Industrial Policy & Trade Monitor· 2667 actions· ✨ 89 recent

Zambia enacted the Income Tax (Amendment) (No. 2) Act No. 17 of 2025, assented to 23 December 2025 and effective 1 January 2026, introducing two mining-specific fiscal provisions. First, interest deductibility is capped at 30% of tax EBITDA for all companies, with unrelieved interest carry-forwardable for up to five years (general) or ten years for entities in mining and electricity generation. Second, mining companies deriving at least 75% of gross income in foreign exchange from outside Zambia may maintain their books of accounts in US dollars, reducing FX translation risk for dollar-denominated operators. Both measures are structurally distinct from the concurrent Act No. 10 of 2025 (Minimum Alternative Tax and loss carry-forward cap).

The Income Tax (Amendment) Act, 2021 (Act No. 43 of 2021), assented 30 December 2021 and in force from 1 January 2022, re-introduces the deductibility of Mineral Royalty Tax (MRT) paid under the Mines and Minerals Development Act, 2015 when computing a mining company's taxable income for corporate income tax purposes. The Act removes mineral royalty from the list of non-deductible expenditures in section 44 of the Income Tax Act, reversing a non-deductibility rule that had applied since a 2015-era amendment and that mining companies and industry stakeholders had argued produced double taxation of the same revenue stream. Deductibility is conditional on the royalty having actually been paid for the charge year.

On 27 January 2018 the DRC National Assembly adopted Loi n° 18/001, comprehensively amending the foundational 2002 Mining Code (Loi n° 007/2002); President Joseph Kabila promulgated the law on 9 March 2018, published in the Journal Officiel special issue of 28 March 2018, with implementing Décret n° 18/024 (Règlement Minier) following on 8 June 2018. The Code introduces a 10% royalty on minerals designated "strategic" by the Council of Ministers — cobalt, coltan, lithium, and germanium confirmed — up from the 2% standard non-ferrous rate, and raises all standard mining royalties (non-ferrous 2→3.5%, precious metals 2.5→3.5%, precious stones 4→6%). The state's mandatory free-carry interest in new mining projects is doubled from 5% to 10% (Article 71), with a further 10% paid-carry option creating an effective 20% state-participation floor; contract-stability guarantees are simultaneously curtailed from 10 to 5 years (Article 276), explicitly invalidating pre-existing stabilisation clauses. As the foundational statute governing every DRC mining-rights grant, royalty-rate setting, and export-control delegation, the 2018 Code is the parent authority for ARECOMS (established 2019 under its strategic-minerals framework) and the legal basis for both the 2025 cobalt export-ban/quota regime and the 2025 artisanal-processing suspension — making it the mandatory upstream context for the entire filed DRC action cluster.