Taxation Handbook 2020 Edition
Taxation Handbook 2020 Edition
Taxation Handbook 2020 Edition
DB
HAN
2020 EDITION
TAXATION HANDBOOK
ISBN 978-9970-02-977-8
DISCLAIMER
PART A .................................................7
Background to Taxation..................................................10
1.0 Introduction to Taxation.....................................................10
2.0 History of Taxation in East Africa.....................................10
3.0 Legality of Taxes collected by
the Central Government …………………….…..........................11
4.0 Principles of Taxation..........................................................12
4.1 Equity/Fairness.....................................................................12
4.2 Convenience..........................................................................13
4.3 Certainty.................................................................................13
4.4 Economical............................................................................13
4.5 Simplicity...............................................................................14
4.6 Ability to Pay.........................................................................14
5.0 Characteristics of a good Tax System.............................14
5.1 Progressive Tax....................................................................14
5.2 Regressive Tax......................................................................14
5.3 Proportional Tax...................................................................14
6.0 Classification of Taxes.........................................................14
7.0 Role of Taxation....................................................................15
8.0 About Uganda Revenue Authority...................................16
8.15 Taxpayers’ Charter...............................................................24
8.15.1 Rights of the Taxpayer ………………………….........................25
8.15.2 Obligations of the Taxpayer..............................................26
9.0 Brief on E-Tax.......................................................................27
9.1 E – Registration....................................................................27
9.2 E – Filing................................................................................27
9.3 E – Payment..........................................................................28
10.0 Definition of Key Terms......................................................29
Table of contents
11.0 Scope of Tax Liability………………….....…………………………..30
12.0 Sources of Income………......…………………………………………30
12.1 Business Income………......…………………………………………….30
12.2 Employment Income………......……………………………………..32
12.3 Property Income.…......………………………………………………...36
12.4 Exempt Income………..………………………………………………....36
PART B..................................................................37
Domestic Taxes…………………………………………................38
1.0 Tax Registration…………………………………………...................39
2.0 Return filing…………………………………………..........................44
3.0 Assessments………………………………………….........................47
4.0 Objections and Appeals………………………………………….....48
5.0 Payment and recovery of Tax……………………………………..51
6.0 Determination of Tax liability……………………………………..53
7.0 Persons Assessable to tax.…………………………………………54
7.1 Taxation of Small Business Taxpayers…………………….…54
7.2 Individual Income Tax…………………………………………………57
7.3 Corporation Tax…………………………………………………………..59
7.4 Pay As You Earn…………………………………………………..……..60
7.5 Withholding Tax…………………………………….……………………62
7.6 Rental Tax………………………………………………………………..….65
7.7 Value Added Tax…………………………………………………………69
8.0 Income Tax Clearance Certificate (TCC)……………........79
9.0 Tax stamps…………………………………………............................80
10.0 Non-Tax Revenue (NTR)…………………………………………....80
PART C…………………………………………..................83
Customs…………………………………………............................84
1.0 Introduction…………………………………………..........................85
Table of contents
PART D...............................................................153
1.0 Special Features of the Taxes Administered
by the URA........................................................................155
1.1 Payment of Tax…………………………………………..................155
Table of contents
1.2 Regulations…………………………………………..........................155
1.3 Rulings…………………………………………..................................155
1.4 Remission of tax………………………………………………………...156
1.5 Double Taxation Treaties ………………………………………….156
Foreward
Fellow Citizens
This handbook is one of the many ways we are equipping you with
all information related to tax, in a simplified manner to enable you be
complaint as you grow your businesses.
It is from a healthy business environment that we collect taxes for the
development of our country – which is a win-win for all of us.
In here you will find the overall summary of the structure of Uganda’s
tax system from tax policy issues, international trade and customs and
domestic taxes, recent tax amendments, examples from the small business
taxpayers, employment, and multinational operations that answer all of
the frequently asked tax challenges. The handbook also equips you with
a step-by-step taxpayer rights and obligations – all aimed at aiding you
to be tax alert and look at tax as part of a legitimate business expense
and not as a burden.
Compulsory
Public Works
Graduated
Tax
Income Tax
and Customs
Duty
Uganda
Revenue
Authority
(1991)
Tax is the price we pay for civilization, which goes hand in hand with an
organized society. For a 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.
One of the main characteristics of a tax is that the payer does not demand
something in return equivalent to the payment made to government. Taxes
are collected and used by government for a public good and not just for
those who make the payment.
2.0
2.0 | History
History ofof Taxation
Taxation inAfrica
in East East Africa
Taxation 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.
The administration of both income tax and customs duty was done by de-
partments of the East African Community (EAC) until its collapse. Under the
EAC dispensation, there were regional taxing statutes and uniform adminis-
tration but the national governments (or partner states, as they were called)
retained the right to define tax rates.
After the collapse of the EAC, the tax departments were transferred to Min-
istry of Finance with the transfer of the Income Tax Department in 1974;
followed by the Customs Department in 1977. In 1991, the function of admin-
istering Central government taxes was shifted from the Ministry of Finance
to the Uganda Revenue Authority, a corporate body established by an Act
of Parliament.
The EAC was re-established in 1999 by Tanzania, Kenya and Uganda. Rwanda
and Burundi joined the EAC in 2007. The EAC in December 2004 enacted
the East African Community Customs Management Act 2004 (EAC-CMA).
This Act governs the administration of the EA Customs union, including the
legal, administrative issues and operations.
3.0
3.0 | The Legality
The Legalityof
ofTaxes collectedbybythe
Taxes collected the Central
Central Government
Government
Article 152 (1) of the Uganda Constitution provides that “No tax shall be
imposed except under the authority of an Act of Parliament”. Therefore, the
Uganda Revenue Authority Act.
Cap 196 was enacted to provide the administrative framework under which
taxes under various Acts are collected. Uganda Revenue Authority admin-
isters the tax laws (Acts) on behalf of the Ministry of Finance, Planning and
Economic Development under the following legislations:
4.04.0
| Principles
Principlesof
ofTaxation
Taxation
The principles of taxation are concepts that provide for guidelines towards a
good tax system. Since many view taxation as a necessary evil, it should be
administered in a way that creates minimum pain to the payer, just like the
proverbial honey bee which collects nectar from a flower without hurting
the flower.
Economists over time have laid down principles that policy makers should
take into account when making tax laws; these principles are referred to as
the canons of taxation.
The following are the common canons of taxation:
4.1 Equity/Fairness
Illustration
If B a shopkeeper makes a profit of Shs 10,000,000 in a year and is taxed at
10%, which is equal to Shs 1,000,000, and C who is a cattle trader makes a
profit of Shs 10,000,000 in a year, he should also be taxed at 10%. Likewise,
any other person who earns an income of Shs 10, 000,000, should pay the
same tax.
(ii) The contribution in tax should increase as the taxable income in-
creases (vertical equity). The principle behind vertical equity, which is most
applicable in income taxes, is that the burden among taxpayers should
be distributed fairly, taking into account individual income and personal
circumstances. Vertical equity is to be taxed proportionate to the income
one earns. The strongest shoulders should carry the heaviest burden.
Illustration
4.2 Convenience
Illustration
4.3 Certainty
A good tax system is one where the taxes are well understood by the tax
payers and tax collectors. The time and reason of payment as well as the
amount to be paid by an individual should be well documented and certain
or known. The tax should be based on laws passed by parliament.
4.4 Economical
Illustration
URA collected about shillings 16Tn in the financial year 2018/19. By the prin-
ciple of Economy; the cost of collecting and administrating taxes should not
exceed 5% of shillings 16Tn.
4.5 Simplicity
The type of tax and the method of assessment and collection must be simple
enough to be understood by both the taxpayers and the collectors. Compli-
cated taxes lead to disputes, delays, corruption, avoidance and high costs of
collection in terms of time and resources.
The tax levied should not exceed the taxable income of a person. This is to
avoid discouraging the person’s performance or participation in the tax base.
Other canons of taxation include; Diversity, Productivity, and Elasticity.
5.0 |Characteristics
5.0 ofaagood
Characteristics of goodTax Tax System
System
This tax is structured in such a way that the tax rate increases as the person’s
income increases. Most income taxes are progressive so that higher incomes
are taxed at a higher rate. A progressive tax is based on the principle of vertical
equity.
This is a tax not based on the ability to pay. A regressive tax is structured that
the effective tax decreases as the income increases.
This is a tax whose rate remains fixed regardless of the increase in the tax base.
A proportional tax may be considered regressive despite its constant rate when
it is more burdensome for low income payers than to high income payers.
Taxes are classified as either direct or indirect. Direct Taxes are imposed directly
on a person’s income arising from business, employment or property and the
burden of the tax is borne by the individual or business entity. Examples of di-
rect taxes include Corporation tax, Presumptive (Small business) tax, Individual
Income Tax, such as Pay As You Earn, capital gains tax and rental income tax.
Indirect Taxes are taxes levied on consumption of goods and services. Indirect
taxes are collected by an agent. Examples of Indirect Taxes include: Value Added
Tax(VAT), excise duty, import duty among others.
Illustration
Shopkeeper B sells bread to K for Shs 2,000, on which VAT at a rate of 18% has
been charged. The VAT on the bread therefore is Shs 305 (18% of 2,000). The
tax is remitted to the Government by the seller. Although K has paid the Shs
305 on bread that was priced at Shs 1,695, the tax is accounted to URA by B
and K need not follow up the transaction with URA.
7.0
| Role
7.0 of Taxation
Role of Taxation
8.08.0
| About Uganda
About Revenue
Uganda Revenue Authority
Authority
8.1 Vision
8.2 Mission
• Agility
• Integrity
• Collaboration
• Excellence
We promise excellent revenue services everywhere, all the time at the lowest
cost possible.
8.5 Tagline
The main role of the Department is to serve as an in- house legal firm which
provide legal services on all issues that may arise in the day-to-day operation
of the organisation. The Department represents URA in the courts of law as
well as quasi courts.
This department is charged with monitoring and pursuing all cases of tax
crime and evasion-related activities.
8.11 Accountability
Is key in the relationship between URA and the Public; and this will be
achieved through:
i. Appointed Regional Spokespersons who deal with all public
relations issues in a bid to improve information flow to all
stakeholders.
ii. Developed a Web portal to cater for our vast clientele. This is
aimed at giving our clients one quick access to handy material in
regard to URA, its processes and procedures.
iii. Profiled and segmented all sectors of the business community to
enable a focused approach
iv. Participate in Exhibitions where Tax Information Centers are
established to handle client issues.
v. Partner with the media to take the tax message to the grass roots.
vi. Hold periodic press briefings to enlighten the public on current
issues pertaining to the Authority or its dealings.
vii. Produce simplified tax materials to benefit its vast clientele.
viii. Translate simplified tax materials to local languages to empower
all the taxpayers with tax information.
ix. Implemented the Taxation course units in the Ugandan School
Curriculum
SERVICES STANDARDS
The URA Taxpayers’ Charter spells out the rights and obligations of the Taxpayer,
guides URA in upholding these rights and facilitates the Taxpayer to meet his
or her obligations.
It was launched in 2002 and first revised in April 2006 to accommodate the
developments in Uganda Revenue Authority (URA) and later in December 2006
to align it with the Public Service Client Charter then in June 2011 and the latest
revision in 2015.
The Charter derives authority from the various Tax laws and Regulations govern-
ing the administration of taxes in Uganda and clearly outlines the expectations
of both the Taxpayer and the Tax Authority.
It acts as a reference point for the Taxpayers in managing their interaction with
URA and provides the Tax body with the necessary benchmark for its Client
Service Standards. This is done by recognizing its clients as viable partners in
the administration and collection of taxes. The Taxpayers charter is therefore a
set of guidelines that guarantees a meaningful relationship between URA and
its various stakeholders.
a) Equity
• You have a right to equity
• Tax laws and procedures shall be applied consistently to you.
• All your tax affairs shall be handled with impartiality.
• You and your agents shall be presumed honest until proven otherwise.
• You shall always pay the correct tax.
b) Confidentiality
Your tax affairs shall be kept secret and tax information in our possession shall
be used in accordance with the law.
• You and your authorized agent(s) shall be provided with clear, precise
and timely information.
• You shall receive courteous and professional services at all times.
• You will receive timely, clear and accurate responses to your enquiries,
complaints or requests.
• You shall be availed with reasons for decisions taken. You shall be
sensitized about your tax obligations.
e) Prior Notices
You shall be given prior notice whenever your premise(s) are to be subjected
to routine inspection or if an audit is to be conducted.
f) Accountability
• Your tax account shall be promptly updated for the tax paid.
• We shall maintain an updated database of your tax records.
g) Tax Refunds
Where a tax refund is due to you, we shall process it within the prescribed time
limits under the laws subject to budget refund limits.
i) Customer Care
We shall ensure excellent customer care by:
• Being courteous to you.
• Offering ourselves for constructive criticism and advice from you at
all times.
• Receiving and acting promptly on all complaints made against our
officers in accordance with the URA staff code of conduct.
9.1 E – Registration
eTAX enables taxpayers to lodge their applications online through the web
portal, from anywhere on the globe as long as they are connected to the
internet. Upon uploading the application on the web portal, the system will
generate an e – acknowledgement receipt with a reference number and search
code that you can use to track the status. Note; photocopies of any attach-
ments have to be delivered to a nearby URA office.
The taxpayer upon receipt of TIN is able to log onto the web portal and create
his / her own account for any further transactions, however this has changed,
on approval the notice goes with TIN and password.
9.2 E – Filing
A taxpayer registered with URA has an obligation to submit a return for the
tax period defined by the respective tax law. URA facilitated the taxpayer to
fulfill this obligation by introducing electronic filing in eTAX.
The return must be submitted by the due date to avoid penalties for late
filing and it must also be submitted for each tax period to avoid estimated
assessments that arise out of non-submission of returns. In case the taxpayer
is unable to submit a return on time, he or she can apply for the extension
of time to submit a return late using an application form for late filing also
found on the web portal.
Some of the benefits accruing from e-filing are that the return process was
clearly separated from the payment process and the taxpayer can now file
returns before/ after making the payment, or make the payment before/
after filing the return.
NB: Both Payment and Return should be made on or before the deadline.
9.3 E – Payment
A taxpayer required to make payments to URA for any tax type can do so
using the e payment process. All the taxpayer needs to do is to go onto the
URA web portal (http://ura. go.ug), access the payment registration slip,
register the payment and go to the bank to make the actual payment over
the counter. The taxpayer in future may even not need to go to the bank as
such facilities like, mobile money, Payway, VISA Cards are enabled for use
Benefits accruing from e-payment are that the taxpayer can utilize the ser-
vice on a 24-hour basis, the taxpayer’s costs of movement between his/her
premises and URA or the bank are reduced; and thus saving time. Taxpayers
can also monitor the status of their payments online through the web portal.
10.0 10.0
| Definition
Definitionof
ofkey terms
Key Terms
Chargeable Income - is the gross income of a person for the year less total
deductions allowed under the Income Tax Act Cap 340 for the year.
Gross Income of a person for a year of income - is the total amount of busi-
ness income, employment income and property income other than exempt
income. In case of a resident person, gross income is a person’s income from
all geographical sources; and in the case of non-resident persons, gross in-
come includes only the income derived from sources in Uganda.
Year of Income - means the period of twelve months ending on June 30,
and includes a substituted year of income and a transitional year of income.
Income tax is administered under the Income Tax Act (1997) Cap 340
on chargeable income. As earlier noted, chargeable income is the gross
income of a person for the of income less total deductions allowed under
the income tax act.
Business is defined in the Income Tax Act to include any trade, profession,
vocation or adventure in the nature of trade.
The definition of business is therefore inclusive rather than specific such that
there can be business which does not arise from trade, profession vocation
or adventure in the nature of trade.
12.1.1 Trade
Trade has the same meaning as commerce and it involves buying and selling
or bartering of goods. There are many exceptions to this general definition
but the following elements are crosscutting:
• The element of profit
• The regularity of the transactions.
• The arrangements and effort, and,
• Compliance with statutory obligations made to make the
transactions work.
Any of the above may determine whether a trade is carried out. However,
depending on the facts of each case, the existence of these conditions could
generally lead to the likelihood of a trade.
This refers to transactions where profits arise from activities such as gam-
bling, speculative dealings in commodities, single or one off transactions or
unconventional transaction e.g. smuggling.
12.1.3 Profession
This is how one passes one’s life when earning a living. More often, it is referred
to as a special calling and qualification for a certain kind of work especially
for social or religious work. It can thus be used to bring within the scope of
income tax any form of regular and continuous profit earning, which does
not fall within the categories of trade, business, profession or employment.
Earnings from activities related to religion can fall in this category.
Cost base of an asset is the amount paid or incurred by the taxpayer in respect
of the asset, including incidental expenditures of a capital nature incurred in
acquiring the asset, and includes the market value at the date of acquisition
of any consideration in kind given for the asset.
Capital gains are included in the gross income of the taxpayer and assessed
as a business income.
associate of the employer; and it does not matter whether it is paid to the
employee or to his associates.
acquisition scheme
Note: It should be noted that all or any of the above in combination com-
prise employment income.
As a general rule, the value of a benefit in kind is the fair market value of
the benefit on the date it is taken into account for tax purposes less any
amount paid by the employee for the benefit.
1. Motor Vehicle – Where a benefit provided by an employer to an
employee consists of the use or availability for use of a motor vehicle wholly
or partly for the private purposes of the employee, the value of the benefit
is calculated according to the following formula: (20% × A × B/C) – D where,
A is the market value of the motor vehicle at the time when it was first
provided for the private use of the employee depreciated on a reducing
balance basis at a rate of 35% per annum for the subsequent years.
B is the number of days in the year of income in which the motor vehicle
was used or available for use for private purposes by the employee for all
or a part of the day.
C is the number of days in the year of income
D is any payment made by the employee for the benefit
PART B
DOMESTIC TAXES
In case a tax payer cannot register online, he or she can walk into any of the
URA offices or One Stop Centre located in any of the Municipality or KCCA
division and assistance shall be provided to complete the registration process.
Ensure that you move along with the necessary attachments as listed above.
In case of failure to do any of the above, call the Contact Centre: 0800117000
(Toll free)/ 0417444602 or send an email to services@ura.go.ug.
All taxpayers should jealously protect details about their TIN account since
they are responsible for all the transactions conducted through their TIN
account.
Note that ground rent and property fees charged by local authorities do not
affect rental tax for individuals; however, where applicable they are allowed
as expenses for non-individuals when computing their rental tax.
All persons dealing in excisable goods and services must register with URA
for the purpose of local excise management and regulation. This registration
is valid for one year and thus should be renewed annually.
Note:
• A manufacturer of excisable goods becomes liable to pay excise duty
when the goods are removed from his premises.
• A person providing an excisable service becomes liable to pay excise
duty on the date of provision of the service
• An importer of excisable goods pays excise duty on importation of
the goods
Note:
• In case a taxpayer is not in position to effectively handle his tax
matters, he can appoint a tax agent to transact with URA on his/
her behalf
• In case a taxpayer temporary closes business with the intention
of resuming, he can deactivate his TIN and later on reactivate it
when the business resumes
• In case the commissioner is convinced that a taxpayer no
longer satisfies the registration conditions, he can always
deregister that person
All registered tax payers are required to update their registration details
using their accounts on the URA website (or through submission of signed
manual amendment forms to any nearest URA office if they fail to access
their account online) as soon as an amendment is made in the registration
details. This will enable timely and accurate dissemination of correct infor-
mation to the parties concerned regarding the taxes whenever need arises.
Note that all tax returns must be submitted in the prescribed format and
the commissioner can appoint any other person to assist a taxpayer who
fails to file at his/her cost.
All tax agents are required to provide the taxpayers with a signed certificate
stating the documents used in preparation of their returns and must certify
that all documents have been examined and thus reflect the correct data
and transactions for the return period.
Note that;
• Tax agents who do not provide the certificate will be required to
write to the taxpayer clearly explaining the reasons.
• Tax agents who prepare or assist in the preparation of tax returns
are required to make a declaration in the taxpayer’s return stating
whether a certificate or a statement has been provided to the
taxpayer and he may be requested to provide a copy.
• Tax agents are required to keep copies of certificates and
statements provided to taxpayers for a period of five years from
the date of filing the related tax return.
The commissioner may by notice in writing at any time during the tax peri-
od require a tax payer to file a return for the stated tax period by the date
specified in the notice (the date may be before the end of the tax period)
if there is proof that;
• A taxpayer has died,
• A taxpayer has become bankrupt or gone into liquidation,
• A taxpayer is about to leave Uganda permanently or any other
reason the Commissioner considers appropriate.
Note that the taxpayer is also required to pay any tax due under the return
by the stated date in the notice.
If a taxpayer is not able to file a return by the required date, he can apply
for an extension to file his return providing reasons justifying the extension.
Note that;
• The extension if granted will not exceed 90 days and does
not change the due date for payment of the tax due. Interest
will therefore accrue on any outstanding tax liability.
• Multiple extension applications are allowed provided the number
of days does not exceed 90 days in aggregate.
• If the taxpayer is dissatisfied with the Commissioner’s decision
about the extension, he may challenge it under the objection and
appeals procedure.
• A tax payer who fails to file a return by the required date will receive
a penalty greater of either 2 percent (2%) of the tax payable under
the return or Ugx.200, 000 (ten currency points) for each month
up to the date the return is filed
• If you understate provisional chargeable income by more than 10%
of actual chargeable income, the penalty is 20% of the difference in
tax on the taxpayer’s estimate and 90% of the actual chargeable
income.
• If any person knowingly provides wrong or less information with
an intention of reducing the tax payable, such a person will receive
a penalty that is equal to twice the amount of the excess or
additional tax that arises.
Returns can be filed online when you visit the URA web portal (https:// www.
ura.go.ug), click on download online forms to access the respective return
forms, Fill the form to generate an upload file, log into your account to up-
load and submit. If the upload is successful, the taxpayer will receive an auto
generated e-acknowledgement receipt which is evidence of submission.
In case of any challenges in filling the respective returns, send an email about
the challenge to the official email address services@ura.go.ug or call the toll
free line 0800117000/0800217000.
NB: Both Payment and Return should be made by the filing due date.
3.0 | Assessments
4.0 Assessments
3.1 Self-Assessment
This is a tax form prepared by the tax payer showing the taxable income
generated and the tax payable on it.
Note;
• If a tax payer has submitted a self-assessment for a tax period,
he is treated as having declared the amount of tax payable for the
period. This is done through return filing.
• If a tax payer declares a loss for a return period, he is treated as
having made an assessment of the amount of the loss for that year,
being that amount in his return.
This is a tax form showing the estimated taxable income generated and
the tax payable on it issued by the Commissioner due to failure to furnish a
self-assessment by the required date.
The taxpayer will receive a notice in writing showing the amount of tax as-
sessed, and any penal tax and interest payable in respect of the amount as-
sessed, assessed period, the due date for payment and the objection criteria.
It is issued at any time, if fraud or any willful neglect has been committed
by, or on behalf of the taxpayer or new information has been discovered in
relation to the tax payable for a tax period.
Note:
• All self-assessment returns filed before 1st July 2016 can be amended
within a three year period form the filing date while those filed after
1st July 2016 can only be amended within a twelve months period
from the filing date provided the return is not under investigation.
• An additional assessment notice will show the amount of tax assessed,
and any penal tax and interest payable in respect of the amount
assessed, the assessed period, the due date for payment and the
objection criteria.
Note that the service of a notice of an additional assessment does not change
the due date for payment of the tax payable under the assessment and thus
the penal tax and interest is payable based on the original due date.
4.05.0
| Objections
Objectionsand Appeals
and Appeals
4.1 Objections
1. Has filed the return to which the assessment relates in the case
of a default or advance assessment;
2. Has paid the tax due under the return to which the assessment
relates together with any penalty or interest due
Note that this time limit for making an objection decision is waived where a
review of the taxpayer’s records is necessary for settlement of the objection
and the taxpayer is notified.
4.2 Appeals
High Court
Tax Appeals
Tribunal
URA Commissioner
General
Tax Payer
• If a taxpayer has tax liabilities from more than one tax period at
the time a payment is made, the amount will be used to clear the
The general rule is that for expenditure to be allowed it must have been incurred
to produce the income that has been declared as gross income. Where the
expenditure is only partly incurred in the production of income included in the
gross income, the Income Tax Act provides for apportionment such that the
deduction allowed is only to the extent to which it was so incurred.
The Income Tax Act lists, under sections 22 – 38, a number of expenditures and
loses that are allowable deductions. For instance, Interests, bad debts, repairs,
depreciation, initial allowances, startup costs, meals, etc. Capital expenditure
e.g. purchase of a motor vehicle is not in itself an allowable deduction but it is
allowed capital deduction for its depreciation.
Capital allowances are calculated for a year of Income and are granted as a
deduction when the capital asset is put to use.
7.0
7.0 | Persons
Persons assessable
assessable to tax to Tax
For income tax purposes, a small business taxpayer is a resident taxpayer whose
gross turnover from all businesses owned by such a person in a year is more than
TEN MILLION SHILLINGS but does not exceed ONE HUNDRED FIFTY MILLION
SHILLINGS. The term TURNOVER refers to one’s total sales in a year. However,
persons in the following business activities are excluded from presumptive tax:
Schedule for the computation of “presumptive” income tax for small businesses
Taxpayers, whose turnover is above sh150m, must file annual Income Tax
returns such that the tax is computed on their net profits as illustrated below:
Rates for resident individuals
Chargeable income Rate of tax
Illustration
Mr Mbayo received 135m from the supply of his products to Kira Investments
in Mpigi during 2014/2015 of which 8.1m (6% on 135m) was withheld by Kira
Investments.
From the beginning of the year, he incurred the following costs.
i. Production costs……………………………………………………………….……………….22m
ii. Direct costs (e.g Transportation of products)……………………………..…5m
iii. Administration costs (including
Annual salary for 2 employees……………………………………….……….………24m
Annual rent for store……………………………………………………………………….…..8m
Fuel expenses………….………………………………………………………………..………...14m
iv. Annual staff party………………………………………………………………………………...9m
Calculate his Income Tax Liability for 2014/2015.
Solution
Gross Income from sales………………………………………………………………...135m
Less
Production costs…………………………………………………………………………..…….22m
Direct costs……………………………………………………………………………………………5m
Gross Profit……………………….......................................................................108 m
Less Allowable deductions
Annual salary for 2 employees…………………………………………………….….24m
Annual rent for store……………………………………………………………………………8m
Fuel expenses………………………………………………………………………………….….1.4m
Chargeable Income…………………………………………………………………….….….62m
Income Tax Liability
Since his chargeable income falls in the fourth category, then
Tax Liability = (62,000,000-4,920,000)*30% + 300,000..……………….17.424m
Less withholding Tax at source……………………………………………………………..….......8.1m
Net tax liability (Income Tax – Withholding tax)………………………………… .9.324m
Note that the expense incurred for the annual staff party (9m) does not account
for the allowable expenses in the generation of his gross income.
58 A Guide to Taxation in Uganda
Domestic Taxes
This is a tax levied on the Gross salary of an employee (earning income above
Shs 235,000)per month by an employer and then remitted to URA on behalf
of the employees. If you have employees who earn a monthly income above
shs 235000/=, you are required to withhold and remit monthly PAYE by the
15th of the month following one in which tax is withheld as per the PAYE
rates below.
7.4.1 Rate of tax for resident individuals
Illustration
Required: Is Karacen (U) Ltd obliged to deduct PAYE tax from Acul Ocolo?
Solution: No, because Acul Ocolo’s monthly salary is less than the threshold
so his salary does not attract PAYE.
Illustration
Total ...........................................................................................370,000
His gross employment income lies in category three and thus we shall use
the rates in the third bracket, i.e.
Exceeding Shs 335, 000 but less than 410,000 (10000 + 20% of the amount
by which chargeable income exceeds Shs 335, 000)
Employees deriving income from more than one source are required to complete
an end of year return to declare:
• Total income from all sources, including business income
• Total taxes paid at source such as PAYE and withholding tax or pro-
visional tax. This excludes presumptive tax and rental tax paid by
such employee
• Tax payable
An employee:
• Is not required to furnish a PAYE return if tax is fully deducted and
paid at source
• Is entitled to claim refund of over-paid tax where applicable
• Is entitled to accountability for all taxes deducted and paid at source
by the employer.
7.4.6 What happens if tax is not paid?
An employer who fails to withhold and pay the tax as required by law is per-
sonally liable to pay the tax together with any penal tax and interest thereon.
He may however recover it from the employee.
The Income Tax Act Cap 340 specifies the persons who are required to with-
hold tax as well as those upon whom the tax should be imposed, depending
on the nature of the transaction. This tax is deducted at source by a with-
holding agent upon making payment to another person.
• Gaming and pool betting: A person who makes payment for winnings of
betting or gaming shall withhold tax on the gross amount of the payment
at a rate of 15 %.
• The withholding agent is required by the Income Tax Act to pay to URA
the tax withheld (or that should have been withheld), within 15 days
after the end of the month in which the payment was made. In the case
of a person about to leave Uganda, the tax should be withheld and paid
before the payee leaves.
Note that the amount withheld on any payment is part of your annual Tax
payment and thus reduces on your annual tax liability
Illustration
Note:
• A person who fails to withhold tax is liable to pay to URA the tax which
has not been withheld and/or remitted. He is however entitled to recover
the amount from the payee thereafter.
This is tax levied on income earned by a person from letting out immovable
property (land and buildings) in Uganda. For income tax purposes, it does not
matter whether the building is let out as a residence or for commercial use.
Property is let out by a landlord or landlady to another person also known
as a tenant for a consideration.
A person (landlord or landlady) may take the form of an individual e.g Robert
Wamala, a corporate body e.g., RORA Properties Ltd, Government e.g Luwero
District Administration, an institution e.g. Makerere University, or a listed
institution such as Deposit Protection Fund of Uganda.
Taxation of Rental Income is provided for under S. 5 of the Income Tax Act.
This is rent earned by persons and is segregated and taxed separately as
though it were the only source of income for the taxpayer.
The rental income of a resident individual for the year of income is charged
to tax at the rate of 20% of the chargeable income in excess of the tax-free
allowance or threshold of Shs. 2,820,000 per annum while for a corporate
body, it is charged at a rate of 30% after deducting expenditures incurred
in generating this income.
Illustration
Acul Ocolo earned annual rent of: Shs 3,500,000 from a house in Kitintale,
Shs 900,000 from a house in Kabale and Shs 600,000 from a house in Ly-
antonde. He is charged an annual interest of 500,000 on a loan/mortgage
he got from the bank to build the houses
Question: Determine the Rental tax payable
Solution: The rental tax is computed as follows:
Step I:
Determine the total annual gross rents from all sources of the individual
Gross rental income = 3,500,000 + 900,000 + 600,000 = 5,000,000
Step II:
Deduct 20 percent allowance for assumed costs
Assumed expenses/costs = 20%X 5,000,000 = 1,000,000
So 5,000,000 – 1,000,000 = 4,000,000
Step III:
Deduct interest on mortgage for that property. (I.R)
So 4,000,000 – 500,000 = 3,500,000
Step IV:
Deduct threshold (Shs.2, 820,000)
So 3,500,000 – 2,820,000 = 680,000
Step V:
Determine income tax at 20%
So 20% X 680,000 = 136,000
Rental tax payable = shs. 136,000
Step I: Determine the total annual gross rents of individual partners; say R;
Step II: Deduct 20 percent allowance for costs i.e R – 20%, therefore R = 80%R
Step III: Deduct interest on mortgage for that property. (I.R)
Step IV: Deduct threshold (Shs.2, 820,000) i.e 80%R – I.R - 2,820,000)
Step V: Determine income tax at 20% i.e 20% (80%R – I.R - 2,820,000).
Partner A will pay 20% of (3/5X 500,000) = 20% X Shs. 300,000 while Partner
B will pay 20% of (2/5X500,000) = 20%X Shs. 200,000
Illustration
RORA Properties Ltd earns Shs 15 million from its commercial building lo-
cated in Kampala, Shs. 10 million from the apartment it lets out to MTN Jinja
branch and Shs .5 million from its building that houses a Micro Finance office
in Mukono, Out of this Shs. 8 million was incurred on providing security, shs
7,500,000 as interest on loan/mortgage from the bank while Shs. 3.5 million
to paint.
Question: Calculate the rent tax payable
Solution:
Step I: Determine the total annual gross rents from all sources of the company
Annual Gross rents = 10,000,000 + 15,000,000 + 5,000,000 = 30,000,000
Step II: Deduct all expenses incurred in the production of the rental income
Expenses = 8,000,000 + 7,500,000 + 3,500,000 = 19,000,000
So 30,000,000 – 19,000,000 = 11,000,000
Exception: Input tax credit may be allowed where the failure to acquire a tax
invoice is not the fault of the taxpayer and the amount claimed is correct. Also
if the original tax invoice is lost, one can use a certified copy from the supplier.
Persons whose taxable turnover is below the VAT threshold are eligible to regis-
ter if they wish to do so provided they meet the following general requirements
• The applicant must have a fixed place of abode or business.
• The applicant should be able to keep proper books of accounts.
• The applicant should be able to submit regular and reliable tax returns.
• The applicant should be a fit and a proper person in the opinion of the
Commissioner
7.7.10 Deregistration
This is the process of removing or cancelling a registered person from the
VAT register.
Process of Deregistration
Application for deregistration arises in two ways
• Upon application in writing by the taxpayer.
• On the Commissioner General initiative if (s) he is satisfied that the
taxpayer was not required to apply for registration. This happens
even if the taxpayer does not apply for it.
This refers to the date on which a supply is deemed to have taken place. The
purpose of time of supply is to guide in determining the tax point. Tax point
determines the VAT period in which output tax should be accounted for and
credit for input tax be taken into consideration. There are different provisions
for the different circumstances as detailed below.
For example: if the consideration or taxable value is Shs. 20, 000 and the VAT
rate is 18% (18/100), then VAT = 20,000 x18/100 = Shs. 3,600
Tax Fraction: This refers to the ratio used to determine the amount of VAT
where the consideration is inclusive of VAT. The fraction is given by the formula:
__r_____
r + 100 where r is the VAT rate.
If the rate of tax (r) = 18% then the tax fraction = 18/ (18+100) = 18/118.
For example if the consideration (VAT inclusive) is Shs. 20,000, then VAT =
20,000 × 18/118 = Shs. 3051.
For a taxable person that deals in both taxable and nontaxable supplies, input
tax credit is apportioned and claimed on only that part or percentage that
relates to taxable supplies/ sales using the formula:
The general rule is that input tax incurred for business purposes should be
allowed or credited to the taxpayer. However, the VAT Act disallows some
input tax credits.
The following input tax credit is not allowed though incurred in respect to
business activities.
Exception:
1. This can be allowed if the taxpayer is in the business of providing enter-
tainment itself.
2. It can also be allowed if supplies were meals or refreshments to the tax-
payer’s employees in premises operated by the taxpayer or on behalf of
the taxpayer solely for the benefit of the taxpayer’s employees.
• Telephone services. Ten per cent (10%) of input tax on telephone services
is not allowed.
Exception: If at the hotel a client was charged output VAT for using the tele-
phone, the corresponding input tax charged to the hotel owner is allowed.
Illustration
Nyero cotton farmers sold 10 tons of cotton to Brad ginnery at shs.
7,000,000. Brad a cotton ginnery sold 10 tons of lint cotton to Nyanza
textiles at shs.10, 000,000. Nyanza textiles produced bed sheets out of
the cotton and sold them to Kiyembe Ltd (a retailer) at shs 17,500,000.
Kiyembe Ltd sold all the bed sheets to various customers and total sales
were shs. 22,500,000. All figures are exclusive of VAT and VAT rate appli-
cable is 18%. Determine the total VAT payable through the process.
Illustration
Stage / dealer Cost Price Selling Price Input Tax Output Tax URA Account
IT OT
(C.P) (S.P) (OT - IT)
(18% * C.P) (18% * S.P)
Nyero farm 7,000,000 - -
Brad ginnery 7,000,000 10,000,000 - 1,800,000 1,800,000
Nyanza textiles 10,000,000 17,500,000 1,800,000 3,150,000 1,350,000
Kiyembe Ltd 17,500,000 22,500,000 3,150,000 4,050,000 900,000
Final Consumer 22,500,000 - 4,050,000 - -
TOTAL VAT TO 4,050,000
URA
Note that Nyero cotton Farmers do not have any VAT to remit to URA
since they sell raw cotton (unprocessed) to the ginnery, however the VAT
component starts at the ginnery when the seeds are being removed from the
cotton (Lint cotton) up to the Kiyembe limited selling to the final consumers.
The total VAT is remitted to URA by the players in the value chain.
8.0 | Income
8.0 TaxIncome Tax Clearance
Clearance Certi (TCC)
Certificate
A Tax Clearance Certificate – TCC is a document issued by the Commissioner
on request by the taxpayer, certifying that the taxpayer is compliant with
his tax obligations. It is only given to taxpayers who have consistently been
compliant with their tax obligations.
Note that any person who requires a tax clearance certificate shall apply to
the Commissioner for the certificate as proof of tax compliance.
Note that stamp duty only applies to instruments listed in schedule 2 of the
Stamp Duty Act, 2014 as amended. The rates of stamp duty payable are either
fixed or ad valorem depending on the instrument.
A fixed duty rate does not vary with the value of the document while an Ad
valorem rate varies with the amount or value or the consideration paid, or
obligation incurred, or the value of the property affected by the document in
question.
This consists of fees charged on various motor vehicle transactions that are
collectable under the Traffic and Road Safety Act Cap 361. Some of the ser-
vices offered in relation to the fees paid include;
• Motor vehicle registration
• Change of Ownership of a Motor Vehicle
• Duplicate Number plate and Registration Book
• Owners Transport Vehicle (OTV)
• Dealers /Garage plate ownership
• Alterations of particulars
• De-registration of motor vehicles
• Endorsements of third-party Interests and cancelation
• Search and Certification.
Note that the fees applicable are attached in the appendix in this handbook.
A driving permit is a legal document that permits one to drive a motor vehicle
on the Road. It is issued to an applicant who is 18 years and above and for
specific classes of vehicles. The mandate of processing driving permits was
solely handed over to Ministry of Works. URA‘s mandate is to collect the due
fees that may be applicable.
PART C
CUSTOMS
1.0 | Introduction
Customs Department is one of the 7 Departments that form the Uganda Rev-
enue Authority (URA) with a core mandate to facilitate international trade.
2.0 | Clearing
2.0 Imports
Clearing Imports
Importation of Goods
This is the process where a person buys and brings goods from outside
Uganda for either home use or for transit.
• Goods for home use are those that are imported solely for the
purpose of sale or use within Uganda.
• Transit goods are those that are intended to be consumed in
another country so they just go through Uganda before they reach
their final destination.
All importers are required to use the services of a licensed clearing agent,
apart from those clearing passenger baggage whose value is below 2000
USD.
The Uganda Revenue Authority [URA] deals with accredited clearing firms
represented by agents. However, even though you must have a clearing agent
assist in this function; do not be ignorant of your tax affairs.
The URA web portal is a useful resource with free tax material. When you log
on, look out for the section ‘Information library’ and select the appropriate tax
information required. You can also find updated circulars and notifications
and the exchange rates for tax purposes.
There are several provisions within the law (EACCMA) that spell out how
offences related to illicit activities are handled including sanctions (Penalties
and fines)
3.9 Obligations of the client to the agent
The client must provide the agent the relevant documents in unaltered state
and equip the agent with a true and correct position to avoid misrepresentation.
Network Minimum re- 128 Kbps network speed Contract with inter-
quirement Dedicated and non-inter- net service provider
mittent should be attached
iii. The user enters the TIN in the space labelled Login Id and password
(See figure)
iv. The steps above will be possible if the user already has an account on
the Portal otherwise, the trader creates an account if they do not have one.
v. The user then enters the information required in the spaces available
(See Figure 3 under Create Account)
After creating the user account, the user follows the steps earlier discussed
above to login.
N.B All users must have a recognized TIN that is used as an ID when logging in.
By now, the agent and all the clients have a registered account on the URA
Portal were each uses the individual TIN to log in.
Below are the steps that an agent firm shall follow in order to register and be
able to clear goods, be appointed and accept appointments from clients.
i. The firm shall login as in the steps earlier and will open the page as in
screen shot
NB. The agency firm is available for appointment ONLY after registering on
the portal and therefore will not be available for appointment
i. The agency firm logs into their account created as in Part B above
ii. Under the e-Services under the Firms portal login, the authorized
agent representative clicks the option, Appoint Employees as in
figure below.
iii. The dialog box were the employer enters the employees TIN,
appointment date, ID number etc. opens up.
iv. The employer will enter the TIN of the employee, the date of
appointment and all the relevance employee information
v. Clicks ‘Submit’ when all the employees’ particulars have been
properly entered.
vii. The trader will then select the first date of appointment from the
calendar on the right of the ‘Appointment from Date’ box by clicking
on the calendar icon.
viii. Enters the closing date of the appointment in the next box
(Appointment to Date)
4.04.0
| Declaration of Goods
Declaration of Goods
When goods are brought into a customs area e.g. a border entry point,
customs must be informed of the person responsible to fulfill the customs
obligations with regard to the goods on board. This can be the owner of the
goods or a third party, including customs brokers, agents and transporters
referred to as declarants.
The importer or his authorized agent (declarant) enters the goods on a Cus-
toms Single Bill of Entry or the Single Administrative Document (SAD).
The declarant must furnish a formal report to Customs within 24 hours and
make the necessary declaration in respect of the imported goods to the
Customs Officer.
The EAC-CMA prohibits the removal of any goods from a Customs area be-
fore they have been dully reported and entered. Goods may be entered for;
a) Direct home use, where goods are entered and paid ready for home
consumption.
b) Transit, where goods are entered to be moved from one customs
area to another and across the border into another country.
96 A Guide to Taxation in Uganda
Customs
5.05.0
| Assessment
Assessment
ofofduties
duties and
and taxes
Taxes
Determination of tax payable is made using tax rates defined in the customs
tariff nomenclature (EAC- CET) or other instruments of the law, which are
provided for in the relevant schedules of the EAC- CMA
In Uganda duties and taxes are payable through self- assessment procedures
where taxpayers through their appointed clearing agents make declarations
in the ASYCUDA World system and proceed to make payments in designated
banks.
This declaration system provides a quicker and more efficient service with
less paperwork. It also provides an effective means of identifying and pre-
venting fraud.
5.1 Selectivity of Declarations
Upon payment of taxes assessed, goods are subjected to random selectivity
based on risk assessment criteria leading to either physical examination or
documentary check or direct release of the goods.
Declarations whose risk category is low (Those in the Green lane) are imme-
diately released while those selected red are automatically assigned to the
verification section for physical examination.
The declarations selected yellow for document examination are submitted
to the document examination section and also automatically assigned to the
documentary check officer. Those in the blue lane shall be submitted to the
Post Clearance Audit unit for auditing.
6.0 |6.0
Customs valuation
Customs valuationof
of imported goods
imported goods
6.1 Customs Valuation
Customs Valuation is the determination of the Customs value for taxation
purposes.
6.2 Customs value
Customs value means the value of goods for the purposes of levying ad
valorem duties of customs. Customs value is a composition of cost, insur-
ance, freight of goods imported through road or rail and cost and insurance
of goods imported through air. The customs value is used as the basis for
calculating customs duties.
6.3 Ad valorem duties
Ad valorem duties of customs are duties levied according to the value of the
goods and are usually expressed in percentages of value. Such duties are
distinct from specific values that are based specific measures as goods such
as numbers, weight, volume, area, capacity etc. There can also be compos-
ite duties that are partly ad valorem and partly specific. Customs tariff of
a country indicates what kind of duty is levied on different kinds of goods.
6.4 Valuation of goods
The primary method of valuation is the transaction value, which is the price
actually paid or payable for the goods when sold for export to the country
of importation. A number of conditions must be met to use the transaction
valuation method and it can involve deductions or additions such as com-
missions or royalties.
When the transaction value cannot be used, one of the alternative methods
will be used to determine the customs value (methods of valuation)
• Identical goods value method-the price of similar goods sold for
export to Uganda.
• Similar goods value method-the price of similar goods sold for
export to Uganda.
• Deductive value method –the price in the sale in Uganda of the
imported goods, identical goods or similar goods. This price must
be adjusted for costs etc. incurred between the place of export
and the sale in Uganda.
• Computed value method –this is based on the price of producing
the goods general expenses, other costs and profits relating to
the imported goods
Step II
Customs Value = Customs value X Exchange rate
= 2500 X 3600
= 9,000,000
Step III
Determine the taxes.
Import duty = 25%, VAT = 18%, Withholding Tax = 6%
Import Duty
25% of 6,250,000
= 25/100 X 9,000,000
= 25/100 X 9,000,000
= 2,250,000
VAT
18% of (Customs Value + Import Duty)
= 18% X (9,000,000 + Import Duty)
= 18% X (9,000,000 + 2,250,000)
= 18/100 X 11,250,000
= 2,025,000
WHT
6% of Customs Value
= 6% X 9,000,000
= 6/100 X 9,000,000
= 540,000
INFRASTRACTURAL LEVY = 1.5% of Customs Value
= 1.5% of customs value
= 1.5%X9,000,000
= 135,000
ENVIRONMENTAL LEVY
=50% X 9,000,000
=50/100 X 9,000,000
=4,500,000
TOTAL TAXES = Import duty + VAT + WHT + Infrastructural Levy + Environ-
mental Levy
= 2,250,000 + 2,025,000 + 540,000 + 135,000 +4,500,000 = 9,450,000
7.07.0
| Payment of Custom taxes
Payment of customs taxes
After a declaration is made by the clearing agent, an assessment is raised
and given to the client to pay the taxes due.
7.1 Payment in Installments
Stepwise Instructions for the management of Memorandum of understanding
MOUs for installment payments
a. The process starts with the receipt of a taxpayer’s requests by either
Commissioner Customs Department or Commissioner General to enter an
MOU with Uganda Revenue Authority to pay taxes in installments.
b. On approval of the request, Commissioner Customs Department or
Commissioner General shall forward it to Assistant Commissioner Compliance
& Business Analysis (AC CBA) for implementation.
c. On receipt of the request by AC-CBA, it shall be recorded and for-
warded to Manager Compliance for processing. Supervisor arrears unit will in
turn assign an officer, who will send the request to supervisor CBC to confirm
taxes payable by preparing a work sheet (for those goods that are still with
Customs) that is sent back to CBA.
d. On receipt of the feedback from Supervisor document Processing
Center, officer arrears shall prepare a payment schedule. The officer will draft
a letter for Manager Compliance’ signature in response to the taxpayer’s re-
quest stating detailed terms and conditions for the payment in installments.
e. When the tax payer accepts the terms and conditions, she/he shall
be referred to Debt collection Unit (DCU) for execution of an MOU. Once
she/he has entered an MOU, the officer arrears shall send a copy to supervi-
sor systems and procedures for an m-account to be created upon which the
principal tax shall be entered.
f. An entry shall be captured by the clearing agent of the tax payer and
the goods released as directed by the authorizing officer (CCD /CG).
d) Should the client choose to appeal, the Manager shall receive the
appeal and study the merits of the case. Where the Manager finds the issues
raised by the client credible, the officer shall be advised in writing to settle
the case. The client will be notified in writing of this decision.
e) Where the Manager finds issues raised by the client as insufficient,
the decision shall be upheld. A written response shall be given to the client
detailing reasons why it was upheld. The client shall also be advised to appeal.
f) Should the client choose to appeal, the Division Head (Assistant
Commissioner) shall receive the appeal and study the merits of the case.
Where the Divisional Head finds the issues raised by the client credible, the
officer shall be advised in writing to settle the case. The client will be notified
in writing of this decision.
g) Where the Divisional Head finds issues raised by the client as
insufficient, the decision shall be upheld. A written response shall be given to
the client detailing reasons why it was upheld. The client shall also be advised
to appeal.
h) Should the client choose to appeal, the Head of department
(Commissioner) shall receive the appeal and study the merits of the case.
Where the Head of department finds the issues raised by the client credible,
the officer shall be advised in writing to settle the case. The client will be
notified in writing of this decision.
i) Where the Head of department finds issues raised by the client as
insufficient, the decision shall be upheld. A written response shall be given to
the client detailing reasons why it was upheld. The client shall also be advised
to appeal.
j) Should the client choose to appeal, the Commissioner General shall
receive the appeal and study the merits of the case. Where the
Commissioner General finds the issues raised by the client credible, the
officer shall be advised in writing to settle the case. The client will be notified
in writing of this decision.
k) Where the Commissioner General finds issues raised by the client as
insufficient, the decision shall be upheld. A written response shall be given to
the client detailing reasons why it was upheld. The client shall also be advised
to appeal in Court.
Should the client choose to appeal, the case will be handled under the
litigation process.
9.09.0
| Clearance of of
Clearance Passengers andBaggage
Passengers and Baggage
9.1 Clearance of Passengers
Embarking and disembarking passenger clearance is done only at Customs
gazetted areas such as airports, seaports, landing sites and points of entry
at land borders.
The import duty free allowance shall be granted only to passengers who have
attained the age of eighteen years.
Goods up to the value of US$500 for each traveler, other than the goods
specified above, are granted exemption when imported by the traveler in
his/her accompanied baggage or upon his person and declared to a proper
officer provided the person has been outside Uganda for a period exceeding
24 hours.
10.010.0
| PostPost
andparcel
Courier
and parcels
courier
10.1 Definition of a parcel
A Post Parcel or postal article includes letter, postcard, packet, parcel, or
other article whatsoever, in course of transmission by post.
10.2 Clearance of Post parcels
There are a series of customs activities, processes, procedures, tasks and
decisions that when taken in laid down sequence produce a desired result
as indicated below;
• The owner(client)produces the call notice to post office staff at the Post
Office Building
• The parcel is retrieved and presented to Customs by Post Office Staff.
• The Parcel is then opened and then opened and the contents verified by
the Customs officer in the presence of the owner of the Parcel.
• If the value of the goods in the Parcel is USD 50 above then the Customs
Officer at the Post Parcel Office Captures a simplified Single
Administrative document (assessment notice) for the cargo in the Parcel,
and issues an assessment of the taxes to the recipient.
• Assessed Taxes are paid to URA authorized Bank. (The clients are given
21days within which to pay the taxes. If one fails to pay within stipulated
time, the parcel(s) may be transferred to the customs warehouses in
Nakawa where they may be auctioned to recover taxes)
• A receipt is issued to the client by the respective Bank.
• The Client presents the receipt to Customs office at Posta for release of
the Parcel.
• The officer confirms payment releases the goods to the client.
11.0
11.0 | Warehousing of goods
Warehousing of goods andvehicles
and motor motoronvehicles
arrival on arrival
b) The only exception to the above are new motor vehicles warehoused
by approved motor assemblers and dealers, wines and spirits warehoused in
bulk by licensed manufacturers of wines and spirits; and goods in a duty-free
shop.
c) Warehoused goods on permission can be;
• Transferred to a new owner on payment of $10
• Re-exported to a foreign destination
• Cleared (paid for) in part
• Removed from one warehouse to another
• Re-packaged
• Allowed to do assembling/manufacturing in line with
Sec.51 (1) (d) of the EACMA
• Removed to an export Processing Zone
• Temporarily removed for repairs or modification (in case of vehi-
cles) where applicable. A security in form of bank draft covering
the taxes payable is deposited with Customs
d) The following goods are not warehousable
• Acids for trade and business;
• Ammunition for trade and business;
• Arms for trade and business;
• Chalk;
• Explosives;
• Fireworks;
• Dried fish;
• Perishable goods & goods whose expiry date is less than
6months from the time of declaration;
• Combustible or inflammable goods except petroleum
products for storage in approved places;
• Matches other than safety matches and any other goods which
the Commissioner Customs may gazette
e) Once goods exceed the mandatory warehousing period, they are
tagged for auction. However, the owner can redeem them by paying 1% of
the value if they have not been advertised for sale or 3% of the value if they
have been advertised. Perishable goods may be sold by either public auction
or private treaty without notice at any time the time before their shelf life
expires.
f) Goods that are advertised in the category above are sold by Customs
through a public auction.
12.012.0
|Groupage Cargo
Groupage Clearance
cargo Procedure
clearance procedure
1. The importer delivers goods to the Registered Consolidator of his/
her choice(Shipper) together with all the documents showing the nature of
the packages, description of the items as well as the invoice or invoices
2. When goods arrive at the port, transit entries are captured to move
the goods to the destination bond where final clearance will take place. These
customs documents are called WT8 and T1.
3. When the Container is received at the bonded warehouse and the
customs officer has duly received it, The consolidator splits all the cargo into
individual TINs according to the importers in a given container so that every
individual has got the power to appoint his or her own agent and an option
of either to warehouse the goods or pay taxes directly.
4. The importer delivers goods to the Registered Consolidator of his/
her choice(Shipper) together with all the documents showing the nature of
the goods, the packages, description of the items as well as the invoice or
invoices in the country of exportation for example China.
5. When goods arrive at the port of Mombasa or Dar-es-salam, transit
entries are captured to move the goods to the destination bond where final
clearance will take place. These customs documents are called WT8 and T1.
6. When the Container is received at the bonded warehouse and the
customs officer has duly received and validated the cargo in the customs
system, the consolidator splits all the cargo into individual TINs according to
the importers in a given container so that every individual has got the power
to appoint his or her own clearing agent and an option of either to warehouse
(if the goods are allowed for warehousing) or pay taxes directly in his or her
names.
7. It is a responsibility of all traders in the container to register a customs
declaration within the required timelines of 24 hours of cargo being arrived
and received in the bond because a container of consolidated cargo is only
opened for verification when all entries for all cargo have been registered in
the customs system (Asycuda). Failure by one trader to register a declaration
for his or her cargo on time caused delays to the rest of the traders in the
same container.
8. A customs Officer examines the cargo in a container against the
documents presented for each package of the consolidated cargo and when
discrepancies between the documents and the physical goods are realized,
a seizure is raised for the excess/undeclared goods.
13.013.0
| Auction at Customs
Auction at customs Warehouse
warehouse
Customs warehouse” means any place approved by the Commissioner for
the deposit of unaccounted for goods, unexamined, abandoned, detained, or
seized, goods for safe custody. If such goods are not claimed and redeemed,
they are disposed off as the Commissioner may decide.
14.8 Re-Importation
Means the Customs procedure under which goods which were exported
may be taken into home use free of import duties and taxes, provided they
have not undergone any manufacturing, processing or repairs abroad and
provided that any sums chargeable as a result of repayment or remission
of or conditional relief from duties and taxes or of any subsidies or other
amounts granted in connection with exportation must be paid. The goods
that are eligible for re-importation in the same state can be goods that were
in free circulation or were compensating products.
15.2 Intra Region Cargo (Transfers): traded within EAC partner states
15.3 Exports
Cargo originating from a Partner state to a destination out of the Region
(East Africa), e.g. coffee exports from Uganda to Singapore
Please Note:
In the EACCMA Sec 77(1) Goods which have been put on board on any aircraft
or vessel for export, or for use as stores, or as passengers’ baggage, shall
not, save with the written permission of the proper officer and in accordance
with such conditions as he or she may impose, be discharged at any place
within the Partner States.
Temporary exports: This covers goods which are exported for special pur-
poses and are to be returned after that purpose. E.g. goods exported for
repair/refurbishment, or exhibition.
Re-exports: This covers goods originally imported in the country but later
exported to a foreign country such as
a) Temporary imports,
b) Goods warehoused at importation and thereafter entered to be
exported to another country, OR
c) Goods entered for Home Consumption and later exported to
another country.
The exporter can improve his/her cash flow through the claim of a refund of
money spent on packing materials, e.g., boxes, Gunny bags.
The exporter can also claim back money paid as VAT, during the production
process of the exported goods. All exports do not pay taxes except; Unpro-
cessed hides and skin, Fish, and unprocessed tobacco.
The whole of cargo intended for export should be entered by the owner of
such cargo in the manner prescribed. The owner of cargo intended for ex-
port is required to furnish to the proper officer full particulars, supported by
documentary evidence, of the goods referred to in the entry.
Goods intended for export are required to be exported within thirty days from
the date of entry or such further period as the Commissioner may allow (Sec
2A of EACCMA (Amendment) Act 2011. Breaching the provisions of Sec 73
is an offence and goods in question are liable to forfeiture.
Subject to the provisions of any law in force in a Partner State, export duty
shall not be levied on the exportation from the Partner State of any goods
grown, produced, or manufactured, in another Partner State; and such goods
shall on exportation, be subject at the place of exportation only to the export
duty, restrictions and conditions imposed under the law of the Partner State
in which they were grown, produced, or manufactured.
The exporter can claim of a refund of money spent on packing materials, e.g.,
boxes, Gunny bags. The exporter can also claim back money paid as VAT,
during the production process of the exported goods.
Therefore,
• All goods manufactured for export must be labeled ‘produced for export
• The exporter is required to obtain an export license from the Uganda
Export Promotions Board.
• In the case of goods on which drawback is to be claimed, the particulars
on the entry are, whenever possible, to be compared with the particulars
of the respective import entry.
• No drawback is payable on damaged or spoilt goods, unless the desig-
nated officer is satisfied that the goods were accidentally destroyed on
board or were materially damaged after loading, and have been aban-
doned to the Customs.
• Also, drawback may not be allowed on provisional entries i.e. only goods
that were perfectly cleared and in respect of which an invoice was pre-
sented to Customs may be considered for drawback.
Prohibited exports are listed in Part A of the Third Schedule of the EAC-CMA.
Ideally these are all goods the exportation of which is prohibited under this
Act or by any written law for the time being in force in the Partner States e.g.
narcotic drugs. See Sec 70 (1) of the EACCMA
Restricted exports are listed in Part B of the Third Schedule of the EAC-CMA
E.g. Waste and scrap of ferrous cast iron, timber from any wood grown in
the Partner States. Sec 70 (2) of the EACCMA
The following goods shall not be exported in vessels of less than two hundred
and fifty tons register—
• Warehoused goods;
• Goods under duty drawback;
• Transshipped goods.
Note:
The Schedule for prohibited and restricted goods may by order in the gazette
be amended by the Council to specify the goods of which their exportation
is to be prohibited or restricted either generally or in particular cases.
The Council may by order in the gazette prohibit or restrict the exportation
of goods from a Partner State either to all places or to any particular country
or person.
Goods in transit, transshipment or goods exported as stores of a vessel or
aircraft unless it is otherwise stated, they are not affected by provisions of
Sect. 70 & 71 of the EAC-CMA, 2004. Nonetheless, we should further note
that although the law of prohibitions/restrictions does not bind these goods
they should be exported within such a time as the Commissioner may specify.
17.0 | 18.0
Clearance and
Clearance of Temporary Exports
Temporary Exports
For goods under temporary export, there is need to have a detailed examina-
tion account on the export entry which should be endorsed by the Customs
station of exit. This copy will be used to support the declaration by the owner
at the time of the re-importation of the goods as supporting evidence for
the goods that were temporarily exported in order for the goods not to be
taxed as fresh imports if they are re-imported in the same state as that at
the time of exportation.
Where goods on re-importation are liable to duty, the value of such goods
shall be the amount of the increase in value attributable to:
a) Repairs outside the Partner State;
b) Equipment or other goods added and related work done outside the
Partner State;
c) Processing or manufacturing done outside the Partner State;
d) Any other costs incurred outside the Partner State
The SE1 is configured in Asycuda world like any other regimes but unique
because of its simplified nature purposely to ease cross border trade which
is normally informal in nature
Briefs on;
19.0 |20.0
Exemption Regimes
Exemption Regimes
The EACCMA outlines goods that shall not be charged duty under the 5th
schedule. This is done in 2 parts:
20.0 |21.0The
TheSingle Customs
Single Customs Territory
Territory (SCT)
(SCT)
A Single Customs Territory is the full attainment of the Customs Union achiev-
able through removal of trade restrictions including minimization of internal
border controls.
20.5.3 Transporters
These need to acquire Transit License from the respective Revenue Authori-
ties. Customs/Clearing Agents involved in the clearance process may choose
to operate under the Mutual Recognition of Customs Agents and/or relocate
to the First points of Entry (Dar es Salaam, Mombasa)
Note: those who wish to operate businesses in other Partner States must meet
the legal requirements for business registration. Customs/Clearing Agents
that are licensed by one Partner state are recognized in the other Partner
states and are granted access rights to operate in the respective Customs
Systems to facilitate the clearance of cargo destined to and from their re-
spective countries.
20.6 Handling Customs clearance in a partner state
The Customs Agent can handle processes in another country where they have
no presence. The Customs agent may nominate another agent to handle Port
Processes, the nominated agent is captured in Box 51 of the SCT declaration.
The Customs Agent responsible for the clearance of the cargo shall super-
vise the physical examination of the goods. It’s possible to sell goods where
duties and taxes have been paid in another Partner State other than the
destination country subject to approval from the Commissioners of Customs
of the destination state and the state where the goods are to be sold.
20.9 Responsibility if the bonded cargo does not reach its intended
destination
The clearing agent executes a regional Bond Guarantee for Bonded Cargo
and is therefore responsible for ensuring that it reaches the final destination.
Note: If Ugandan destined goods arrive at the ports and are not entered
for Customs Clearance, the goods not declared within 21 days are liable for
auction (refer to ECMCMA)
The Regional Customs Transit Guarantee Bond that is used to secure ware-
housed Goods (WT8) that are on transit within the COMESA and the EAC
Regions. The RCTG is housed and managed in The RCTG MIS system by the
COMESA RCTG Technical team
The declarant must monitor the performance of their RCTG accounts. E.g.
bond balances, active carnets etc. the declarant can acquire rights in the MIS
system from COMESA RCTG technical team.
To install the system, one needs internet connectivity of at least 124kb (broad-
band technology). The computer should have a memory (RAM) of at least
1GB, processor of 1.6 ghz, a hard disk free space of at least 50GB and Java
(anyone can install Java on their computers; it is freely downloadable from
the internet). One may need any type of printer and a document scanner for
scanning all commercial documents to attach to the declaration.
There is need for an Adobe Reader for reading documents in PDF format.
There are no financial costs incurred when installing ASYCUDA World. Install
the current version of Java on your computer and do not need to pay anyone.
ASYCUDA World doesn’t need to be installed on your computer; you access
it through the internet
21.2 Authorization
The persons are authorized to use the system include Licensed Clearing
Agents, Bond Keepers, Customs Officers, Cargo Handlers, and Importers/
Exporters. However in order to access, all users have to complete a user ap-
plication form that has to be signed by the company Chief Executive Officers
and approved by the Customs Station Managers. The form as earlier indicated
can be accesses on the link provided. All parties involved in the international
trade chain have to abide by law (East African Community Customs Manage-
ment Act) and all the necessary laws application.
Passwords must never be shared in ASYCUDA World. In the event that you
shared and you discovered that you did, the URA may institute criminal
charges against you and or your company’s operations may be suspended
among others.
Although the system is electronic, Direct Trader Inputs are no longer nec-
essary. DTI’s provide computers and connectivity so that clearing agents
can use the services to make declarations. Before introduction of ASCYDA
World, DTI staff used to capture entries on behalf of the agents, however, with
ASYCUDA World, all clearing agents will be given user rights and can lodge
entries in their offices and not necessarily in DTIs. Every user has to access
the system as an individual and it is important to note that the person whose
user name is used to log into the system, will be responsible for every act.
A declaration is rendered submitted when taxes have been paid in the bank
or assessed if no payment is required. Before assessment, all the necessary
documents shall be scanned and attached to the declaration. Such scanned
documents should not be greater than 500 kilobytes (KBs) in size. You may
need to come to URA if customs requires you to provide additional infor-
mation to complete a customs clearance such as physical examination of
goods. However, it is envisaged that the declarants may not need to come
to Customs offices since documents can be scanned and submitted from
wherever one is using the internet.
Notifications will be sent to both the clearing agent and the importer through
email and SMS respectively at every stage of document clearance. Importers
and clearing agents may send inquiries on customs clearances using email
or get status of their declarations using their mobile phones by entering the
office code and the declaration reference. Queries will be managed using a
prescribed form on ASYCUDA World, where customs officers and the clearing
agents will submit and answer queries using email: asycudasupport@ura.
go.ug and SMS: 8117) online. Importers and clearing agents may also send
inquiries on customs clearances on the contacts below.
22.0 |23.0
Customs Trade
Customs Facilitation
Trade Initiatives
Facilitation Initiatives
The regional AEO program therefore runs alongside the national program.
An applicant to the regional AEO is expected to be familiar with the AEO
Program after having participated as a National AEO Operator.
Importers/Exporters/Manufacturers
• Expedited processing of entries/declarations – AEO declarations will be
given priority throughout the whole clearance process. This will include;
• Automatic passing of declaration.
• Once all conditions for lodgment of a declaration are fulfilled by the AEO,
the declaration shall be lodged and thereafter system released.
• No physical or document examination except for random or risk based
interventions/exceptional cases. Where the AEO declaration is randomly
selected to the red or yellow lane, priority treatment shall be given during
examination. The AEO shall also have the option to choose the location
for the physical examination.
• ECTS requirement waiver where applicable.
• In cases where the ECTS is required, the AEO shall also have the option
to choose whether to use it or not.
• Expedited payment of refund claim.
• Priority shall be given in processing of the refund claims. Where appli-
cable, some procedures will be simplified for the AEO.
• Reduced Customs security wherever applicable
• Subject to relevant provisions of law/regulations, consideration for a lower
Customs Security on a case-to-case basis will be granted to the AEO.
Customs Agents
• Guaranteed renewal of Customs agent’s license
• The renewal of the AEO Customs Agent’s license shall not be subject to
the vetting process but the AEO shall be required to make payment for
licensing fees and any other related payments.
• Priority to participate in Customs initiatives
• The AEO will be given first opportunity to take part in new trade facili-
tation initiatives within EAC Revenue Authorities.
• Priority treatment in cargo clearance chain
• Any consignment declared by the AEO Customs Agent will be processed
before the non-AEO declarations.
• Waiver of movement bond for AEO
• The AEO’s goods in transit to the warehouses will be exempted from
movement bond requirements. This will only apply to consignments
where the Importer/Exporter, Customs Agents, and the transporter are
ALL AEOs.
Transporters
• Guaranteed renewal of transit goods license and any other licenses is-
sued by Customs.
• The renewal of licenses issued by Customs will not be subject to the vet-
ting process but the AEO shall be required to make payment for licensing
fees and any other related payments.
• Exemption from the mandatory use of Customs Electronic Cargo Tracking
System (ECTS).
• In cases where the ECTS is required, the AEO will enjoy the benefit of
optional use of ECTS.
• Priority clearance at the borders.
• Subject to adequacy, consignments transported by the AEO will enjoy
expedited border processes.
Warehouse Operators
• Self-management of bonded warehouse: The AEO will be granted the
privileged to self-manage his/her bonded warehouse. Self-managed
bonded warehouse is a facility extended to a warehousing operator where
the responsibilities of a Customs Officer are delegated to the bonded
warehouse operator. The Warehouse Operator is required to adhere to
the provisions of the law and any other conditions that may be given by
the Commissioner. This enhances flexibility of bonded warehouse oper-
ations in terms of time and cost.
• Guaranteed renewal of AEO Warehouse Operator’s license
• shall not be subject to the vetting process but the AEO shall be required
to make payment for licensing fees and any other related payments.
• Reduced Customs security wherever applicable
• Subject to relevant provisions of law/regulations, consideration for a lower
Customs security on a case-to-case basis will be for an AEO.
• As at November 2020, at the regional level, there’re now 31 companies
accredited as Regional AEO Operators operating in the EAC and 84
companies are accredited as National AEO Operators in Uganda.
All AEO importers are blue lane companies which means risks are addressed
through post importation audit, therefore if a physical examination of con-
signments of AEO importers must take place, it can only be done when
necessary and after consultation with the AEO team.
In the event that system challenges arise, the manager, supervisors and station
heads always ensure that priority treatment is maintained to ensure that the
challenges are sorted in real time.
The AEO agent is given priority treatment, the transaction will none the less
go through normal procedures as required.
The system which is premised on GPS technology offers real time location
of a truck on which an electronic seal is attached and an alert is triggered
in-case of tampering or diversion of such a truck.
To transporters
• Ability to see the location of their trucks all the time using their mobile
devices
• ECTS provides a system report as evidence of arrival at destination
• Transporters can monitor the effectiveness of their drivers i.e. speed,
location of parking, diversion from agreed routes
• Reduced costs i.e. fuel, facilitation for drivers
• Increased turnover due to reduced customs physical controls, hence
more income
• Reduced tear and wear and increased life span of the truck due to full
time monitoring
• Transporters are able to bill their clients more accurately
• Improved customer service
• Ability to manage and communicate with your fleet via mobile device
and receive exceptional alerts when the consignee is away from office
• Insurance discounts due to the enhanced confidence from an assured
business tracking system
• Theft recovery; minute by minute tracking helps to identify the exact
location of one’s vehicle which enhances theft recovery
To manufacturers and exporters
• Fair terms of trade due to system efficiency
• Monitoring goods in their warehouses
• Reduced costs i.e. on escort charges, fuel, facilitation for drivers
• Increased turnover due to reduced customs physical controls, hence
more income
• A manufacturer is able to bill his/ her clients more accurately
• Ability to monitor the location of their goods all the time
• Provide system report as evidence of arrival at destination
• Theft recovery; minute by minute tracking helps to identify the exact
location of your goods hence enhancing theft recovery
Drivers
• Provide accurate information in form of preceding transaction clearance
documents
• Submit the correct personal mobile contacts for ease of contact
• Keep within the gazetted transit routes while conveying transit goods
• Report any transit incidences to the nearest Customs station on time
• Respond to inquiries and queries paused by Customs in the course of
movement
Clearing agents:
• Execute a transit Bond with the Insurance companies
• Prepare accurate transit declarations (IM8), and attach all the necessary
accompanying documents
• Account for all the outstanding transit transactions within the schedule
Customs
• Monitor the movement of goods in Transit to avert possible diversion.
This is done through:
• Generation of the Transit document (T1)
• Respond to transit incidences (e.g. seal breakage and cargo diversion
among others
• Facilitate transit related activities like transshipments and change of
destinations
• Respond to Transit Alerts generated in the course of Transit, and
• System validation of arrival at the destination station
The UESW provides a platform on which all parties involved in trade and
transport can lodge standardized information and documents at a single
point to fulfill all import, export, and transit -related regulatory requirements.
The System is built on ASYCUDA World platform shall use by all the govern-
ment agencies and clients to perform international trade related transactions
The Vision:
To be leading single access platform for international trade facilitation
The Mission:
To provide transparent, efficient, integrated electronic environment that will
reduce the cost of doing business and increase trade competitiveness
To develop and implement the UESW system that is fully automated and web
based in order to facilitate trade through;
• Efficiency; streamlined procedures that are cost effective
• Transparency; i.e. accurate, reliable and timely information online
• Competitiveness; through improved conditions of doing business, ca-
pacity building and use of technology
The Vision:
To be leading single access platform for international trade facilitation
The Mission:
To provide transparent, efficient, integrated electronic environment that will
reduce the cost of doing business and increase trade competitiveness
• To develop and implement the UESW system that is fully automated and
web based in order to facilitate trade through;
• Efficiency; streamlined procedures that are cost effective
• Transparency; i.e. accurate, reliable and timely information online
• Competitiveness; through improved conditions of doing business, ca-
pacity building and use of technology
22.5.1 Objectives
The law allows the Commissioner General to enforce the collection of tax that
has been assessed where the assessed person has refused or failed to comply.
In this case, the taxes may be collected using various methods, such as:
By Distress: Whereby goods on which the assessed person has a claim are
sold in order to recover tax
1.2 Regulations
The Minister responsible for Finance and in respect of customs taxes at the
EAC makes regulations for the better carrying out of the provisions of the
main Acts.
The regulations other than for customs are made by way of Statutory Instru-
ments, which include:
1.3 Rulings
1.3.1 Practice Notes
A private ruling can then be made to the taxpayer on the facts disclosed.
However where there is any inconsistency between a practice note and a
private ruling, priority is given to the terms of the private ruling.
Uganda has treaties with some countries such as the United Kingdom,
Netherlands, South Africa, Denmark, Mauritius, India and Italy, which provide
different tax regimes from that in the Income Tax Act i.e. different tax regimes
from that in the Income Tax Act i.e. different tax rates for dividends, interest,
loyalties, technical and management fees, among others.
The Partner states have created SCT liaison offices for efficient coordination
of SCT activities.