Capital gains tax
There is no separate capital gains tax legislation − this being regulated in the Income Tax Act (Chapter 52:01). Generally, gains arising from the disposal of property and marketable securities are taxable.
Proceeds on the disposal of certain capital assets such as allowance assets and mining assets, including shares in mining companies, are taxed as normal business income. Disposals of principal private residences, shares or debentures traded on the Botswana Stock Exchange or in an International Financial Services Centre (IFSC) company, etc. are exempt from tax − subject to certain conditions being met. In addition, the Act contains provisions permitting the transfer of capital assets in pursuance of restructures, mergers and between group companies to be effected at cost, provided certain conditions are met.
Capital losses may only be set off against capital gains in the year incurred and the immediately-succeeding year. Thereafter the loss is not available for set off.
Transfer pricing and thin capitalisation rules
Botswana has no transfer pricing rules. However, in terms of the domestic law, the Commissioner General has power to adjust the liability of the taxpayer where he is of the opinion that a transaction, scheme or operation has not been entered into or carried out by persons dealing at arm’s length and has the effect of avoiding, reducing or postponing tax liability.
There are no specific thin capitalisation rules except for mining and IFSC-accredited companies. Where the debt-to-equity ratio of a foreign controlled resident mining company exceeds 3:1, interest paid by the mining company on the excess debt is disallowed and treated as a dividend on which withholding tax is payable. In the case of an IFSC company, foreign debt interest allowable as deduction is restricted by formula.
Inheritances and donations
Inheritances and donations are subject to capital transfer tax on a sliding scale of 2% − 5% for both resident and non-resident individuals and at a flat rate of 12.5% for companies.
Transaction taxes
Value Added Tax (“VAT”) is payable under the Value Added Tax Act (Chapter 50:03) at the standard rate of 12% of the value of taxable goods and services supplied in or imported into Botswana. Certain specified supplies are exempt from tax. Exports and the supply of certain specified goods and services are zero-rated. The registration threshold is 12 months taxable turnover of BWP500 000.
Stamp and transfer duty
No stamp duties are levied in Botswana but transfer duty is levied on the transfer of immovable property under the Transfer Duty Act (Chapter 53:01) at a rate of 5% on property other than transfers of agricultural land to non-citizens. A rate of 30% applies to transfers of agricultural land to a non-citizen