• UNIT 4: CUSTOMS AND 4 CONSUMPTION TAX

    1. Key unit competence: Compute the Customs and consumption taxes



    Mr. KAMARI, an importer located in Musanze District, imported Irish
    potatoes from Uganda Kabare District and had a consignment with vehicle
    RAC 407P for bringing 3 tons When he reached Kisoro district near Cyanika
    border the vehicle got a mechanical problem which required a spare part

    from Nairobi-Kenya.

    1. From the above picture which things are you seeing?
    2. Considering Mr. KAMARI’s scenario, what do you think Mr. KAMARI

    will present to border for his.

    4.1: EAC origin, objectives
    Learning Activity 4.1
    Many years ago businessmen from Rwanda traded with people from
    Uganda, Congo, Kenya and Tanzania but due to security and tax policies
    and international relations most of their companies were operating at a
    loss and some time they lost their products while crossing from Rwanda
    to these countries and they even faced the problem of not getting trade
    facilities while getting to the frontiers. These problems affected not only
    the Rwandan side, but almost all countries in the region. For the above
    scenario, what things have been done in this country to solve the above

    problems?

    4.1.1: EAC customs union origin 

    1. Meaning of the East African Community Customs Union 

    a) The East African Community (EAC) Customs Union

    Meaning of customs union

    The Customs Union is the first Regional Integration milestone and critical
    foundation of the East African Community (EAC), which has been in force since
    2005, as defined in Article 75 of the Treaty for the Establishment of the East

    African Community.

    It means that the EAC Partner States have agreed to establish free trade (or
    zero duty imposed) on goods and services amongst themselves and agreed on
    a common external tariff (CET), whereby imports from countries outside the

    EAC zone are subjected to the same tariff when sold to any EAC Partner State.

    Goods moving freely within the EAC must comply with the EAC Rules of Origin
    and with certain provisions of the Protocol for the Establishment of the East

    African Community Customs Union

    The East African Community (EAC) Customs Union is formed of Kenya, Tanzania,

    Uganda, Burundi, Rwanda, Democratic Republic of Congo and South Sudan

    b) Trade related aspects

    • Rules of Origin

    Rules of Origin are the laws, regulations and administrative procedures which

    determine a product’s country of origin. 

    The protocol provides that trade within the EAC will be conducted in accordance

    with agreed East African Rules of origin.

    • National treatment: 
    This is the obligation that each nation must give imported goods the same
    treatment that they give to domestic or “national” products, i.e. there should be
    no discrimination. In this respect, Partner States agreed not to enact legislation,
    or apply administrative measures, which directly or indirectly discriminate
    against the same or similar products of other Partner States.
    • Anti-dumping measures:
    Dumping occurs when imported merchandise is sold in the domestic market (or
    exported) at less than the normal value of the merchandise, i.e. a price that is
    less than the price at which the merchandise is sold in its home market. Partner

    States recognized the challenges dumping imposes on the domestic market.

    • Subsidies:
    Partner States that grant any form of subsidy that directly or indirectly distorts
     competition are required to notify the other Partner States in writing.
    •  Countervailing measures:
    For purposes of offsetting the effects of subsidies, a countervailing duty may be

    levied on any product of any foreign country imported into the Customs Union.

    • Safeguard measures:
    Partner States agreed to apply safeguard measures to situations where there
    is a sudden surge of a product imported into a Partner State, under conditions

    which cause or threaten to cause injury to domestic producers.

    •  Restriction and prohibitions to trade:
    Partner States may introduce or continue with restrictions or prohibitions
    involving: the application of security laws and regulations; the control of arms
    and ammunition; the protection of human life, the environment and natural
    resources, public safety, public health and public morality; the protection of
    animals and plants It was agreed that goods to be restricted and prohibited

    from trade be specified in the Management Act..

    • Re-exportation of goods:
    Partner States agreed to ensure that re-exports from their countries shall be

    exempt from the payment of import or export duties.

    • East African Community Committee on Trade Remedies:
    The Protocol established the above committee. This committee handles any
    matters relating to the rules of origin, anti-dumping measures, subsidies and 
    countervailing measures and any safeguarding measures that are provided for

    under the East African Community Customs Union.

    2. The main features of EAC Customs union

    .A shared set of import duties applied on goods from countries outside
    the EAC. This is referred to as the Common External Tariff (CET)
    Zero rate of import duty, and no quotas, applied on goods from countries
    within the EAC with valid certificate of origin
    .Shared procedures, safety measures, valuation methods, trade policy
             and terminology governed by the EAC Customs Management Act
            (CMA).
         Rwanda is also a member of the Common Market for Eastern and
        Southern Africa (COMESA) free trade area.

    4.1.2: Objectives of EAC Customs union
    The objectives of the East African Community are broader and cover almost all
    spheres of life. The main objective of the Customs Union is formation of a single
    customs territory. Therefore, trade is at the core of the Customs Union.

    It is within this context that internal tariffs and non-tariff barriers that could
    hinder trade between the Partner States have to be eliminated, in order to
    facilitate formation of one large single market and investment area

    Customs Union focuses on facilitating trade on the following:
    Removal of tariff on goods from partner states;
      • Application of a Common External Tariff;
      • Removal of other barriers to trade;
      • Customs Union focuses on trade facilitation through:
    – Removal of non-tariff barriers;
    – Simplifying and standardizing trade formalities and customs
              documentation;
    – Exchange of customs/ trade information;
    – Adopting and implementing international best practices in customs
    and trade;

    – Common and uniform application of Customs laws.

            Application activity 4.1

    1. Define the terms “rules of origin and mention types of rules of
    origin
    2. True or false question on the features of EAC Customs union
    a) A shared set of import duties applied on goods from countries
    outside the EAC. This is referred to as the common External Tariff
    (CET)
    b) Zero rate of import duty, and no quotas, applied on goods from
    countries within the EAC with valid certificate of origin
    c) Removal of other barriers to trade
    3. Explain the purpose of rules of origin
    4. In East African Community (EAC) rules of origin criteria, goods
    shall be accepted as originating in a Partner State where the goods
    are wholly produced in the Partner State among others.
    For the purposes of rules of origin, what products that shall be

    regarded as wholly produced in a partner state?

    4.2: Description of customs duties
    Learning Activity 4.2
    The student from Munezero girls’ schools were on a study tour in Dar -Es
    -Salam being hosted by Institute of Tax Administration (ITA) in collaboration
    with Tanzania Freight Forwarders Association (TAFFA). Initially students
    had planned to visit Dar-Es-Salam port and discuss customs issues with the
    team on the part of TAFFA, during the visit, head of the delegates asked the
    following questions that need your answers as S5 student who are studying

    taxation. 

    Q1. What is Customs Duties?
    Q2. With research, explain the exemption of customs tax for products used

    in export processing zones

    4.2.1: Definition of customs duties and the person who can import or export

    1. Definition of customs duties

    Customs duties are defined as all taxes, duties, levies and fees that are required
    to be paid to Revenue Authority like Rwanda Revenue Authority (RRA) in
    Rwanda on imported or exported goods.

    Customs duties ensure that local and foreign business can compete fairly, by
    ensuring a level playing field (VAT and Excise Duty), encouraging intra-regional
    trade (Import Duty), ensuring compliance of Income Tax (WHT 5%), funding
    beneficial projects (IDL, SRL and AUL) and supporting domestic manufacturing
    industries (Export Duty on Raw Hides and Skins).
    2. Meaning of importation and exportation and the person who can
    import or export
    a) Meaning of importing and exporting
    Importing is when goods are brought into Rwanda from an external
    country.
    Exporting is when goods are taken from Rwanda into an external
    country.

    b) The person who can import or export

    Any taxpayer may import or export goods. No additional registration is required,
    but individuals or businesses without Taxpayer Identification Number (TIN)
    must register with RDB or RRA as normal.
    The majority of importing and exporting procedures are carried out by licensed

    companies called Clearing Agents on behalf of the taxpayers

    4.2.2: Types of Customs duties

    1. Taxes paid on imports that are also paid on domestic goods
    • Value Added Tax (VAT)
    • Excise Duty
    2. Taxes that are specifically paid on imports
    Import Duty
    • Withholding Tax of 5% (WHT 5%)
    • Infrastructure Development Levy (IDL)
    • Strategic Reserves Levy (SRL) 
    • African Union Levy (AUL).
    3. Taxes that are specifically paid on exports
    Export Duty on Raw Hides and Skins
    4. Small fees on imports and exports
    Computer Processing Fee

    • Quality Inspection Fee (QIF)

    4.2.3: Valuation of imported and exported goods
    Imports are valued as Cost, Insurance and Freight (CIF). This is equal to the cost
    of the goods, the cost of any insurance paid on the goods and the freight costs
    of transporting the goods transport the consignment to the first point of entry
    of the EAC. Exports are valued as Free On board (FOB). This is equal to the cost
    of the goods only. Whether using the CIF or FOB valuation, the declared value
    must be supported by commercial invoices, as well as insurance and freight

    invoices where applicable.

    If goods have been purchased in a foreign currency, declare the value in the
    currency of the invoice. Rwanda electronic Single Window (ReSW) system then
    uses the National Bank of Rwanda (BNR) exchange rate to convert this into
    Rwandan francs.

    Example

    Rukundo is importing a consignment of mobile phones from Japan. The cost
    of the mobile phones was USD 30,000 (thirty thousand US dollars). He paid an
    additional USD 400 (four hundred US dollars) to transport the consignment to
    the first point of entry of the EAC, in this case, the port of Mombasa in Kenya.
    He also paid USD 150 to insure the goods during transportation to the port
    of Mombasa. On the day of declaration, the exchange rate is USD 1: FRW 850.
    Therefore, the CIF value of his import declaration is:
    CIF = (USD 30,000 + USD 400 + USD 150) * 850 = FRW 25,967,500.
    4.2.4: The documents required when importing or exporting
    The importing or exporting taxpayer must provide the Clearing Agent with

    valid documents proving the value and authenticity of their consignment.

    A. The mandatory documents that taxpayers importing goods originating
    from within the EAC must provide are:

    1. Commercial Invoice or equivalent document
     Showing the value and description of all goods within the consignment.
    2. Packing List
    Lists the goods being transported within the consignment.
    B. There are two additional mandatory documents that taxpayers
    importing goods originating from outside the EAC must provide to RRA:

    1. Freight Invoice

    Showing the cost of transport and insurance for the consignment, if not included

    in the commercial invoice.

    2. Bill of Lading / Airway Bill

    A contract between the owner of the ship / plane transporting the consignment

     and the importing taxpayer.

    C. The only mandatory document that taxpayers exporting goods must
    provide to RRA:
    Commercial Invoice or equivalent document showing the value and description

    of all goods within the consignment.

    Additional documents that taxpayers may be required to provide when
    importing or exporting depend upon the type of goods and their origin. Clearing
    Agents are trained to inform taxpayers which documents are necessary for
    their consignment. Without the required documents, Customs Officials will
    not permit the goods to be imported or exported. Examples of goods that may
    require additional documents include:
    – Goods produced within the EAC or COMESA
    – Agricultural goods and inputs including food
    – Chemicals and cosmetics
    – Medical equipment and pharmaceuticals

    – Worn clothes

    The documents required to prove that goods being imported were
    produced in the EAC or COMESA?
    Imported goods that are produced within the EAC or COMESA can be subject to
    exemptions. In addition, imported goods that are produced within the EAC only
    are granted automatic access to the pre-clearance facility
    These benefits require a Certificate of Origin delivered by the exporting country.
    The EAC Rules of Origin document explains the criteria that goods should meet
    to be considered as originating from EAC partner states.

    Other important points:

    a) The way Rwandan exporters certify that goods being exported
    were produced in Rwanda
    Rwandan exporters can apply for a Certificate of Origin through their Clearing
    Agent. The Clearing Agent applies on the Rwanda electronic Single Window
    ReSW) and provides the required evidence at any Border Post or Dry Port.
    There are different fees and requirements depending upon the country to
    which the goods are exported. There is also a Simplified Certificate of Origin
    available for smaller value consignments
    There are many incentives that Rwandan exporters can benefit from, depending
    on the country being exported to. This includes EAC, COMESA, the European

    Union (EU) and the United States of America (USA).

    ion (EU) and the United States of America (USA).

    b) The different Customs channels
    After import or export declarations have been submitted and paid, the Rwanda
    electronic Single Window (ReSW) system assigns the consignment to a Customs
    channel. The Customs channel refers to the level of verification from Customs
    Officers required for that consignment.
    c) Harmonized System (HS) Codes
    Harmonized System (HS) Codes is an internationally standardized to classify
    traded products. The taxpayer provides a description of the type of goods to
    the Clearing Agent, who is trained to select the correct HS Code. Selecting the
    correct HS Code is important for ensuring the correct amount of tax is declared

    and paid.

    Application activity 1.2

    Q1. State the types of Customs Duties
    Q2. What is the Rwanda electronic Single Window (ReSW)?
    Q3. Briefly explain why the government imposes tax on importation?
    Q4. XYZ enterprise is a business that offers customers a wide variety
    of products at inexpensive prices. Customers can buy from the shop on
    the online website. Owner, KAMANZI, employs more than 2000 people.
    The business had humble beginnings, but today it sells fruits, flowers,
    vegetables and meat to both the local market and abroad.
    a) Does XYZ enterprise sell to the local market or regional market?
    Explain your answer.
    b) List the advantages of selling products to the local market
    c) Which challenges do you think that KAMANZI needs to overcome
    to sell fresh flowers to other countries?
    4.3: The taxes that are specifically paid on imports
    Learning Activity 4.3



    Analyze the photos above and answer the question that follow:
     Q1. With research, give the different Import Duty rates or Common External
     Tariff (CET) rates allow for certain types of goods to be prioritized.

    4.3.1: Import duty

    1. Meaning of import duty

    Import Duty is a tax paid specifically on imported goods originating from
    outside of the EAC.

    The EAC Customs Union ensures a zero (0%) rate of import duty on all imports
    on goods originating from within the EAC

    The EAC customs union means that the rates of import duty are agreed in the
    common external tariff (CET).

    The different import duty rates also allow for certain types of goods to be
    prioritized. In general, CET rates are:
    – Capital goods and raw materials = 0%
    – Intermediate goods = 10%
    – Finished goods = 25%
    – Sensitive Goods = Varying rate
    The amount of import duty to be paid is calculated as follow:
    Import Duty = CIF * import duty rate
    • Handling fees (HF)
    Handling Fees are not actually paid, but are included in VAT and excise duty
    calculations. HF is calculated by: Handling fees (HF) = Gross weight (kg) * FRW
    10
    Gross weight (kg) refers to the weight of the goods in the consignment in

    kilograms, including the weight of the containers or transporting equipment.

    4.3.2: Withholding tax of 5% and infrastructure development levy

    1. Withholding Tax of 5%

    WHT 5% is a tax paid specifically on imported goods.
    WHT 5% is paid by all taxpayers except for taxpayers with a valid Quitus Fiscal

    certificate

    Quitus Fiscal is a privileged status available, upon request to taxpayers who
    have a good compliance record with RRA. Quitus Fiscal certificates are proof of

    this status. There are two types of Quitus Fiscal, for withholding tax on public 

    tenders of 3% (WHT 3%) and for withholding tax on imports of 5% (WHT 5%).
    Taxpayers with Quitus Fiscal certificates are not required to pay WHT 5%, or
    have WHT 3% withheld and paid on their behalf, depending upon the type of

    Quitus Fiscal certificate.

    2. Infrastructure development levy
    Infrastructure development levy (IDL) is a tax paid specifically on imported
    goods from outside of the EAC.

    IDL contributes to regional trade facilitation infrastructure projects. IDL is paid
    on all imported goods, with the exception of those detailed in Article 5 of Law
    N°34/2015 of 30/06/2015, including:
    – Goods originating from within the EAC
    – Reproductive animals and plants
    – Pharmaceuticals
    – Veterinary products
    – Medical equipment
    – Industrial machinery
    – Solar energy equipment
    – Duty remission products
    – The IDL to be paid on imported goods is calculated by: Infrastructure
    development levy (IDL) = CIF * 1.5%
    4.3.3: Strategic reserves levy and African union levy
    1. Strategic reserves levy

    SRL is a tax paid specifically on imported fuel and petroleum products.SRL
    funds the purchase and safe maintenance of greater reserves of fuel. The SRL
    is paid at a specific rate per litre of fuel, calculated by: Strategic reserves levy
    (SRL) = FRW 32.73 per litre of fuel

    2. African union levy (AUL)

    AUL is a tax paid specifically on imported goods. AUL contributes to the financing
    of African Union activities.The AUL paid on imported goods is calculated as
    follow: African union levy (AUL) = CIF * 0.2%
    4.3.4: Motor vehicle registration fees (MVF) and Road Toll
    1. Motor vehicle registration fees (MVF)
    MVF are paid specifically on imported motor vehicles. MVF must be paid
    regardless of the type of vehicle or the exemptions available to the importing
    taxpayer.

    MVF vary depending upon the engine capacity of the vehicle as measured in
    cubic centimeters (cc):

    Engine Capacity (cc)


    The special engine category includes semi-trailers, construction vehicles and

    other very heavy vehicles.

    2. Road toll

    Road toll is a fee paid specifically on foreign registered trucks entering Rwanda.
    Road toll contributes to the road maintenance fund (RMF) in Rwanda.

    It is important to note that the road toll is paid per truck entering Rwanda, not
    per declaration. Therefore, this is paid separately to other customs duties.

    The road toll has two different rates, depending on the size of the trucks. The
    road toll must be paid by trucks every time they enter Rwanda. The rate of road
    toll is:
    – $76 USD for simple trucks

    – $152 USD for heavy commercial trucks

    4.3.5: Fuel levy and export duty on raw hides and skins
    1. Fuel levy

    Fuel levy is a tax paid specifically on imported fuel and petroleum products.
    Fuel levy contributes to the road maintenance fund (RMF) in Rwanda. The fuel
    levy is paid at a specific rate per litre of fuel.
    The Fuel Levy to be paid on imported fuel is calculated by:
    Fuel Levy = FRW 115 per litre of fuel
    As with the Fuel Levy, Road Toll is referred to as ‘FER’ in import declarations
    and assessment notices
    2. Export duty on raw hides and skins
    Export duty on raw hides and skins is paid on all exports of unprocessed hides
    and skins to outside of the EAC. The rate of export duty on raw hides and skins
    is either:
    – 80% of FOB, or $0.52 per Kg, whichever is higher. In export declarations
    and assessment notices, Export Duty on raw hides and skins is referred

    to as code ‘EX1’.

    4.3.6: Computer Processing Fee, Quality inspection fees (QIF)
    and warehousing fees

    1. Computer processing fee
    The computer processing fee is a fee paid for every import or export declaration
    that is submitted.
    The computer processing fee is:
    – FRW 3,000 per regular declaration
    – FRW 500 per simplified declaration
    2. Quality inspection fees (QIF)
    Quality inspection fees (QIF) are fees paid on specific imported products.
    Rwanda Standards Board (RSB) is the institution which both designates which
    products are required to be inspected and carries out the inspections.
    RRA collects QIF on behalf of RSB. The QIF to be paid on imported goods is
    calculated by:
    Quality Inspection Fees (QIF) = FOB * 0.2%
     In import declarations and assessment notices, QIF are referred to under code
    ‘QIF’
    3. Warehousing fees
    Warehousing fees are paid when storing consignments in warehouses. It is
    important to note that these are paid directly to the warehouses and not to
    RRA. Rates may vary according to the warehouse, the size and weight of the

    consignment and how long it has been stored for.

    Application activity 4.3

    Q1. Rukundo is importing a consignment of mobile phones from Japan. The
    cost of the mobile phones was USD 30,000 (thirty thousand US dollars).
    He paid an additional USD 400 (four hundred US dollars) to transport the
    consignment to the first point of entry of the EAC, in this case, the port
    of Mombasa in Kenya. He also paid USD 150 to insure the goods during
    transportation to the port of Mombasa. On the day of declaration, the
    exchange rate is USD 1: 850 FRW. Find the CIF value of his import declared

    Q2. Mugisha bought different products from England valued 6,000
    pounds. He pays transport cost of 1000 pounds up to MOMBASSA port
    and assurance of 300 pounds. He also paid 25% of import duty. If these
    goods weight 500kg, determine the amount of VAT that RRA will tax Mr.
    Mugisha at the entrance border of RUSUMO. (The exchange rate is 1 Pound

    = FRW1400)

    4.4: The excise duty (consumption tax)

    Learning Activity 4.4



    The Government of Rwanda has implemented some tobacco control
    measures, including regulations to protect passive smokers from exposure to
    second-hand smoke; use of warning label on every cigarette pack’’ Smoking
    is harmful to your health’ “that is intended to reduce smoking and provide
    information about the danger of smoking. Additionally, banning tobacco
    advertising in electronic media in order to discourage smocking especially
    among the youth; establishment of no-smoking areas in public places like
    government and business offices, hospitals, restaurants and buses but
    these efforts too have been slow in reducing smoking consumption.

    In July 2015, government changed the tax policy for the Excise on Tobacco
    where the policy change was expected to maximize revenue collections
    and minimize tobacco consumption in Rwanda.

    Excise taxes should be designed according to those costs or risks as a way
    to account for the negative externality. Thus, a good excise tax accounts not
    for the value of a product, but for the costs of the externality. For alcohol
    products, this means that the alcohol content determines the tax. This,
    fortunately, is common practice across the Organization for Economic Cooperation
     and Development (OECD an excise tax aimed at reducing vehicle

    emissions should be targeted at heavier pollutants a practice which is not
    common for taxation of motor fuel. This principle is well-established in
    some countries where cigarettes are taxed at higher rates while other less
    harmful products are taxed at lower rates. Some governments, however,
    tax all tobacco products at equal rates despite their different harm profiles.
    Suppose that YXZ Ltd produce and sell wine from the local input and as
    Taxation student, answer the following question;
    a) Which type of tax YXZ should pay?
    b) Give the rate of excise duty for this product

    4.4.1: Definition of excise duty and the person required to register for excise duty

    1. Definition of excise duty
    Excise duty is a tax applied to specific products. This means that it is able to
    discourage consumption with negative social impacts. This can reduce the
    costs of healthcare and policing, whilst raising significant revenues for further
    government spending. As excise duties are charged on the consumption of
    certain products, it is also referred to as a ‘consumption tax’.

    2. The person required to register for excise duty

    Any manufacturer of a product that is subject to Excise Duty is required to
    declare and pay Excise Duty. There is no threshold on company size for Excise
    Duty. A taxpayer who manufactures taxable products must declare and pay

    Excise Duty regardless of the size of the business.

    4.4.2: The obligations of excise registered taxpayers and valuation methods of excise duty
    1. The obligations of excise registered taxpayers
    The obligations of excise duty registered taxpayers are detailed in Section 2 of
    Law N° 26/2006 of 27/05/2006. Excise duty registered taxpayers must:
    •  Submit an excise duty declaration and pay tax due within 5 days after the end of the tax period
    Keep a register of inventory of the taxable products manufactured.
    The inventory register shall indicate the quantity exported, sold for
    domestic consumption, and destroyed, discarded or burnt, so that
    at any time, the quantities within the factory can be established and
    verified.
    Keep a register of the sales of all taxable products manufactured.
    The sales register shall indicate the price and quantity sold to every
    customer as well as the customer’s name and address.
    . Keep a register of raw materials to be used in manufacturing of taxable

    products.

    Keep a register of the activities of the manufacturer. The activities
    register shall indicate the date and time of starting and ending work,
    the type names and the nature of the equipment used, the type and
    quantity of the raw materials used and the batch number of production,
    the quantity of the goods produced.
    . Notify RRA of any changes to business premises.
    • Notify RRA, within ten (10) days, of any interruption to manufacturing
    activities

    • Attach appropriate products with a tax stamp

    2. Valuation methods of excise duty
    The rates of excise duties can be charged on a ‘specific’, ‘ad valorem’ or ‘mixed’

    basis.

    A specific excise duty charges a certain amount of tax per unit of the product.
    For example, Excise Duty is charged on premium oil in Rwanda at a rate of FRW
    183 per litre

    An ad valorem excise duty charges a percentage of the taxable value of the
    product. For example, excise duty is charged on beer in Rwanda at 60% of the
    taxable value.

    A mixed excise duty charges both a certain amount of tax per unit and as a
    percentage of the taxable value of the product. For example, excise duty is
    charged on cigarettes in Rwanda at a rate of 36% of the retail price in addition

    to FRW 130 per pack of 20 individual cigarettes.

    4.4.3: Identify the taxable products, rates of excise duty and

    Compute Excise duty

    1. Identify the taxable products, rates of excise duty

    The tax rates for Excise Duty vary depending upon the product. 

    The taxable products and tax rates are:



    The taxable base for ad valorem excise duty on locally manufactured products
    is calculated according to the selling price, excluding all other taxes.

    Note: The rates of excise duty are the same for both domestic and imported
    products.

    2. Compute Excise duty

    The excise duty to be paid on a specific basis is calculated by an amount of tax
    per unit of the product. The excise duty to be paid on an ad valorem basis is
    calculated by:

    Excise duty = (CIF + Import Duty + HF) * Excise Rate

    In import declarations and assessment notices, excise duty is referred to under

    code ‘E’, for example ‘E01’.

    Example:
     1. Ubumwe produces cigarettes. In one tax period he manufactures and
    sells 400 packs (of 20 cigarettes) for a pre-tax selling price of FRW 300
    each
    Required:
    a) Total taxable sales during that tax period
    b) Excise Duty
    Solution
    a) Total taxable sales during that tax period = 400 packs * FRW300 =FRW
    120,000
    b) Ubumwe must pay mixed Excise Duty of: (FRW 120,000 * 36%) + (400

    * FRW 130) = FRW 95,200.

    2. Lucie produces banana wine using ingredients sourced in Rwanda.
    In
    one tax period she manufactures and sells 200 bottles for a pre-tax
    selling price of FRW 850
    Required:
    a) Total taxable sales during that tax period
    b) Excise Duty
    Solution
    a) Total taxable sales during that tax period = 200 bottles * FRW 850=FRW
    170,000
    b) Lucie must pay ad valorem Excise Duty of: FRW 170,000 * 30% = FRW

    51,000

    4.4.4: The exemptions for excise duty
    The following goods are exempt from Excise Duty
    – Goods for charitable organizations
    – Vehicles assembled in Rwanda
    – One personal vehicles of a returning Rwandan diplomat
    – One vehicle of a Rwandan refugee returning from a foreign country as
    which the individual has personally owned and used for at least twelve
    months
    – Vehicles intended for the purpose of passenger (more than 14 people),
    goods transport, tourist transit, and those designed for the transport
    of disabled people
    – Products which are specifically manufactured for export
    – Products which are sold to duty free shops
    Note: Should Excise Duty be paid on exports?
    Taxable products are exempt from Excise Duty if they are exported outside
    Rwanda. However, proof is required that the products were actually exported.

    In terms of the declaration, exports are included in the ‘Tax Due’ calculation but
    then refunded in the ‘Tax Payable’ calculation. This is an implied refund, on the
    presumption that proof of export will be provided.
    4.4.5: The deadline to declare and pay excise duty
    1. The deadline to declare excise duty
    For the purposes of Excise Duty declaration, each month is divided into three
    tax periods:
    – Tax Period 1 – From 1st to 10th of each month
    – Tax Period 2 – From 11th to 20th of each month
    – Tax Period 3 – From 21st to the end of each month
    Excise Duty must be declared and paid within five days of the end of each tax
    period. This means it must be declared and paid by the 15th, 25th of that month

    and 5th of the following month.

    For example, declarations concerning the tax period between March 1st and
    March 10th must be declared to RRA and paid by March 15th. Then declarations
    concerning the tax period between March 11th and March 20th must be declared
    to RRA and paid by March 25th. Then declarations concerning the tax period
    between March 21st and March 31st must be declared to RRA and paid by April
    5th and so on throughout the year.
    4.4.6: Excise duty penalties and fines
    The penalties and fines for Excise Duty are similar to other domestic taxes,
    This includes penalties and fines for:
    • Late declaration
    • Late payment
    • Declaring less than the correct tax due
    Excise Duty has an additional set of penalties and fines, which are applied for
    violations to the law concerning tax stamps.

    Note: Meaning of tax stamps

    A tax stamp is a sign affixed on a product subject to Excise Duty to show retailers
    and consumers that tax has been paid. The products requiring tax stamps are
    cigarettes (each pack of 20 cigarettes), wines and liquors (each bottle). Tax
    stamps can be purchased (at cost price) from RRA.

    ps can be purchased (at cost price) from RRA.

    • The penalties for failing to keep a tax stamp register
    A domestic producer or importer who does not keep:
    – Stamp registers, records or related documents
    – Stamp reconciliation statements
    Is subject to an administrative fine between one million Rwandan francs (FRW
    1,000,000) and two million Rwandan francs (FRW 2,000,000).
    Things for domestic producer or importer of products who
    applying incorrectly tax stamps

    – Does not affix tax stamps to appropriate products
    – Does not affix tax stamps incorrectly
    – Affixes tax stamps to products in a manner contrary to rules set
    forth by the Authority
    – Defaces tax stamps
    – Submits an incorrect or incomplete tax stamp reconciliation
    statement
    – Applies tax stamps to products for which they are not intended
    – Sells products which are subject to excise duty without tax stamps
    Is, upon conviction, subject to a fine of between one million Rwandan francs
    (FRW 1,000,000) and two million Rwandan francs (FRW 2,000,000) or to
    imprisonment for a term of six (6) months to one (1) year.
    Application activity 4.
    Q1. Amahoro produces natural fruit juice. In one tax period she
    manufactures and sells 10,000 small bottles for a pre-tax selling price
    of FRW 400 each for a total taxable sale during that tax period of FRW
    4,000,000.
    Which amount Amahoro must pay ad valorem excise duty?
    Q2. Outline the valuation methods of excise duty
    Q3. Mr. Mugisha bought different products from England valued 6,000
    pounds. He pays transport cost of 1000 pounds up to MOMBASSA port and
    assurance of 300 pounds. He also paid 25% of import duty. If these goods
    weight 500kg, determine the amount of VAT that RRA will tax Mr. Mugisha

    at the entrance border of RUSUMO. (Exchange rate 1POUND = FRW1400)

    Skills Lab Activity 4

    Through internet or after visit to RRA for customs officer, students are
    required to compute customs duties and excise duty (consumption tax)

    for imported liquor from France.

    End of unit assessment 4

    Q1. Define the following
    a) Rules of origin
    b) Certificate of origin
    c) Country of origin
    d) Risk management
    e) Customs offence
    f) Import duties
    Q2. Mary imported wines from France and the CIF to Mombasa was 50,000
    USD. The exchange rate was 1USD = FRW880
    Required: Compute the excise tax; assume the import duty of 25%
    Q3. Sportsman limited produced 2,000,000 packets of cigarette. The factory
    price is 700 and the retail price is 1000 per packet. Compute the excise tax.
    Q4. List at least three example of certificate of origin
    Q5. Identify the six categories of economic integration
    Q6. How do you relate customs union from common market?
    Q7. Discuss reasons why rules of origin are needed
    Q8.
    a) List six different types of duties and fees with their corresponding
    rates collected by RRA’s Customs Service Department on
    importation of goods?
    b) Provide a computation of import taxes assuming value of goods
    imported (i.e. Cost Insurance and Freight) is equivalent to FRW
    100,000. Assuming also a 25% import duty, 5% consumption tax,
    18% VAT, 5% Withholding Tax, 1.5% Infrastructure Development
    Levy, 0.2% Quality Inspection Fees and Africa Union Levy are
    applicable on the imported goods.
    c) Explain the features of the East African Customs Union.
    d) Define rule of origin and explain the nature of goods that are
    accepted under the rule of origin.


    


















    
    

    











    UNIT 3:TAXES AND FEES OF 3 DECENTRALIZED ENTITIESUNIT 5: VALUE ADDED TAX (VAT)