Zambia’s VAT on Cross-Border Digital Services: What You Need to Know

The digital economy knows no borders, and as African nations increasingly embrace digital transformation, their tax regimes are evolving to keep pace. Zambia joined this movement, implementing specific Value Added Tax (VAT) regulations for the cross-border supply of digital services. These new rules significantly reshape compliance obligations for non-resident digital service providers and have implications for Zambian businesses and consumers alike.

For businesses operating in or looking to expand into the Zambian market, understanding these changes is not just about compliance; it's about strategic planning and avoiding unforeseen tax liabilities.

The Regulatory Framework

Zambia's approach to taxing cross-border electronic services is anchored in the existing Value Added Tax Act, 1995, but crucially augmented by the Value Added Tax (Cross Border Electronic Services) Regulations, 2024. These regulations provide the granular detail necessary for implementation, marking a clear shift towards directly taxing digital services at the point of consumption within Zambia. The regulations, administered by the Zambia Revenue Authority (ZRA), took effect on 1 April 2024.

What Exactly are "Electronic Services" in Zambia?

The Zambian tax authorities have adopted a broad definition for "electronic services," encompassing any service provided or delivered on or through the internet, electronic or digital network. This wide net catches a diverse range of offerings, including but not limited to:

• Streaming services: Films, TV shows, music, games, live sporting events.

• Software and digital content: Licensing of software, downloadable digital content (e.g., e-books, mobile applications, films, music), software updates, and cloud-based solutions (SaaS).

• E-learning: Online courses, webinars, and educational platforms.

• Website and hosting services: Web hosting, remote maintenance, and online presence services.

• Online advertising: Services that facilitate digital advertising.

• Online gaming and gambling: Services provided via electronic networks.

• Database and data monetization services.

A "cross-border electronic service" specifically refers to these electronic services supplied in Zambia by a supplier who is resident or carries on business outside the Republic.

Who Is Affected? The Scope of Application

These regulations primarily target non-resident suppliers who provide electronic services to customers located in Zambia. This applies to both:

• Business-to-Consumer (B2C) transactions: Where the non-resident supplier sells directly to individual consumers in Zambia.

• Business-to-Business (B2B) transactions: Where the non-resident supplier sells to Zambian businesses.

Unlike some jurisdictions where a reverse-charge mechanism solely shifts the VAT burden to the B2B recipient, Zambia's new simplified regime for cross-border electronic services largely places the responsibility on the non-resident supplier to register and account for the VAT on all taxable supplies to Zambian customers once a certain threshold is met.

Determining Location of the Customer

To establish the customer’s location, suppliers should rely on consistent, verifiable indicators such as the billing address, user account details, IP address, and the country associated with the payment method (e.g., credit card issuer). These factors help demonstrate whether a supply is being consumed in Zambia.

Key Compliance Obligations for Non-Resident Providers

Navigating Zambia's digital VAT landscape requires adherence to several key obligations:

1. VAT Rate: A standard VAT rate of 16% applies to all taxable cross-border electronic services.

2. Registration Threshold: Non-resident providers are required to register for VAT if their taxable sales arising from Zambia exceed ZMW 800,000 per annum or ZMW 200,000 per quarter. Meeting either of these thresholds triggers the registration requirement.

3. Simplified Registration Regime: The ZRA introduced a streamlined online registration process specifically for non-resident suppliers of cross-border electronic services. This simplified regime is designed to ease the administrative burden for foreign entities.

4. Appointment of a Tax Agent: While the online simplified registration is available, non-resident suppliers unable to utilize it may be required to appoint a resident tax agent in Zambia. This agent will then be jointly and severally liable for any unsettled VAT.

5. Invoicing Requirements: Registered non-resident suppliers must issue simplified tax invoices. These invoices must be denominated in Zambian Kwacha, with currency conversions based on the ZRA-prescribed exchange rates determined by the Bank of Zambia.

6. Filing and Payment: VAT returns for cross-border electronic services must be submitted electronically to the ZRA on or before the 25th day of the month following the end of the accounting period (usually monthly). Payment of the VAT due must also be remitted by this deadline.

7. Input Tax: Generally, non-resident suppliers registered under this simplified regime cannot claim input tax incurred. However, a Zambian recipient of cross-border electronic services can claim input tax, provided they meet the standard requirements of the VAT Act.

8. Record Keeping: Non-resident providers are required to maintain records and accounts for a period of six years. These records can be kept outside Zambia but must be made available to the ZRA upon request.

Business Implications

Impact on Zambian businesses:

For local businesses procuring digital services from non-resident providers, the regulations represent a fundamental shift in how VAT is accounted for. Where a foreign supplier is registered under the newly introduced simplified VAT regime, they are now required to charge and remit VAT directly to the ZRA. This alleviates the administrative burden on local businesses, as they no longer need to self-assess and account for VAT under the reverse-charge mechanism previously applicable to imported services. Importantly, Zambian businesses will be able to claim input VAT on valid tax invoices issued by these non-resident suppliers, improving cash flow management and compliance certainty.

Impact on Zambian consumers:

For end consumers, the new rules mean that the standard 16% VAT will be directly incorporated into the price of digital services purchased from foreign providers. This measure is expected to create a level playing field between foreign and local service providers, eliminating the previous pricing advantage enjoyed by non-resident suppliers who were not required to charge VAT.

Impact on non-resident suppliers:

Non-resident suppliers of digital services will now face new tax registration, invoicing and reporting obligations in Zambia. Compliance with the simplified VAT regime will require suppliers to adapt their billing systems, update terms of service and ensure that VAT is correctly charged and remitted. While this may increase compliance costs, it also enhances their legitimacy in the Zambian market and reduces the risk of reputational or legal challenges associated with non-compliance.

Conclusion

Zambia's proactive stance in taxing the digital economy underscores a growing trend across Africa. For non-resident digital service providers, understanding and adhering to these regulations is paramount to ensure seamless operations and avoid penalties. This includes carefully determining the place of supply based on customer location evidence and ensuring robust internal systems are in place for accurate VAT calculation, invoicing and reporting.

The taxation of non-resident digital services is expected to improve revenue mobilisation without imposing undue compliance costs. At present, Zambia has opted for VAT as the primary mechanism for taxing digital services, aligning with global standards recommended by the OECD and ATAF. As digital consumption continues to rise, the effectiveness of the new regime will depend on continuous investment in enforcement tools and taxpayer education, especially for non-resident suppliers.