage of our economy and revenue collec-tion efforts,” said Mr Mwangosi last Wednesday.

The government announced plans to adopt the ETS system in June 2018 and the first phase was conducted on January 15, 2019 whereby stamps were installed on 19 companies that produce alcohol, wine and spirits.

ETS seeks to boost transparency in the collection of excise duty, value-added tax (Vat) and corporate tax from manufacturers.

The ETS system enables the government to use modern technology to obtain production data on a timely basis (real time) from manufacturers.

Source: The Citizen (Tanzania), 16 March 2021

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by Mike Poverello

HMRC – Border Operating Model with the EU

From 1 January 2021, the transition period with the European Union (EU) will end, and the United Kingdom (UK) will operate a full, external border as a sovereign nation. This means that controls will be placed on the movement of goods between Great Britain (GB) and the EU.

The UK Government will implement full border controls on imports coming into GB from the EU. Recognising the impact of coronavirus on businesses’ ability to prepare, the UK Government has taken the decision to introduce the new border controls in three stages up until 1 July 2021.

Her Majesty’s Revenue & Customs (HMRC) published the first iteration of the Border Operating Model in July 2020, setting out the core model that all importers and exporters will need to follow from January 2021 as well as the additional requirements for specific products such as live animals, plants, products of animal origin and high-risk food not of animal origin. We also provided important details of Member State requirements as traders and the border industry will need to ensure they are ready to comply with these, and not just Great Britain (GB) requirements. Indeed, as set out in the recently published ‘Reasonable Worst Case Scenario’ assumptions, it is largely the level of readiness for Member State requirements which will determine whether there is disruption to the flow of goods at the end of the transition period. This is why we have included additional signposting to those requirements throughout the document, and are encouraging all GB businesses not just to ensure their own readiness but also the readiness of EU businesses to whom they export, and throughout their supply chains.

Since July, the HMRC has worked closely with industry to further develop plans for the end of the transition period, and also to respond to industry questions since the publication of the first iteration of the Border Operating Model. This latest iteration of the Border Operating Model provides additional information in a number of key areas as set out below as well as clarifying a number of questions from industry.

You can access the HMRC Border Operating Model here.

by Mike Poverello

Tanzania – Electronic Tax Stamp Pushes Up Revenue By 34%

THE use of Electronic Tax Stamps (ETS) for excisable goods have contributed to a 34 percent increase in revenue collected on branded products.

Due to the increase, the Tanzania Revenue Authority (TRA) has already rolled out the second phase which saw ETS being stamped on soft and carbonated drink plus bottled water.

TRA Deputy Commissioner General, Mr Msafiri Mbibo made the remarks during the on-going 44th Dar es Salaam International Trade Fair (DITF).

Mr Mbibo said since the system was introduced it has proven success showing improvement in revenue collections in which there is an increase of 34 percent.

ETS replaces the former paper stamp system, which was cumbersome and prone to human error, allowing certain tax-related malpractices to slip through the cracks.

This is one of the government’s moves geared towards improving tax administration in the country.

“We are glad that ETS shows improvement in the collection of excise duty and Value-added Tax (VAT), in the first quarter of the 2019/20 financial year the collection rose to 35.3 per cent on domestic spirits and wines compared to the corresponding period of last year,” he noted.

The taxman garnered 25.8bn/-as excise duty and VAT from domestic spirits and wines during the first quarter of the 2018/19 fiscal year, but the amount rose to 34.96bn/- during the first quarter of the 2019/2020 financial year.

Excise duty and VAT on cigarettes rose by 5.6 percent during the first quarter of the 2019/2020 financial year compared to a similar period last year.

TRA collected 56.7bn/-as excise duty and VAT on cigarettes from July to September 2019, a 3bn/-increase from a similar period of the previous financial year.

For the soft drinks, the amount collected as excise duty and VAT during the two months of August and September 2019 was 18 percent, higher than what was garnered during a similar period in 2018.

TRA collected 16.155bn/-in excise duty and VAT on soft drinks in August and September 2018, but the amount rose to 19.05bn/-during the period between August and September 2019.

Mr Mbibo said ETS has helped to eliminate counterfeit products from the market. It is, nonetheless, a promising move by the Government, and manufacturers and intellectual property owners should have reason to smile.

Commenting on how TRA is planning to ensure the surge the tax base, Mbibo said they will continue to develop friendly tax collection mechanisms so that everyone can enjoy voluntary taxation.

ETS first phase commenced on 15 January 2019 and affected cigarettes, wines, spirits, beer and all other alcoholic beverages.

The second phase began on 1 August 2019 and applied to products such as sweetened or flavoured water and other non-alcoholic beverages, except for fruit or vegetable juice.

The Regulations require each manufacturer to install an electronic tax stamp management system.

A Swiss-based firm SICPA has been contracted by the Tanzania Revenue Authority (TRA) to install and enroll all manufacturers, producers and importers onto the system.

Source: Daily News (Tanzania), 8 July 2020

by Mike Poverello

Operation “Warehouse” – Joint Customs Operation prevents losses to the EU States

OLAFAlmost 45 million smuggled cigarettes, nearly 140.000 litres of diesel fuel and about 14.000 litres of vodka were seized during a major Joint Customs Operation (JCO). The Operation code-named “Warehouse” was carried-out in October 2013 by the Lithuanian Customs Service and the Lithuanian Tax Inspectorate in close cooperation with the European Anti-Fraud Office (OLAF), and with the participation of all 28 EU member states. As a result of Operation “Warehouse”, a significant potential loss to the budgets of the European Union and its Member States was prevented. According to preliminary estimates, this would have amounted to about € 9 million in the form of evaded customs duties and taxes. The final results of the Operation were discussed by the participants last week at a debriefing meeting in Vilnius and were made public today across Europe.

Algirdas Šemeta, Commissioner for taxation, customs, anti-fraud and audit, welcomed the very good results of the operation. “The fight against the smuggling of excise goods is one of our political priorities and we have launched a number of initiatives to better equip Europe against such harmful practices being run by organised criminal networks. JCO Warehouse is a good example of how the EU and Member States’ authorities can cooperate effectively to protect their revenue. Joint Customs Operations safeguard the EU’s financial interests and also protect our citizens and legitimate businesses”, he said. “Such Operations also highlight the added-value of OLAF in helping facilitate the exchange of information between our partners across Europe and in providing effective operational support.”

Operation “Warehouse” focused on cargo movement by road transport. It targeted the smuggling and other forms of illegal trade of excise goods such as mineral oil, tobacco products and alcohol throughout Europe. By using several complex scenarios in multiple EU Member States, fraudsters lawfully import goods into the EU but request a VAT and excise exemption by declaring the goods as subject to tax and duty exemption regimes (e.g. declaring the goods to be in transit). The trace of the goods is then lost through the fictitious disappearance of the traders or through a fictitious export. Fraudsters avoid paying VAT and excise duties, but the goods remain in the internal market, causing a substantial loss to the EU’s and Member States’ revenues.

JCO “Warehouse” was the first Operation carried-out in close cooperation with tax authorities to target excise and VAT fraud specifically, besides customs fraud. For the first time, customs and tax authorities cooperated on a European scale in a JCO. This is a significant achievement since the different competences and legal regimes applicable at national and EU level make it difficult to address complex fraud schemes with uniform measures. In this Operation, customs and tax authorities joined their expertise, resources and shared intelligence to prevent losses to the EU’s and Member States’ budget.

Eight seizures were made during the Operation. Among these, authorities seized 6.617.400 cigarettes in Sweden and Lithuania; 135.831 litres of diesel in Poland and the United Kingdom, and 14.025,6 litres of vodka in United Kingdom alone. Overall, 44.957.160 cigarettes were seized.

During the entire Operation “Warehouse”, OLAF provided organisational, logistical, financial and technical support to allow for an exchange of information and intelligence in real-time. This was coordinated from the Physical Operational Coordination Unit (P-OCU) at the OLAF premises in Brussels which facilitated direct communication with the national contact points. A group of liaison officers from some Member States representing all the participating 28 EU countries, worked from here during the Operation and experts from the Commission’s Directorate-General for Taxation and Customs Union provided support.

EUROPOL participated as an observer in the Operation. A representative of the office was present at the P-OCU during the operational phase of the operation. It was also possible to make direct cross-checks of suspect individuals and companies appearing during the JCO with EUROPOL via a secure internet connection. Source: EU Commission

by Mike Poverello

When a Beer is definitely not a Beer!

beerThe Tanzania Revenue Authority (TRA) has been blamed for disobeying the decree issued by Kinondoni District Court, which prohibits import and distribution of Windhoek Premium Lager Beer in the country, which does not bear code number MB66.

It is alleged further that the TRA, in total disobedience of the decree in question issued on October 15, 2010, has been allowing and collecting tax from dishonest businessmen and companies who import the beer brand that does not bear the said code number.

A consultant with Mabibo Beer Wine and Spirit Limited told the ‘Sunday News’ that his company was shocked after learning that a certain TRA officer said the Authority does not recognize the decree that was issued by the Kinondoni District Court.

A TRA officer recently informed the police authorities who are investigating Mabibo’s complaints against Land Mark Hotel for disobeying a lawful court order that TRA does not recognise the decree that prohibits any person from importing or selling Windhoek Premium Lager.

According to the court order – failure or refusal by the defendant, its owners, agents, directors, servants and other unknown persons who are directly or indirectly related to the defendant or any other persons, to comply with the prohibition orders shall amount to contempt of the orders of the court.

TRA has been accused of allowing Land Mark Hotel to import Windhoek Premium Lager Beer in violation of the court decree and was only concerned with the collection of taxes and that the Authority was not bound to respect the order of the court. Following the court order, Windhoek Premium Lager Beer which does not bear code Number MB66 became restricted and prohibited goods, save where specific written consent of Mabibo has been sought and obtained. Source: Tanzania Daily News.