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TAXATION HANDBOOK a Guide to Taxation in Uganda SECOND EDITION

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TAXATION HANDBOOK a Guide to Taxation in Uganda SECOND EDITION TAXATION HANDBOOK A Guide to Taxation in Uganda SECOND EDITION TAXATION HANDBOOK A Guide toTaxation in Uganda A Publication of Uganda Revenue Authority © Uganda Revenue Authority 2015 First published 2011 All rights reserved. No part of this publication may be reprinted or reproduced or utilised in any form or by any means, electronic, mechanical or other means now known or hereafter invented, including copying and recording, or in any information storage or retrieval system, without permission in writing from Uganda Revenue Authority. Layout, design: New Vision Printing and Publishing Co. ISBN 978-9970-02-977-8 DISCLAIMER This Information is strictly for purposes of guidance to our clientele and should not at any one time be used in place of the substantive law; and is subject to change on amendment of Tax legislation and any other regulations governing Tax administration. ii URAToll-free Help line 0800-117000 Contents Foreword...........................................................................................vii Part A Background to Taxation...............................1 1 Introduction to Taxation...................................................3 2 History of Taxation Handbook........................................4 3 The Legality of Taxes Collected by the Central Government.........................................................................6 4 Principles of Taxation........................................................7 5 Characteristics of Taxes....................................................9 6 Classification of Tax.........................................................10 7 Role of Taxation................................................................11 8 Structure of the Ugandan Tax System.........................12 9 Brief on E-Tax.....................................................................13 Part B Income Tax.................................................17 1 Introduction.......................................................................19 2 Definition of Key Terms...................................................19 3 Scope...................................................................................21 4 Sources of Income............................................................21 5 Exempt Income...........................................................................37 Contents iii 6 Determination of Tax liability.......................................37 7 Persons assessable to Tax...............................................39 8 Income Tax Registration.................................................50 9 Returns of Income............................................................51 10 Income Tax Clearance Certificate...............................57 11 Assessments...........................................................................58 12 Objections and Appeals under Income Tax.............59 13 Withholding Tax System...............................................61 Part C Value Added Tax (VAT)..............................67 1 Background.......................................................................69 2 Definition of Key Terms...................................................69 3 Scope of VAT.......................................................................71 4 VAT Registration...............................................................71 5 Supply of Goods and Services.......................................79 6 Calculation of VAT............................................................83 7 Tax Invoice..........................................................................90 8 VAT Return and Payment of Tax....................................91 9 VAT Assessments...............................................................93 10 Objections and Appeals................................................94 iv URAToll-free Help line 0800-117000 1 11 VAT Refund....................................................................95 12 Administrative Isssues.....................................................97 Part D Local Excise Duty.......................................99 1 Local Excise Duty............................................................101 2 Taxable Value..................................................................101 3 Tax Point...........................................................................102 4 Licensing..........................................................................102 5 Remission (waiver) of Excise Duty..............................102 6 Returns and Payment...................................................103 7 Tax Computation/Tax Rates.........................................103 Part E Non-Tax Revenue (NTR)...........................109 1 Non-Tax Revenue (NTR)................................................111 2 Stamp Duty......................................................................111 Part F Customs....................................................123 1 Clearence of passenger baggage...............................125 2 Customs procedures......................................................126 3 Appeals.............................................................................133 Contents v Part G Special Features of the Taxes Administered by the URA...............................................................135 1 Payment of Tax...............................................................137 2 Regulations.....................................................................137 3 Rulings..............................................................................138 4 Remission of Tax.............................................................139 5 Double Taxation Treaties.............................................139 6 Taxpayers’ Charter........................................................139 vi URAToll-free Help line 0800-117000 Foreword I am glad to introduce to you the Second Edition of The Taxation Handbook, ‘A Guide to Taxation in Uganda’. The First Edition was developed to guide our stakeholders in in complying with tax laws and procedures for Central Government taxes. This Handbook, has been revised to simplify the laws which govern taxation, provide information and serve as reference material to our stakeholders This Edition comes in handy following several amendments in the Tax laws that are geared at widening the tax base. It is therefore important that you get equipped with this ‘bank of tax knowledge’ which will offer answers to the numerous questions on taxation that have always been raised by the general public. The Handbook clearly outlines the structure of Uganda’s tax system, the different taxes paid,the taxpayer’s obligations and the different ways in which the aggrieved taxpayers may seek redress. We hope this handbook, helps you to further understand taxation in Uganda. Foreword vii On behalf of the Uganda Revenue Authority, we would like to express our sincere gratitude to individuals, organizations and institutions that played a key role in producing this Handbook. Developing Uganda together, Doris Akol Commissioner General – Uganda Revenue Authority viii URAToll-free Help line 0800-117000 Part A Background to Taxation Background to Taxation Part A - Background to Taxation 1 Background to Taxation 1 Introduction to Taxation The evolution of taxation is attributed to the development of the modern state, which led to increased expenditure for infrastructure and public services. 1.1 Origin of Taxation Tax is the price we pay for civilization, which goes hand in hand with organized society. For society to be organized, it needs a well-financed administrative structure. Therefore, taxation in its different forms has existed as long as society had the minimum elements of government. Tax is defined as a monetary charge imposed by the government on persons, entities, transactions or property to yield public revenue. Where payment is not monetary, a more wide embracing definition has been adopted as: Taxes are the enforced proportional contributions from persons and property levied by the State by virtue of its sovereignty for the support of government and for all public needs (Thomas. M. Cooley: The Law of Taxation). One of the main characteristics of a tax is that the payer does not demand something equivalent in return from the government for the payment. It is expected that when taxes are collected, they are used by government for public good and not just for those who make the payment. Part A - Background to Taxation 3 2 History of Taxation in East Africa Taxation as understood today was introduced in East Africa by the early British colonial administrators through the system of compulsory public works such as road construction, building of administrative headquarters and schools, as well as forest clearance and other similar works. The first formal tax, the hut tax, was introduced in 1900. This is when the first common tariff arrangements were established between Kenya and Uganda. Through this, Ugandans started paying customs duty as an indirect tax, which involved imposition of an ad valorem import duty at a rate of 5% on all goods entering East Africa, through the port of Mombasa and destined for Uganda. A similar arrangement was subsequently made with German East Africa (Tanganyika) for goods destined for Uganda that entered East Africa through Dar-es- Salaam and Tanga ports. This gave rise to revenue which was remitted to Uganda. The Protectorate government heavily relied on customs duties to fund its programs, yet the indigenous Africans were
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