17 January 2018

Namibia establishes Revenue Agency

The Namibia Revenue Agency Act, Act 12 of 2017 (the NRA Act) was gazetted on 12 December 2017. The NRA Act provides for the establishment of the Namibia Revenue Agency (NRA) and the powers, functions and management of the NRA.

The NRA is established as a legal person and may inter alia sue and be sued, enter into agreements, hold property and appoint staff. The NRA is established as an agent of the State for the assessment of tax and collection of State revenue under the supervision and direction of the Minister of Finance. Its powers and functions include the authority to:

  • Assess and collect taxes and duties on behalf of the State
  • Receive and record all State revenue on behalf of the State
  • Enforce the revenue, customs and excise laws, with respect to the collection of revenue as provided by those laws
  • Levy penalties and interest on overdue accounts, collect unpaid taxes and impose liens over properties, as provided by revenue laws
  • Provide customs and excise services that facilitate trade, maximize revenue collection and protect Namibian borders from illegal importation and exportation of goods
  • Improve service delivery to taxpayers and promote compliance with the revenue laws
  • Provide information to and to advise the Minister of Finance on all matters relating to the administration and collection of revenue in terms of the laws set out below
  • Ensure that all revenue collected on behalf of the State is, as soon as reasonably practicable, deposited into the State Account
  • Perform any other functions in relation to revenue collection as the Minister Finance may direct in writing

The NRA will administer the following tax laws in Namibia:

  • Customs and Excise Act, 1998 (Act No. 20 of 1998)
  • Export Levy Act, 2016 (Act No. 2 of 2016)
  • Income Tax Act, 1981 (Act No. 24 of 1981)
  • Petroleum Taxation Act, 1991 (Act No. 3 of 1991)
  • Stamp Duties Act, 1993 (Act No. 15 of 1993)
  • Transfer Duties Act, 1993 (Act No. 14 of 1993)
  • Value Added Tax Act, 2000 (Act No. 10 of 2000)

The NRA will be headed by a Commissioner. The Minister of Finance appoints the Commissioner for a period of five years. The Commissioner may not be appointed for more than two terms.

The NRA Act will only become effective on a date determined by the Minister of Finance by notice in the Government Gazette.

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CONTACTS

For additional information with respect to this Alert, please contact the following:

Ernst & Young Namibia, Windhoek

  • Cameron Kotzé
    cameron.kotze@za.ey.com
  • Friedel Janse van Rensburg
    friedel.jansevanrensburg@za.ey.com
  • Nikia Bauernschmitt
    nikia.bauernschmitt@na.ey.com

Ernst & Young Namibia, Walvis Bay

  • Julia Engels
    julia.engels@za.ey.com

Ernst & Young Advisory Services (Pty) Ltd., Africa ITS Leader, Johannesburg

  • Justin Liebenberg
    justin.liebenberg@za.ey.com

Ernst & Young LLP (United Kingdom), Pan African Tax Desk, London

  • Rendani Neluvhalani
    rendani.mabel.neluvhalani@uk.ey.com
  • Byron Thomas
    bthomas4@uk.ey.com

Ernst & Young LLP, Pan African Tax Desk, New York

  • Silke Mattern
    silke.mattern@ey.com
  • Dele A. Olaogun
    dele.olaogun@ey.com
  • Jacob Shipalane
    jacob.shipalane1@ey.com

Ernst & Young LLP, Pan African Tax Desk, Houston

  • Elvis Ngwa
    elvis.ngwa@ey.com

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ATTACHMENT

PDF version of this Tax Alert

Document ID: 2018-5146