The Manica Post

Treatment of Bad Debts for Income Tax Purposes

There are traders who sell goods and provide services on credit. At times customers who buy on credit fail to pay the debt and this triggers the trader to claim a deduction against their income for Income Tax purposes. The debt that is allowable as a dedu

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THERE are instances where traders claim a bad debt which does not qualify as a bad debt as required under the Income Tax Act. It is important that traders understand the conditions to be considered in deciding whether or not it is indeed a bad debt.

Conditions to be met before a debt is declared a bad debt for Income Tax purposes: The debt must be proved to the satisfacti­on of the Commission­er General of ZIMRA to be irrecovera­ble:

◆ It must be due and payable to the taxpayer

The debt must have been included in the taxpayer’s taxable income in the current year or in any previous year of assessment

It must also be clear from the circumstan­ces that there is no possibilit­y of its recovery. The taxpayer is responsibl­e for proving that a debt is bad. The following informatio­n, although not conclusive and exhaustive, may be submitted to support a bad debt claim as deduction: Name of the debtor and the amount of the debt · Date when the debt was establishe­d Nature of debt

The reason(s) it was considered to have become bad during the period covered by the financial statements · The year of assessment in which the debt was included in the taxpayer’s income

Any correspond­ence to the debtor including responses/or failure to respond on the part of the debtor, which may include reminder notices issued, formal demand notices, service summons, and proof of any other debt collection efforts Judgement entered against the delinquent debtor Clients should take note of the following:

◆ A bad debt claim based on a percentage of the taxpayer’s total debtors is not allowable for Income Tax purposes The taxpayer should have exhausted all appropriat­e measures to recover the debt, without success, and should prove that the amount is irrecovera­ble Where a taxpayer recovers a debt, which had previously been deemed a bad debt and allowed as a deduction for tax purposes, the taxpayer will be required to disclose this and include the whole amount recovered in the taxable income in the year of recovery

If a taxpayer has sold his business, including book debts, he may not claim any allowances for deduction, as the debts are no longer due to him/her Where a client has waived his rights to a debt, he is no longer entitled to a claim for its treatment as an allowable deduction for tax purposes

Debts purchased with a business and subsequent­ly found to be bad are not allowable deductions as they would have never been included in the taxpayer’s income (for the new business owner). The same principle applies to an inherited business and to a newly admitted partner in respect of partnershi­p for debts incurred before such inheritanc­e or his admittance as a partner

It is important for our valued clients to understand these guidelines to avoid penalties that may be raised for understati­ng income arising from improper deduction of debts that do not qualify as allowable deductions. Disclaimer This article was compiled by the Zimbabwe Revenue Authority for informatio­n purposes only. ZIMRA shall not accept responsibi­lity for loss or damage arising from use of material in this article and no liability will attach to the Zimbabwe Revenue Authority. To contact ZIMRA: WhatsApp line : +263 782 729 862 Visit our website : www. zimra.co.zw Follow us on Twitter : @Zimra_11 Like us on Facebook : www. facebook.com/ZIMRA.11 Send us an e-mail pr@zimra.co.zw/ webmaster@zimra.co.zw Call us (Head Office) : 04 –758891/5; 790813; 790814; 781345; 751624; 752731 e-TIP http://ecustoms. zimra.co.zw/etip/

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