A Tax Clearance Certificate (TCC) is a transaction-based
written confirmation from the Malawi Revenue Authority (MRA), or any other tax
administration, that a person’s tax affairs are in order at the date of issue
of the certificate. It states that an
individual or corporation has no tax due.
The TCC may be issued for all taxes or for a tax or taxes
specified by the business. The Taxation Act, Section 85A (1) stipulates that notwithstanding
anything to the contrary contained in any other written law, the conclusion of
any transaction specified in the Fifteenth Schedule shall be subject to a TCC
to be issued by the Commissioner General.
The Fifteenth Schedule lists a number of transactions which
require a TCC. Such transactions include but are not limited to transfer of
land and buildings, renewal of Certificate of Fitness for commercial vehicles,
renewal of Business Residence Permit, change of ownership of a company, renewal
of Temporary Employment Permits and renewal of telecommunications license among
others.
A person requiring a TCC shall apply in writing for such
certificate either by himself or through his representative or agent to the
Commissioner General and justify why a TCC is required. A TCC shall be issued
by the Commissioner General only where conditions as may be prescribed by the
Commissioner General are satisfied.
Such conditions shall include evidence that the applicant
is a registered taxpayer, except where the applicant is not subject to, or is
exempt from, income tax. Furthermore, the applicant must submit his income tax
returns and he should not have any outstanding income tax.
Making transactions without a TCC when it is required is
against tax laws and offenders will be penalized. A TCC is a requirement for
the awarding of business contracts through tenders from government and private
companies which require only tax compliant bidders.
Feedback: tax@mra.mw; 0888
958 220, 0888 986 200