The Tanzania Revenue Authority (TRA) is set to collect over 850.75 billion/- as tax from VIP Engineering and Marketing Limited (VIP) upon successful prosecution of three high profile cases by the latter that have been pending before local courts.
According to court sources, VIP has lodged Civil Case No. 229 of 2013, which is still pending, against three Standard Chartered Banks (Hong Kong, Tanzania and United Kingdom) and three others defendants before the High Court, demanding 877.56 million US dollars (about 2.02 trillion/-).
There is another Miscellaneous Commercial case No. 6 of 2003 involving Citibank Tanzania Limited in winding up of Tri-telecommunication Tanzania Limited (Tritel), the first ever mobile service provider firm in Tanzania.
In this case, the VIP Company demands 199.01 million US dollars (about 457.72bn/-). Records further show that there is Commercial Case Number 16 of 2000 involving two companies, Societe Generale De Survellance (S.A) and SGS (Tanzania) Limited, over a dispute relating to imported rotten rice.
VIP Company claims 156.40 million US dollars (about 359.72bn/-). In total, the Tanzanian company would be paid 1,232.97 million US dollars (about 2.84 tri/-), that will attract potential 30 per cent corporate tax payable to TRA amounting at 369.89 million US dollars (about 850.75bn/-) while VIP would remain with outstanding claims of 863.08 US dollars (about 1.99tri/-).
International Independent Consultant with VIP Company, Mr James Rugemalira, declined comment when contacted to comment on the issue.
However, the ‘Daily News’ has reliably been informed that the delay by the Commissioner General to refund to VIP undisputable over paid capital gains tax amount of USD 14,481,934.75 out of the total claim of USD 24,074,471.65 was making the company fail to effectively prosecute its long outstanding tort claims in the three separate court cases.
Such cases amounting to over USD 1.2 billion that has a corporation tax revenue generation potential to TRA of about USD 370million. According to taxation experts, a capital gains tax is a tax on capital gains or profit realised on the sale of a non-inventory asset that was purchased at a cost amount that was lower than the amount realised on the sale of the capital asset.
The most relevant capital gains arise from the sale of shares, bonds, and property. If, as VIP invested USD 13,500,000 in its 30 percent shares in Independent Power Tanzania Limited (IPTL) and sold them to Pan African Power Solution Limited (PAP) for USD 75,010,000, the capital gain is USD 61,500,000.
This is the difference between cost of investment and the price realised on sale of shares.
In its decision dated February 12, 2014, the International Centre for Settlement of Investment Disputes (ICSID) in ICSID Case No. ARB/10/20 noted that VIP paid USD 13,500,000 for its 30 percent shares in IPTL.
On January 23, 2014, the TRA collected from VIP Capital Gains Tax on sale of its 30% Shares in IPTL to PAP amounting to USD 23,629,434.75. VIP is claiming from TRA refund of USD 24,076,471.65, including cost of maintenance, interest and costs of the Appeal.
VIP is now only requesting that the undisputable amount of USD 14,481,934.75 be paid now and the balance may be adjudicated upon by the Tax Revenue Appeals Board.
The amount of USD 14,481,934.75 includes 30 per cent capital gains tax amounting to USD 1,128, 543.75 USD on default interest of 3,761,812.50 USD, which by consent was ordered by the High Court before Judge John Utamwa not to be paid and was consequently not paid by PAP to VIP.









