Stamp Duty Act Cap 339

11720 Cap. 339.
] Stamp Duty Act
CHAPTER339
THE STAMP DUTY ACT
Arrangement of Sections
Section
PART I-INTERPRETATION
1. Interpretation
PART II-STAMP DUTY
Liability of instruments to duty
2. Instruments chargeable with duty

3. Several instruments used in single transaction of sale, mortgage
or settlement
4. Instruments relating to several distinct matters
5. Instruments coming within several descriptions in Schedule 2
6. Marine insurance contract to be expressed in marine policy
7. Persons carrying on insurance business to file returns
8. Stamp duty on capital of companies
Duty by whom payable
9. Expense of providing proper stamp
Stamps and mode of using them
10. Duties, how to be paid

11. Denoting duty
12. Provisions relating to duplicates and counterparts
Time of stamping documents
13. Instruments executed in Uganda

14. Instruments executed outside Uganda
15. Bills and notes drawn outside Uganda
Stamp Duty Act [Cap. 339. 11721
Valuations for duty
16. Conversion ofamount expressed in foreign currencies

17. Stock and marketable securities, how to be valued
18. Effect ofstatement ofrate ofexchange or average price
19. Instruments reserving interest
20. Certain instruments connected with mortgages ofmarketable
securities to be chargeable as agreements
21. How transfer in consideration ofdebt or subject to future payment
to be charged
22. Valuation in case ofannuity
23. Facts affecting duty to be set forth in instrument
24. Direction as to duty in case ofcertain conveyances
25. Reconstruction or amalgamation ofcompanies
26. Transfers between associated companies
27. Transfers during lifetime ofperson transferring
PART III-DETERMINATION AS TO STAMPS
28. Determination as to proper stamp
29. Certificate by Uganda Revenue Authority
PART IV-INSTRUMENTS NOT DULY STAMPED
30. Examination and impounding ofinstruments

31. Instruments not duly stamped inadmissible in evidence
32. Where admission ofinstrument not to be questioned
33. Instruments impounded, how dealt with
34. Power ofCommissioner to stamp instruments impounded
35. Instruments unduly stamped by accident
36. Endorsement ofinstruments on which duty has been paid
37. Prosecution for offence under Act
38. Persons paying duty or penalty may recover it in certain cases
39. Power ofCommissioner to refund penalty or excess duty in
certain cases
40. Non-liability for loss ofinstruments
PART V-ALLOWANCES FOR SPOILED STAMPS IN CERTAIN CASES
41. Allowance for spoiled stamps

11722 Cap. 339.J Stamp Duty Act
42. Allowance in case of printed forms no longer required by

corporations
43. Allowance for misused stamps
44. Allowance for spoiled or misused stamps, how to be made
45. Allowance on renewal of certain debentures
PART VI-OBJECTIONS AND APPEALS
46. Objection to decision

47. Appeal to Tribunal
48. Appeal to High Court
49. Appeal to Court of Appeal
50. Burden of proof
51. Duty as debt due to Government
52. Recovery of duty from other persons
53. Collection of duty by distraint
54. Duties of receivers
55. Security on property for unpaid duty
PART VII-CRIMINAL OFFENCES AND PROCEDURE
56. Penalty for executing instrument not duly stamped

57. Penalty for failure to cancel adhesive stamp
58. Penalty for not making out policy, or making one not duly stamped
59. Penalty for not drawing full number of bills or marine policies
purporting to be in sets
60. Penalty for postdating bills, and for other devices to defraud
Government of revenue
61. Offences in relation to stamps
PART VIII-MISCELLANEOUS
62. Books to be open to inspection

63. Re-characterisation of instruments under Islamic financial
business
64. Power to amend Schedules
65. Regulations
66. Saving
SCHEDULES
Schedule I Currency Point
Schedule 2 Stamp Duty on Instruments
Schedule 3 Expense of Providing Proper Stamp

11724 Cap. 339.] Stamp Duty Act
CHAPTER339
THE STAMP DUTY ACT
Commencement: l July, 2014 all

sections except items 8 and 63(b)
of Schedule 2 which commenced
on 24 October, 2014
An Act to provide for stamp duty and related matters.
PART I-INTERPRETATION
1. Interpretation
In this Act, unless the context otherwise requires-

"banker" includes a bank and any person acting as a banker under the
Financial Institutions Act;
"bill of exchange" means a bill of exchange as defined by the Bills of
Exchange Act;
"bill of exchange payable on demand" includes-
(a) an order for the payment of any sum of money by a bill of
exchange or promissory note, or for the delivery ofany bill
of exchange or promissory note in satisfaction ofany sum
of money, or for the payment of any sum of money out of
any particular fund which may or may not be available, or
upon any condition or contingency which may or may not
be performed or happen;
(b) an order for the payment of any sum of money; and
(c) a letter of credit;
"bill oflading" includes a "through bill oflading" but does not include
a mate's receipt;
"bond" includes-
a
( ) an instrument by which a person obliges himselfor herself
to pay money to another, on condition that the obligation
shall be void if a specified act is performed, or is not
performed, as the case may be;
(b) an instrument attested by a witness and not payable to order

or bearer, by which a person obliges himself or herself to
pay money to another; and
(c) an attested instrument by which a person obliges himself
or herself to deliver grain or other agricultural produce to
another;
"chargeable" means an instrument chargeable under this Act or any
other law in force in Uganda when the instrument was executed
or, where several persons executed the instrument at different
times, first executed;
"cheque" means a bill of exchange drawn on a specified banker and
payable on demand;
"citizen" means-
(a) a natural person who is a citizen of a Partner State of the
East African Community;
(b) a company or body of persons incorporated under the laws
of a Partner State of the East African Community in which at
least fifty-one percent of the shares are held by a person who
is a citizen of a Partner State of the East African Community;
"Commissioner General" means the Commissioner General appointed
under the Uganda Revenue Authority Act;
"conveyance" includes a conveyance on sale and every instrument by
which movable or immovable property is transferred during the
lifetime of the person transferring and which is not
otherwise specifically provided for by this Act;
"conveyance on sale" includes every instrument and every decree or
order of a court by which any property, or any estate or interest
in any property, upon its sale is transferred to or vested in a
purchaser, or any other person on behalf of the purchaser or by
the direction of the purchaser;
"currency point" has the value assigned to it in Schedule 1 to this Act;
"debenture" has the meaning assigned to it in the Companies Act;
"deed" includes an instrument which confers a right or passes an
interest or gives a title or authority;
"duly stamped", as applied to an instrument, means-
(a) that the instrument bears an impressed stamp of the proper
amount and that the stamp has been affixed or used in
accordance with the law for the time being in force in
Uganda; and
(b) stamped in any manner prescribed by the Commissioner

General;
"executed" and "execution", used with reference to instruments, mean
"signed" and "signature" respectively;
"impressed stamp" includes-
(a) labels affixed and impressed by the officer;
(b) stamps embossed or engraved on stamped paper; and
(c) stamps of any other manner prescribed by the Commissioner
General;
"instrument" includes a document by which a right or liability is, or
purports to be created, transferred, limited, extended, extinguished
or recorded;
"instrument of partition" means an instrument by which co-owners of
any property divide or agree to divide the property in severalty
and includes a final order for effecting a partition passed by any
court and an award by an arbitrator directing a partition;
"Islamic financial business" means financial business undertaken by a
person that conforms to Shari' ah principles and includes-
(a) the business of receiving property into profit sharing
investment accounts or of managing such accounts;
(b) any other business of a person which involves or is intended
to involve the entry into one or more contracts under
Shari' ah or otherwise carried out or purported to be carried
out in accordance with Shari' ah principles including-
(i) equity or partnership financing;
(ii) lease-based financing;
(iii) sale-based financing;
(iv) currency exchange contracts; or
(v) fee-based activity;
(c) the purchase of bills of exchange, certificates of Islamic
deposit or other negotiable instruments;
(d) the acceptance or guarantee of any liability, obligation or
duty of any person; and
(e) the business of providing finance by all means including
through the acquisition, disposal or leasing of assets or
through the provision of services which have similar
economic effect and are economically equivalent to any
other financial business;
"lease" has the meaning assigned to it under the Registration of Titles
Act;
"marketable security" means a security capable of being sold on a

stock market;
"mate's receipt" means a document signed by an officer of a vessel
evidencing receipt of a document of a shipment on board
the vessel not being a document of title and issued as an
interim measure until a proper bill of lading can be issued;
"mortgage deed" includes an instrument by which, for the purpose of
securing money advanced, or to be advanced, by way of loan, or
an existing or future debt, or the performance of an engagement,
one person transfers, or creates, to, or in favour of, another, a
right over or in respect of specified property;
"officer" means a person whose right or duty it is to require the
performance of or to perform, the acts referred to in this Act;
"policy of insurance" includes-
(a) an instrument by which one person, in consideration of
a premium, engages to indemnify another person against
loss, damage or liability arising from an unknown or
contingent event; or
(b) a life policy, and a policy insuring a person against accident
or sickness, and any other personal insurance;
"policy of sea insurance" or "sea policy"-
(a) means any insurance made upon a ship or vessel, or upon
the machinery, tackle or furniture of a ship or vessel, or
upon goods, merchandise or property of any description
on board of a ship or vessel, or upon the freight of, or any
other interest which may be lawfully insured in, or relating
to, a ship or vessel;
(b) includes any insurance ofgoods, merchandise or property for
transit which includes, not only a sea risk within the meaning
of subparagraph (a), but also any other risk incidental to the
transit insured from the commencement of the transit to the
ultimate destination covered by the insurance; and
(c) where any person, in consideration of any sum of money
paid or to be paid for additional freight or otherwise, agrees
to take upon himself or herself any risk attending goods,
merchandise or property of any description while on board
of any ship or vessel, or engages to indemnify the owner
of any such goods, merchandise or property from any risk,
loss or damage, the agreement or engagement shall be
deemed to be a contract for sea insurance;
"power of attorney" includes an instrument empowering a specified

person to act for and in the name of the person executing the
instrument;
"promissory note" has the meaning assigned to it in the Bills of
Exchange Act;
"receipt" includes a note, memorandum or writing whether the note,
memorandum or writing is or is not signed with the name of
a person-
(a) by which any money, or any bill of exchange, cheque or
promissory note is acknowledged to have been received;
(b) by which any other movable property is acknowledged to
have been received in satisfaction of a debt;
(c) by which a debt or demand, or any part of a debt or demand,
is acknowledged to have been satisfied or discharged; or
(d) which signifies or imports the acknowledgement;
"Revenue Authority" means the Uganda Revenue Authority established
under the Uganda Revenue Authority Act;
"settlement" means a non-testamentary disposition in writing of
movable or immovable property made-
(a) in consideration of marriage;
(b) for the purpose of distributing property of the settlor among
his or her family or those for whom he or she desires to
provide, or for the purpose of providing for some person
dependent on him or her; or
(c) for any religious or charitable purpose, and includes an
agreement in writing to mak e such a disposition, and
where any disposition has not been made in writing any
instrument recording, whether by way of declaration of
trust or otherwise, the terms of any such disposition;
"tak aful" means insurance business condqcted in accordance with
Shari'ah principles;
"Tribunal" means the Tax Appeals Tribunal established under the Tax
Appeals Tribunals Act.
PART II-STAMP DUTY
Liability of instruments to duty
2. Instruments chargeable with duty
(1) Subject to this Act, the following instruments shall be chargeable

with duty in accordance with Schedule 2 to this Act-
(a) every instrument mentioned in Schedule 2 to this Act which,
not having been previously executed by a person, is executed in
Uganda and relates to property situated, or to a matter or thing
done or to be done, in Uganda;
(b) a bill of exchange, cheque or promissory note drawn or made
outside Uganda and accepted or paid, or presented for acceptance
or payment, or endorsed, transferred or otherwise negotiated, in
Uganda; and
(c) every instrument, other than a bill of exchange, cheque or
promissory note, mentioned in Schedule 2 to this Act, which,
not having been previously executed by any person, is executed
outside Uganda and relates to property situated, or to a matter or
thing done or to be done, in Uganda and is received in Uganda.
(2) Notwithstanding subsection (1), duty is not chargeable in respect

of an instrument executed by, or on behalf of, or in favour of, the Government
in any case where, but for this exemption, the Government would be liable
to pay the duty chargeable in respect of the instrument.
(3) Notwithstanding subsection (1), duty is not chargeable in respect

of an instrument executed by, or on behalf of, or in favour of institutions
that are listed in Schedule 2 of the Income Tax Act and organisations listed
in Schedule 2 of the Value Added Tax Act, in any case where but for this
exemption, the institution or organisation would be liable to pay the duty
chargeable in respect of the instrument.
3. Several instruments used in single transaction of sale, mortgage

or settlement
(1) Where, in the case of a sale, mortgage or settlement, several

instruments are employed for completing the transaction-
11730 Cap. 339.) Stamp Duty Act
(a) th e principal instrument only sh all be ch argeable with the

duty prescribed in Schedule 2 to this Act for th at conveyance,
mortgage or settlement; and
(b) each of the oth er instruments shall be ch argeable with a duty
specified in Schedule 2 to this Act.
(2) Notwithstanding subsection (1), a power of attorney empowering

a person to execute or to register a sale, mortgage or settlement shall be
chargeable with the duty prescribed in Schedule 2 to this Act, for the power
of attorney.
(3) The parties may determine for themselves which of the

instruments for the purposes of subsection ( 1), shall be considered the
principal instruments but only if the duty chargeable on the instrument
determined shall be the highest duty which would be chargeable in respect
of any of the instruments employed.
(4) An instrument modifying the terms of a mortgage in respect of

the reduction of the principal or raising or reducing the rate of interest or
varying the terms of repayment of the principal shall be charged duty as an
agreement.
4. Instruments relating to several distinct matters
An instrument comprising or relating to several distinct matters shall be

chargeable with the total amount of the duties with which the separate
instruments, each comprising or relating to one of such matters, would be
chargeable under this Act.
5. Instruments coming within several descriptions in Schedule 2
(1) Subject to section 3, an instrument so framed as to come within

two or more of the descriptions in Schedule 2 to this Act shall, where the
duties chargeable under those descriptions are different, be chargeable only
with the highest of the duties.
(2) Notwithstanding subsection (1), this Act shall not render

chargeable with the duty prescribed in Schedule 2 to this Act in respect of a
counterpart or duplicate of an instrument in respect of which the proper duty
has been paid.
6. Marine insurance contract to be expressed in marine policy
A contract for marine insurance shall not be valid unless it is expressed in

a marine policy in accordance with the law relating to marine insurance.
7. Persons carrying on insurance business to file returns
(1) A person carrying on the business of insurance shall file monthly

returns with the Commissioner of all sums received in respect of premiums
and stamp duty paid on the policies of insurance.
(2) Notwithstanding subsection (1), a manager of a takaful business

shall file with the Commissioner, monthly returns of all sums received in
respect of contributions and stamp duty paid on the policies of takaful on
behalf of the participants in each group in the takaful business.
(3) On the basis of the monthly returns filed under subsection (1),
the Commissioner shall ascertain that the person has paid the proper duty.
(4) Where a person fails to deliver the returns under this section, the
person shall pay simple interest of two percent of the duty payable for every
month during which the failure continues.
8. Stamp duty on capital of companies
(1) Where a company is to be incorporated in Uganda with limited

liability, or where the nominal share capital of a company incorporated in
Uganda is to be increased, there shall be delivered, as the case may be, to
the Registrar of Companies-
(a) a statement of the amount which is to form the nominal share
capital of the company to be incorporated; or
(b) a statement of the increase of the nominal share capital which
may embody the notice of increased capital required by the
Companies Act.
(2) The statements referred to in subsection (1) shall be charged with

duty as specified in Schedule 2 to this Act.
(3) The statement of the amount of any increase of nominal capital

which is required to be delivered under subsection ( l )(b)-
(a) shall be delivered to the Registrar of Companies within thirty

days after the passing of the resolution authorising the increase;
and
(b) in default of delivery, the duty, with simple interest on the duty at
the rate of two percent per year from the passing of the resolution,
shall be recoverable summarily as a civil debt from the company.
Duty by whom payable
9. Expense of providing stamp
The expense of providing the proper stamp shall be as set out in Schedule 3
to this Act.
Stamps and mode of using them
10. Duties, how to be paid
Except as expressly provided in this Act, all duties with which any
instruments are chargeable shall be paid, and the payment shall be
evidenced in a manner the Minister may prescribe.
11. Denoting duty
Where the duty with which an instrument is chargeable, or its exemption

from duty, depends upon the duty actually paid in respect of another
instrument, the payment of the last mentioned duty shall, if application
is made in writing to the Commissioner for that purpose, and on
production of both the instruments, be denoted upon the first mentioned
instrument by endorsement in the prescribed form by the Commissioner.
12. Provisions relating to duplicates and counterparts
The duty on a counterpart of duplicates on an instrument, other than a

lease, shall not be taken as paid or exemption granted unless duty has been
paid or exemption granted in respect of the original instrument.
Time of stamping documents
13.Instruments executed in Uganda
An instrument chargeable with duty which is executed by a person in Uganda

shall be stamped within forty-five days of execution.
14. Instruments executed outside Uganda
(1) An instrument chargeable with duty which is wholly executed

outside Uganda shall be stamped within thirty days of being received in
Uganda.
(2) Notwithstanding subsection (1), a promissory note or bill of

exchange payable on demand or at not more than thirty days from sight or
date shall be stamped within seven days of being received in Uganda.
15. Bills and notes drawn outside Uganda
(1) The first holder in Uganda of a bill of exchange or promissory

note drawn or made outside Uganda shall, before he or she presents it for
acceptance or payment, or endorses, transfers or otherwise negotiates it in
Uganda, affix to it the proper stamp and cancel the stamp in the manner
prescribed under this Act.
(2) Notwithstanding subsection (1), if at the time the bill of exchange,

or note comes into the hands of a holder in Uganda-
(a) the proper stamp is affi xed to it and cancelled in the manner
prescribed; and
(b) the holder has no reason to believe that the stamp was affixed or
cancelled otherwise than by the person and at the time required
by this Act,
the stamp shall, so far as relates to that holder, be taken to have been duly
affixed and cancelled.
(3) Subsection (2) does not relieve a person from a penalty incurred
by him or her for omitting to affix or cancel a stamp.
Valuations for duty
16. Conversion of amount expressed in foreign currencies
Where an instrument is chargeable with duty in respect of any money

expressed in a currency other than that of Uganda, the duty shall be
calculated on the value of the money in the currency of Uganda according
to the Bank of Uganda exchange rate applying between the currency and
the Uganda Shilling on the date of execution of the instrument.
17. Stock and marketable securities, how to be valued
(1) Where an instrument is chargeable with duty in respect of any

stock or of any marketable or other security, the duty shall be calculated on
the value of the stock or security according to the average price or the value
of the stock or security on the date of the instrument.
(2) Notwithstanding subsection (1), where the consideration for a

conveyance or transfer of property is stock or any marketable or other security
and in the opinion of the Commissioner the consideration is inadequate,
having regard to the value of the stock or security calculated as provided
in subsection (1), duty shall be charged on the value of the property to be
conveyed or transferred.
18. Effect of statement of rate of exchange or average price
Where an instrument contains a statement of the current rate of exchange,

or average price, as the case may require, and is stamped in accordance with
the statement, it shall, so far as regards the subject matter of the statement,
be presumed, until the contrary is proved, to be duly stamped.
19. Instruments reserving interest
Where interest is expressly made payable by the terms of an instrument, the

instrument shall not be chargeable with duty higher than that with which it
would have been chargeable had no mention of interest been made in the
instrument.
20. Certain instruments connected with mortgages of marketable

securities to be chargeable as agreements
(1) Where an instrument, other than a promissory note or bill of

exchange-
(a) is given upon the occasion of the deposit of a marketable security
by way of security for money advanced or to be advanced by way
of loan, or for an existing or future debt; or
(b) makes redeemable or qualifies a duly stamped transfer intended
as a security, of a marketable security,
it shall be chargeable with duty as if it were an agreement or memorandum
of an agreement chargeable with duty under Schedule 2 to this Act.
(2) A release or discharge of an instrument shall be chargeable with

the same duty as that of the instrument.
21. How transfer in consideration of debt or subject to future payment

to be charged
(1) Where property is transferred to a person in consideration,

wholly or in part, of any debt due to the person, or subject either certainly
or contingently to the payment or transfer of any money or stock, whether
being or constituting a charge or incumbrance upon the property or not, the
debt, money or stock is to be taken as the whole or part, as the case may be,
of the consideration in respect of which the transfer is chargeable with duty.
(2) Subsection (1) does not apply to a certificate of sale mentioned in

Schedule 2 to this Act.
(3) In the case of a sale of property subject to a mortgage or other

incumbrance, any unpaid mortgage money or money charged, together with
the interest, if any, due on the incumbrance, shall be taken to be part of the
consideration for the sale.
(4) Where property subject to a mortg ag e is transferred to the

mortgagee, the mortgagee shall be entitled to deduct from the duty payable
on the transfer, the amount of any duty already paid in respect of the
mortgage.
22. Valuation in case of annuity
Where an instrument is executed to secure the payment of an annuity or

other sum payable periodically, or where the consideration for a conveyance
is an annuity or other sum payable periodically, the amount secured by the
instrument or the consideration for the conveyance, as the case may be,
shall, for the purposes of this Act, be considered to be-
(a) where the sum is payable for a definite period so that the total
amount to be paid can be previously ascertained, such total amount;
(b) where the sum is payable in perpetuity or for an indefinite time
not terminable with any life in being at the date of the instrument
or conveyance, the total amount which, according to the terms
of the instrument or conveyance, will or may be payable during
the period of twenty years calculated from the date on which the
first payment becomes due; and
(c) where the sum is payable for an indefinite time terminable with
any life in being at the date of the instrument or conveyance, the
maximum amount which will or may be payable as described in
paragraph (b) during the period of twelve years calculated from
the date on which the first payment becomes due.
23. Facts affecting duty to be set forth in instrument
(1) The consideration, if any, and all other facts and circumstances
affecting the chargeability of an instrument with duty, or the amount of the
duty with which it is chargeable, shall be set out in the instrument.
(2) The Commissioner may require a person executing or a person

employed or concerned in the preparation of an instrument to give evidence
on oath or by affidavit that the facts and circumstances in the instrument
are fully and truthfully set out and for that purpose the Commissioner may
administer an oath.
(3) A person who, with intent to defraud the Government-

(a) executes an instrument in which all the facts and circumstances
required by this section to be set out in the instrument are not
fully and truly set out;
(b) being employed or concerned in or about the preparation of any
instrument, neglects or omits fully and truly to set out all the facts
and circumstances; or
(c) does any other act calculated to deprive the Government of any
duty or penalty under this Act,
commits an offence and is liable, on conviction, to a fine not exceeding one
hundred currency points.
24. Direction as to duty in case of certain conveyances
(1) Wh ere any property h as been contracted to be sold for one

consideration for the whole, and is conveyed to the purchaser in separate
parts by different instruments, the consideration shall be apportioned in a
manner as the parties think fit.
(2) A distinct consideration for each separate part is set out in the
conveyance relating to each part, and each conveyance shall be chargeable
with duty in respect of the distinct consideration set out.
(3) Where property contracted-

(a) to be purch ased for one consideration for the whole by two or
more persons jointly; or
(b) by any person for himself or herself and others, or wholly for
oth ers, is conveyed in parts by separate instruments to the
persons by or for whom the property was purchased, for distinct
parts of the consideration, the conveyance of each separate part
shall be chargeable with duty in respect of the distinct part of the
consideration specified in the instrument.
(4) Where a person-

(a) having contracted for the purchase of any property but not having
obtained a conveyance of the property, contracts to sell it to any
other person; and
(b) th e property is in consequence conveyed immediately to the
sub-purchaser, the conveyance shall be chargeable with duty in
respect of the consideration for the sale by the original purchaser
to the sub-purchaser.
( 5) Where a person contracts for the purchase of property but not

having obtained a conveyance of the property, contracts to sell the whole,
or any part of it, to any other person and the property is in consequence
conveyed by the original seller to different persons in parts, the conveyance
of each part sold to a sub-purchaser shall be chargeable with duty in respect
only of the consideration paid by that sub-purchaser without regard to the

amount or value of the original consideration.
( 6) The conveyance of the residue, if any, of the property to the

original purchaser shall be chargeable with duty in respect only of the excess
of the original consideration over the aggregate of the considerations paid by
the sub-purchasers.
(7) Where a sub-purchaser takes an actual conveyance of the interest

of the person immediately selling to him or her, which is chargeable with
duty in respect of the consideration paid by him or her and is duly stamped
accordingly, any conveyance to be made afterwards to him or her of the same
property by the original seller shall be chargeable with a duty equal to that
which would be chargeable on a conveyance for the consideration obtained
by the original seller.
25. Reconstruction or amalgamation of companies
(1) Where, in connection with a reconstruction of a company

or the amalgamation of companies it is shown to the satisfaction of
the Commissioner that there exists the conditions mentioned in subsection
(4), subject to this section-
(a) the nominal share capital of the transfe ree company, or the
amount by which the capital of the transferee company has been
increased, as the case may be, shall, for the purpose of computing
the stamp duty chargeable in respect of that capital, be treated as
being reduced by either-
(i) an amount equal to the amount of the share capital of the
existing company, or, in the case of the acquisition of a
part of an undertaking, equal to that proportion of the share
capital as the value of that part of the undertaking bears to
the whole value of the undertaking; or
(ii) the amount to be credited as paid-up on the shares to be
issued as such consideration and on the shares, if any, to be
issued to creditors of the existing company in consideration
of the release of debts due or accruing due to them from
the existing company or of the assignment of the debts to
the transferee company, whichever amount is the less; and
(b) stamp duty in Schedule 2 to this Act shall not be chargeable on
any instrument made for the purposes of or in connection with
the transfer of the undertaking or shares, or on an instrument

made for the purpose of or in connection with the assignment
to the transferee company of debts, secured or unsecured, of
the existing company, nor shall such duty be chargeable on an
instrument vesting, or relating to the vesting of, the
undertaking or shares in the transferee company.
(2) An instrument under subsection (1) shall not be considered to be

duly stamped unless-
(a) it is stamped with the duty to which it would but for this section
be liable; and
(b) in the case of an instrument made for the purposes of or in
connection with a transfer to a company within the meaning of
the Companies Act, subsection ( l )(b) shall not apply unless the
instrument is either executed within twelve months from the
date of the registration of the transferee company or the date
of the resolution for the increase of the nominal share capital
of the transferee company, as the case may be; or made for the
purpose of effecting a conveyance or transfer in pursuance of
an agreement which has been filed, or particulars of which have
been filed, with the Registrar of Companies within the period of
twelve months.
(3) Subsection (2) shall not, except in the case of a debt due to a bank
or to a trade creditor, apply to a debt which was incurred less than two
years before the proper time for making a claim for exemption under this
section.
(4) The conditions referred to in subsection (1) are-
(a) that a company with a limited liability is to be registered, or that
a company has been incorporated by an Act of Parliament, or the
nominal share capital of a company has been increased;
(b) that the company, in this section referred to as "the transferee
company", is to be registered or has been incorporated or has
increased its capital with a view to the acquisition either of the
undertaking of, or of not less than ninety percent of the issued
share capital of, any particular existing company;
(c) that the consideration for the acquisition, except that part of it as
consists in the transfer to or discharge by the transferee company
of liabilities of the existing company, consists of not less than
ninety percent where an undertaking is to be acquired, in the issue
of shares in the transferee company to the existing company or

to holders of shares in the existing company; or where shares
are to be acquired, in the issue of shares in the transferee
company to the holders of shares in the existing company in
exchange for the shares held by them in the existing company.
(5) For the purposes of a claim for exemption under subsection (1)
(b), a company which has, in connection with a scheme of reconstruction or
amalgamation, issued any unissued share capital shall be treated as if it had
increased its nominal share capital.
(6) A company shall not be considered to be a particular existing

company within the meaning of this section unless-
(a) it is provided by the memorandum of association of, or an Act of
Parliament incorporating the transferee company, that one of the
objects for which the company is established is the acquisition of
the undertaking of, or shares in, the existing company; or
(b) unless it appears from the resolution, Act of Parliament or other
authority for the increase of the capital of the transferee company
that the increase is authorised for the purpose of acquiring the
undertaking of, or shares in, the existing company.
(7) In a case where the undertakings of, or shares in two or more

companies are to be acquired, the amount of the reduction to be allowed
under this section in respect of the stamp duty chargeable in respect of the
nominal share capital or the increase of the capital of a company shall be
computed separately in relation to each of those companies.
(8) In this section, unless the context otherwise requires-

(a) refe rences to the undertaking of an existing company include
references to a part of the undertaking of an existing company;
and
(b) "shares" includes stock.
26. Transfers between associated companies
(1) Stamp duty under Schedule 2 to this Act shall not be chargeable
on an instrument to which this section applies.
(2) This section applies to an instrument in respect of which it is

shown to the satisfaction of the Commissioner-
(a) that the effect of the instrument is to convey or transfer a beneficial
interest in property from one company with limited liability, in
this section called "the transferor", to another company, in this
section called "the transferee";
(b) that either-
(i) one of the companies is the beneficial owner of not less
than ninety percent of the issued share capital of the other
company; or
(ii) not less than ninety percent of the issued share capital of
each of the companies is in the beneficial ownership of a
third company with limited liability; and
(c) that the instrument was not executed in furtherance of or in
connection with an arrangement under which-
(i) the consideration for the conveyance or transfer was to
be provided directly or indirectly by a person other than
a company which at the time of the execution of the
instrument was associated with either the transferor or the
transferee; or
(ii) the beneficial interest in the property was previously
conveyed or transferred directly or indirectly by such a
person.
27. Transfers during lifetime of person transferring
(1) A conveyance or transfer operating as a voluntary disposition

during the lifetime of the person transferring shall be chargeable with the
stamp duty as if it were a conveyance or transfer on sale with the substitution
in each case of the value of the property conveyed or transferred for the
amount or value of the consideration for the sale.
(2) Where an instrument is chargeable with duty both as a conveyance

or transfer under this section and as a settlement under Schedule 2 to this Act,
the instrument shall be charged with duty as a conveyance or transfer under
this section but not as a settlement.
(3) A conveyance or transfer, not being a disposition made in favour

of a purchaser or incumbrancer or other person in good faith and for
valuable consideration, shall for the purpose of this section be taken to be a
conveyance
or transfer operati ng as a voluntary disposition during the lifeti me of

the person transferring.
PART III-DETERMINATION AS TO STAMPS
28. Determination as to proper stamp
(1) Where an instrument, whether executed or not and whether

previously stamped or not, is brought to the officer, and the person bringing
it applies to have the opinion of that officer as to the duty, if any, with which
it is chargeable and pays the prescribed fee the officer shall determine the
duty, if any, with which, in his or her judgment, the instrument is chargeable.
(2) For the purposes of subsection (1), the officer may require to be
furnished with an abstract of the instrument, an affidavit or other evidence as
he or she may consider necessary to prove that all the facts and circumstances
affecting the chargeability of the instrument with duty, or the amount of the
duty with which it is chargeable, are fully and truly set out in it.
(3) An officer may refuse to proceed upon an application until the

abstract and evidence have been furnished.
(4) Any evidence furnished under this section shall not be used against
a person in any civil proceeding, except in an inquiry as to the duty with
which the instrument to which it relates is chargeable, and every person by
whom any such evidence is furnished shall, on payment of the full duty with
which the instrument to which it relates is chargeable, be relieved from any
penalty which he or she may have incurred under this Act by reason of the
omission to state truly in the instrument any of the facts or circumstances
required.
29. Certificate by Uganda Revenue Authority
(1) Where an instrument brought to the officer under section 27 is,

in the opinion of the officer, one of a description chargeable with duty,
and(a) that officer determines that the duty is already fully stamped; or
(b) the duty determined by that officer under section 27 or such sum
as, wi th the duty already pai d in respect of the i nstrument, is
equal to the duty determined, has been paid,
that officer shall certify by endorsement on the instrument that the full duty,
stating the amount, with which it is chargeable has been paid.
(2) Where the instrument is, in the opinion of the officer, not
chargeable with duty, the officer shall certify in the manner provided in
subsection (1) that the instrument is not chargeable to duty.
(3) An instrument upon which an endorsement has been made under

this section-
(a) shall be taken to be duly stamped or not chargeable with duty, as
the case may be; and
(b) if chargeable with duty, shall be receivable in evidence or
otherwise, and may be acted upon and registered as if it had
been originally duly stamped.
(4) This section does not authorise the Commissioner to endorse

(a) an instrument executed or first executed in Uganda and brought
to the Commissioner after the expiration of one month from
the date of its execution or first execution, as the case may be;
(b) an instrument executed or first executed outside Uganda and
brought to the Commissioner after the expiration of three months
after it has been first received in Uganda; or
(c) an instrument chargeable with the duty or under or any bill of
exchange or promissory note, when brought to the Commissioner,
after the drawing or execution, not duly stamped.
PART IV-INSTRUMENTS NOT DULY STAMPED
30. Examination and impounding of instruments
(1) A person-
(a) who by law or consent of the parties has authority to receive
evidence; and
(b) who is in charge of a public office, except a police officer, before
whom an instrument chargeable, in his or her opinion, with duty,
is produced or comes in the performance of his or her functions,
shall, if it appears to that person that the instrument is not duly stamped,
impound it.
(2) A person mentioned in subsection (1) shall examine every

instrument produced or coming before him or her, in order to ascertain
whether it is stamped with a stamp of the value and description required by
law when the instrument was executed or first executed.
(3) This section shall not-

(a) be taken to require a judge or magistrate of a criminal court to
examine or impound , if he or she d oes not think fit so to do,
any instrument coming before him or her in the course of any
proceeding; or
(b) be taken to require a magistrate or justice of the peace to examine
or impound a document coming before him or her in the course
of taking an affidavit or exercising or performing any of the other
powers or duties of a notary public or commissioner for oaths.
(4) In the case of a judge of the High Court, the duty of examining
and impounding an instrument under this section may be delegated to an
officer appointed by the court for the purpose.
(5) For the purposes of this section, in case of doubt, the Minister
may determine what offices shall be taken to be public offices, and who
shall be taken to be persons in charge of public offices.
31. Instruments not duly stamped inadmissible in evidence
(1) An instrument chargeable with duty shall not-

(a) be admitted in evidence for any purpose by a person who has by
law or consent of the parties' authority to receive evidence; or
(b) be acted upon, registered or authenticated by a person, or by a
public officer,
unless the instrument is duly stamped.
(2) An instrument other than a cheque, or a bill ofexchange, presented

for acceptance, accepted or payable outside Uganda, or a promissory note,
shall subject to all just exceptions be admitted in evidence on payment of the
duty with which the instrument is chargeable, or, in the case of an instrument
which is insufficiently stamped, of the amount required to make up the duty,
together with the prescribed penalty, but-
(a) where a person from whom a stamped receipt could have been
demanded has given an unstamped receipt, and that receipt, if
stamped, would be admissible in evidence against him or her, then
the receipt shall be ad mitted in evid ence against him or her on
payment of the prescribed penalty by the person tendering it;
(b) where a contract or agreement of any kind is effected by
correspondence consisting of two or more letters and any of the
letters bears the proper stamp, the contract or agreement shall

be taken to be duly stamped;
(c) this section shall not prevent the admission of an instrument in
evidence in any proceeding in a criminal court;
(d) this section shall not prevent the admission of an instrument in
any court when the instrument has been executed by or on behalf
of the Government, or where it bears the authentic certificate of
the Uganda Revenue Authority as provided by this Act.
32. Where admission of instrument not to be questioned
Where an instrument has been admitted in evidence, the admission shall

not, except as otherwise provided in this Act, be called in question at any
stage of the same suit or proceeding on the ground that the instrument has
not been duly stamped.
33. Instruments impounded, how dealt with
(1) When the person impounding an instrument under this Act has
by law or consent of the parties-
(a) authori ty to recei ve evi dence and admi ts the i nstrument in
evidence upon payment of the duty with which the instrument is
chargeable; or
(b) in the case of an instrument insufficiently stamped, of the amount
required to make up such duty together with the prescribed penalty,
that person shall send to the Commissioner an authenticated copy
of the instrument, together with a certificate in writing, stating the
amount of duty and penalty levied in respect of the instrument,
and shall send the amount to the Commissioner, or to the person
appointed by the Commissioner for the purpose.
(2) In every other case, the person impounding an instrument shall

send it in the original form to the Commissioner.
34. Power of Commissioner to stamp instruments impounded
(1) Where the Commissioner impounds an instrument under this Act

or receives an instrument sent to him or her, not being an instrument chargeable
with a duty, or a bill of exchange or promissory note, the Commissioner
shall adopt the following procedure-
(a) if th e Commissioner is of opinion th at the instrument is duly

stamped, or is not chargeable with duty, he or she shall certify
by endorsement on it th at it is duly stamped, or th at it is not
chargeable to duty; or
(b) if the Commissioner is of opinion that the instrument is chargeable
with duty and is not duly stamped, h e or sh e sh all require the
payment of the proper duty or the amount required to make up
that duty, together with the prescribed penalty.
(2) Notwithstanding subsection (1), where an instrument has been

impounded only because it has been written in contravention of a provision
of this Act, the Commissioner may remit the whole penalty prescribed by
this Act.
(3) A certificate under this section is, for the purposes of this Act,
conclusive evidence of the matters stated in the certificate.
35. Instruments unduly stamped by accident
Where an instrument chargeable with duty is not duly stamped, or a bill of

exchange or promissory note, is produced by a person of his or her own motion
before the Commissioner within one year from the date of its execution or
first execution, and that person brings to the notice of the Commissioner
the fact that the instrument is not duly stamped and offers to pay to the
Commissioner the amount of the proper duty, or the amount required to
make up that duty, and the Commissioner is satisfied that the omission duly
to stamp the instrument has been occasioned by accident, mistake or urgent
necessity, the Commissioner may waive the penalty due.
36. Endorsement of instruments on which duty has been paid
(1) Wh ere th e duty and penalty, if any, leviable in respect of an

instrument has been paid under this Act, the person admitting the instrument
in evidence or the Commissioner-
(a) sh all certify by endorsement on th e instrument that the proper
duty or, as the case may be, the penalty, stating the amount of
each, has or have been levied in respect of the instrument; and
(b) the name and residence of the person making payment.
(2) An instrument endorsed under subsection (1)-

(a) shall be admissible in evidence, and may be registered and acted
upon and authenticated as if it had been duly stamped; and
(b) shall be delivered on his or her application to the person from
whose possession it came into the hands of the officer impounding
it, or as that person may direct.
(3) Notwithstanding anything in this section, an instrument which has

not been admitted in evidence shall not, upon payment of duty, be delivered
before the expiration of one month from the date of its impounding, or if the
Uganda Revenue Authority has certified that its further detention is necessary
and has not cancelled the certificate.
37. Prosecution for offence under Act
(1) The taking of proceedings or the payment of a penalty under

this Act in respect of an instrument shall not bar the prosecution of a person
who appears to have committed an offence under this Act in respect of the
instrument.
(2) Notwithstanding subsection (1), a prosecution shall not be

instituted in the case of an instrument in respect of which a penalty has been
paid, unless it appears to the Commissioner that the offence was committed
with an intention of evading payment of the proper duty.
38. Persons paying duty or penalty may recover it in certain cases
(1) Where a duty or penalty has been paid under this Act by a person
in respect of an instrument, and, by agreement or any other enactment in
force at the time the instrument was executed, some other person was
bound to bear the expense of providing the proper stamp for the
instrument, the first mentioned person shall be entitled to recover from that
other person the amount of the duty or penalty paid.
(2) For the purpose of the recovery, a certificate granted in respect

of the instrument under this Act shall be conclusive evidence of the matters
certified in it.
(3) A person may claim a refund of duty paid in error on an instrument

which is not dutiable within one year after the date the duty was paid.
(4) The amount referred to in subsection (1) may, if the court deems
fit, be included in an order as to costs in any suit or proceeding to which
the persons are parties and in which the instrument has been tendered in
evidence but if the court does not include the amount in the order, no further
proceedings for the recovery of the amount shall be maintainable.
39. Power of Commissioner to refund penalty or excess duty in certain

cases
(1) A person may apply to the Commissioner for a refund of stamp

duty paid in excess of the proper duty payable on an instrument.
(2) An application for a refund under this section shall be made to

the Commissioner within three months from the date of the payment of the
stamp duty.
(3) Where, in the opinion of the Commissioner, stamp duty in

excess of that which is legally chargeable has been charged and paid, the
Commissioner may-
(a) apply the excess in reduction of any other tax due from the
person;
(b) apply the balance of the excess, if any, in reduction of any
outstanding of the person to pay any other taxes not in dispute; and
(c) refund the remainder, if any, to the person.
(4) The Commissioner shall, within thirty days of making a decision

under this section, serve the person applying for a refund, a notice of the
decision, in writing.
( 5) A person dissatisfied with a decision of the Commissioner under

this section may challenge the decision under the objection and appeals
procedure set out in this Act.
40. Non-liability for loss of instruments
(1) Where an instrument sent to the Commissioner under this Act is

lost, destroyed or damaged during transmission, the person sending it
shall not be liable for the loss, destruction or damage.
(2) Where an instrument is about to be sent, the person from whose

possession it came into the hands of the person impounding it, the person
impounding the instrument may require a copy of the instrument to be made
at the expense of the first mentioned person and authenticated by the person
impounding the instrument.
PART V-ALLOWANCES FOR SPOILED STAMPS IN CERTAIN

CASES
41. Allowance for spoiled stamps
The Commissioner may, on application in the prescribed form make allowance

for stamps spoiled in the following cases-
(a) the stamp on any paper inadvertently and undersigned spoiled,
obliterated or by error in writing ur any other means rendered
unfit for the purpose intended before an instrument written on
the paper is executed by any person;
(b) the stamp on a document which is written out wholly or in part,
but which is not signed or executed by a party to the document;
(c) in the case of bills of exchange, cheques or promissory notes-
(i) the stamp on a bill of exchange or cheque signed by or on
behalf of the drawer which has not been accepted or made
use of in a manner or delivered out of the drawer's hands
for any purpose other than by way of tender for acceptance,
if the paper on which that stamp is impressed does not bear
a signature intended as or for the acceptance of a bill of
exchange or cheque to be written on it afterwards;
(ii) the stamp on a promissory note signed by or on behalf of
the maker which has not been made use of in any manner
or delivered out of the maker's hands;
(iii) the stamp used or intended to be used for a bill of exchange,
cheque or promissory note signed by, or on behalf of, its
drawer, but which from any omission or error has been
spoiled or rendered useless, although in the case of a bill
of exchange or cheque, it may have been presented for
acceptance or accepted or endorsed, or, being a promissory
note, may have been delivered to the payee, if another
completed and duly stamped bill of exchange, cheque or
promissory note is produced identical in every particular,
except in the correction of the omission or error, with

the spoiled bill, cheque or promi ssory note;
(d) the stamp used for an i nstrument, executed by a party to it,
which-
(i) is afterwards found to be void;
(ii) is afterwards found unfit by reason of an error or mistake
in it, or the purpose originally intended;
(iii) by reason of the death of a person by whom it is necessary
that it should be executed without having executed it, or of
the refusal of the person to execute it, cannot be completed
so as to effect the intended transaction in the form proposed;
(iv) for want of its execution by some material party, and his
or her inabili ty or refusal to sign it, is in fact incomplete
and insufficient for the purpose for which it was intended;
(v) by reason of the refusal of a person to act under the
instrument, or to advance any money intended to be secured
by it, or by the refusal or not of any office granted by it,
totally fails for the intended purpose;
(vi) becomes useless in consequence of the transaction intended
to be effected by it being effected by some other instrument
between the same parties and bearing a stamp of not less
value;
(vii) is deficient in value and the transaction intended to be
effected by the instrument has been effected by some other
instrument between the same parties and bearing a stamp of
not less value; or
(viii) is i nadvertently and undesignedly spoiled, and instead of
which another instrument made between the same parties
and for the same purpose is executed and duly stamped, if in
the case of an executed instrument, no legal proceeding has
been commenced in which the instrument could or would
have been given or offered in evidence, and if the instrument
is given up to be cancelled.
42. Allowance in case of printed forms no longer required by

corporations
The Commissioner may make allowance for stamped papers used for
printed forms of instruments by a banker or by an incorporated company
or other body corporate, if for any sufficient reason the forms have
ceased to be
required by the banker, company or body corporate, if the Commissioner

is satisfied that the duty in respect of the stamped papers has been duly
paid.
43. Allowance for misused stamps
(a)
Where- a person has inadvertently used for an instrument chargeable
with duty, a stamp of a description other than that prescribed for
the instrument by this Act, or a stamp of greater value than was
necessary, or has inadvertently used a stamp for an instrument not
chargeable with duty; or
(b) a stamp used for an instrument is inadvertently rendered useless
because that instrument is written in contravention of this Act,
the Commissioner may, on application made within six months after the
date of the instrument, or, if it is not dated, within six months after its
execution by the person by whom it was first or alone executed, and upon
the instrument, if chargeable with duty, being re-stamped with the proper
duty, cancel and allow as spoiled the stamp misused or rendered useless.
44. Allowance for spoiled or misused stamps, how to be made
Where allowance is made for spoiled or misused stamps, the Commissioner

may give in place of the spoiled or misused stamp, other stamps of the
same description and value or if the Commissioner thinks fit, stamps of
any other description to the same amount in value or at the discretion
of the Commissioner, the same value in money.
45. Allowance on renewal of certain debentures
(1) Where a duly stamped debenture is renewed by the issue of a new

debenture in the same terms, the Commissioner shall, upon application made
within one month after the renewal, repay to the person issuing the debenture the
value of the stamp on the original or on the new debenture, whichever is the less, if
the original debenture is produced before the Commissioner and cancelled by him
or her in the manner determined by the Commissioner.
(2) A debenture shall be taken to be renewed in the same terms within the
meaning of this section notwithstanding the following changes
(a) the issue of two or more debentures in place of one original

debenture where the total amount secured is the same;
(b) the issue of one debenture in place of two or more original

debentures, where the total amount secured is the same;
(c) the substitution of the name of the holder at the time of renewal
for the name of the original holder; or
(d) the alteration of the rate of interest or the dates of payment of
the debenture.
PART VI-OBJECTIONS AND APPEALS
46. Objection to decision
(1) Where a person liable to pay duty is dissatisfied with a decision

made under this Act, that person may, within forty-five days after service of
the notice of the decision, lodge with the Commissioner an objection to the
decision.
(2) An objection to a decision shall be in writing and state precisely

the grounds upon which it is made.
(3) Where a person fails to lodge an objection within the period

stated in subsection (1), the Commissioner may, upon application in writing
by the person liable to pay duty, extend the time for lodging an objection.
(4) An application under subsection (3) shall only be granted where

the Commissioner is satisfied that the failure of the person to lodge an
objection was due to absence from Uganda, sickness or other reasonable
cause.
( 5) Where the Commissioner refuses to grant an extension of time

under subsection (3), the person liable to pay duty may, within thirty days
after service of notice of the decision, apply to the Tribunal for a review of
the decision.
(6) After consideration of the objection to the decision, the

Commissioner may allow the objection in whole or in part and amend the
decision accordingly, or disallow the objection.
(7) The decision of the Commissioner under subsection (6) shall be

referred to as an "objection decision".
(8) Where an objection decision has not been made by the

Commissioner within thirty days after the person lodged the objection with
the Commissioner, the person may, by notice in writing to the Commissioner,
elect to treat the Commissioner as having made a decision to allow the
objection.
(9) A person shall be taken to have served the Commissioner with

the notice of the election under subsection (8) on the date the notice of the
person's election is lodged with the Commissioner.
47. Appeal to Tribunal
(1) A person dissatisfied with an objection decision may, within

thirty days after being served with notice of the objection decision, lodge an
application with the Tribunal for review of the objection decision and shall
serve a copy of the application on the Commissioner.
(2) An appeal lodged under subsection (1) shall be conducted in

accordance with the Tax Appeals Tribunals Act.
(3) A person shall, before lodging an application with the Tribunal,

pay to the Commissioner, thirty percent of the duty in dispute or that part of
the duty assessed which is not in dispute, whichever is the greater.
48. Appeal to High Court
(1) A party who is dissatisfied with the decision of the Tribunal may,
within thirty days after being notified of the decision, lodge a notice of appeal
with the Registrar of the High Court and the party appealing shall serve a
copy of the notice of appeal on the other party to the proceedings before the
Tribunal.
(2) An appeal to the High Court shall be made on a question of law

only and the notice of the appeal shall state the question or questions of law
that are to be raised on the appeal.
(3) An appeal under subsection (1) to the High Court shall be made
by lodging a notice of appeal with the Registrar of the High Court within
forty-five days after service of notice of the objection decision.
( 4) A person who has lodged a notice of appeal with the Registrar

of the High Court shall, within five working days after doing so, serve a
copy of the notice of appeal on the Commissioner.
49. Appeal to Court of Appeal
A party to a proceeding before the High Court who is dissatisfied with the
decision of the High Court may, with leave of the Court of Appeal, appeal
against the decision to the Court of Appeal.
50. Burden of proof
The burden of proof in a review of an objection decision is on the person

liable to pay duty, on the balance of probabilities as to the extent to which
the objection decision made by the Commissioner is excessive or erroneous,
whichever is the case in dispute.
51. Duty as debt due to Government
(1) Duty, when it becomes due and payable, is a debt to the

Government of Uganda and is payable to the Commissioner in the manner
and at the place prescribed.
(2) Duty that has not been paid when it is due and payable may be sued
for and recovered in a court of competent jurisdiction by the Commissioner
acting in the Commissioner's official name, subject to the general directions
of the Attorney General.
(3) In a suit under this section, the production of a certificate signed

by the Commissioner stating the name and address of the person liable and
the amount of the duty due and payable by the person shall be sufficient
evidence of the amount of the duty due and payable by that person.
52. Recovery of duty from other persons
(1) Where a person fails to pay duty on the date on which the duty is
payable and the duty is not the subject of a dispute, the Commissioner
may, by notice in writing, require a person who-
(a) owes money to the person liable to pay duty;
(b) holds money for, or on account of the person liable to pay duty;
(c) holds money on account of some other person for payment to the
person liable to pay duty; or
(d) has authority from some other person to pay money to the person
liable to pay duty,
to pay that money to the Commissioner on the date stated in the notice, up to
the amount of the duty due.
(2) The date stated in the notice under subsection (1) must not be a
date before the money becomes due to the person liable to pay duty, or is held
on behalf of the person liable to pay duty.
(3) At the same time that notice is served under subsection (1), the
Commissioner shall also serve a copy of the notice on the person liable to
pay duty.
(4) Where a person served with a notice under subsection (1) is

unable to comply with the notice by reason of lack of money owing to, or
held for, the person liable to duty, the person shall, as soon as is practicable
and in any case before the payment date stated in the notice, notify the
Commissioner in writing setting out the reasons for the inability to comply.
(5) Where a notice is served on the Commissioner under subsection

(4), the Commissioner may, by notice in writing, accept the notification
and cancel or amend the notice issued under subsection (1) or reject the
notification.
(6) A person who makes a payment in accordance with a notice under

subsection (1) is taken to have acted under the authority of the person liable
to pay duty and of all other persons concerned and is indemnified in respect
of the payment against all proceedings, civil or criminal, and all processes,
judicial or extra-judicial, notwithstanding any provisions to the contrary in
any written law, contract, or agreement.
(7) An amount due under this section is treated for all purposes of
this Act as if it were duty due.
53. Collection of duty by distraint
(1) The Commissioner may recover any unpaid duty by distress

proceedings against the movable property of a person liable to pay duty, in
this section referred to as the "person liable".
(2) In accordance with subsection (1), the Commissioner shall

issue an order in writing specifying the person against whose property the
proceedings are authorised, the location of the property and the duty liability
to which the proceedings relate, and may require a police officer to be present
while distress is being executed.
(3) For the purposes of executing distress under subsection (1), the
Commissioner may, at any time, enter any house or premises described in
the order authorising the distress proceedings.
(4) The property upon which distress is levied under this section,
other than perishable goods, shall be kept for not more than fourteen
days either at the premises where the distress was levied or at any other
place that the Commissioner may consider appropriate, at the cost of the
person liable.
(5) Where the person liable does not pay the duty due, together with
the costs of the distress-
(a) in the case of perishable goods, within a period that the
Commissioner considers reasonable having regard to the
condition of the goods; or
(b) in any other case, within fourteen days after the distress is levied,
the property distrained may be sold by public auction or otherwise dealt with
in any other manner as the Commissioner may direct.
( 6) The proceeds of a disposal under subsection (5) shall be applied

by the auctioneer or seller towards the cost of taking, keeping and selling
the property distrained upon, and towards the payment of the duty due.
(7) The remainder of the proceeds under subsection (5), if any, shall
be given to the person liable.
(8) This section shall not preclude the Commissioner from

proceeding with respect to the balance owed if the proceeds of the distress
are not sufficient to meet the costs of the distress and the duty due.
(9) All costs incurred by the Commissioner in respect of any distress

may be recovered by the Commissioner from the person liable, and the
provisions of this Act relating to the collection and recovery of duty shall
apply as if the costs were duty due under this Act.
54. Duties of receivers
(1) A receiver shall, in writing, notify the Commissioner within

fourteen d ays of being appointed to the position of receiver or of taking
possession of an asset in Uganda, whichever occurs first.
(2) The Commissioner may, in writing, notify a receiver of the

amount which appears to the Commissioner to be sufficient to provide for
any duty which is or will become payable by the person whose assets are in
the possession of the receiver.
(3) A receiver shall not part with an asset in Uganda which is held by
the receiver in the capacity as receiver without the prior written permission
of the Commissioner.
(4) A receiver-
(a) shall set aside, out of the proceeds of sale of an asset, the amount
notified by the Commissioner under subsection (2), or such lesser
amount as is subsequently agreed on by the Commissioner;
(b) is liable to the extent of the amount set aside for the duty of the
person who owned the asset; and
(c) may pay any debt that has priority over the duty referred to in this
section notwithstanding any provision of this section.
(5) Where the receiver fails to comply with this section, the receiver
is personally liable for the amount required to be set aside.
( 6) In this section, "receiver" includes a person who, in respect to an

asset in Uganda, is-
(a) a liquidator of a company;
(b) a receiver appointed out of court or by a court;
(c) a trustee for a bankrupt;

(d) a mortgagee in possession;
(e) an executor of a deceased's estate; or
(f) any other person conducting the business of a person legally
incapacitated.
55. Security on property for unpaid duty
(1) Where a person who is the owner of land or buildings situated in

Uganda fails to pay duty, the Commissioner may, by notice in writing, notify
the person of the intention to apply to the Registrar of Titles that that land
or buildings be the subject of security for the duty as specified in the notice.
(2) Where, within thirty days after the date of service of the notice
under subsection ( 1 ), a person on whom a notice has been served fails to
make payment of the whole of the amount of the duty specified in the notice,
the Commissioner may, by notice in writing, in this section referred to as a
"notice of direction", direct the Registrar of Titles that the land or buildings of
the person, to the extent of the interest of the person in the land or buildings,
be the subject of security for unpaid duty in the amount specified in the
notice.
(3) Where a notice of direction is served on the Registrar of Titles

under subsection (2), the Registrar of Titles shall, without fee, register the
direction as if it were an instrument or mortgage over, or charge on, the land
or buildings.
(4) Upon registration of the direction under subsection (3), the

registration shall, subject to any prior mortgage or charge, operate as a legal
mortgage over or charge on the land or buildings to secure the amount of
the unpaid duty.
(5) Upon receipt of the whole of the amount of duty secured under
subsection (4), the Commissioner shall serve notice on the Registrar of Titles
cancelling the direction made under subsection (2) and the Registrar of Titles
shall, without fee, record the cancellation and thereupon the direction shall
cease to exist.
PART VII-CRIMINAL OFFENCES AND PROCEDURE
56. Penalty for executing instrument not duly stamped
(1) Any person who-

(a) draws, makes, issues, endorses or transfers or signs, otherwise than
as a witness, or presents for acceptance or payment, or accepts,
pays or receives payment of, or in any manner negotiates a bill
of exchange, cheque or promissory note without it being duly
stamped;
(b) executes or signs, otherwise than as a witness, any other instrument
chargeable with duty without it being duly stamped; or
(c) votes or attempts to vote under a proxy not duly stamped,
hundred currency points or to imprisonment for a term not exceeding six
months, or both.
(2) Where a share warrant is issued without being duly stamped, the
company issuing it, and every person who, at the time when it is issued, is
the managing director or secretary or other principal officer of the company,
hundred currency points.
57. Penalty for failure to cancel adhesive stamp
Any person required to cancel an adhesive stamp who fails to cancel the
stamp in the manner prescribed commits an offence and is liable, on
conviction, to a fine not exceeding one hundred currency points or to
imprisonment for a term not exceeding six months, or both.
58. Penalty for not making out policy, or making one not duly stamped
(1) Any person who-

(a) receives, or takes credit fo r, a premium or consideration for
a contract of insurance and does not, within one month after
receiving, or taking credit for, the premium or consideration, make
out and execute a duly stamped policy of insurance; or
(b) makes, executes or delivers out a policy which is not duly stamped,
or pays or allows in account, or agrees to pay or allow in account,
any money upon, or in respect of, that policy,
months, or both.
(2) Subsection (1) shall not apply to policies of insurance against

accident in respect of which an agreement for the composition of stamp duty
has been entered into under this Act.
59. Penalty for not drawing full number of bills or marine policies
purporting to be in sets
Any person who draws or executes a policy of marine insurance purporting

to be drawn or executed in a set of two or more, and not at the same time
drawing or executing on paper duly stamped the whole number of policies
of which that policy purports the set to consist, commits an offence and is
liable, on conviction, to a fine not exceeding one hundred currency points or
to imprisonment for a term not exceeding six months, or both.
60. Penalty for postdating bills, and for other devices to defraud
Government of revenue
Any person who, with intent to defraud the Government of duty, draws,
makes or issues a bill of exchange or promissory note, bearing a date
subsequent to that on which the bill or note is actually drawn or made and
knowing that the bill or note has been so postdated, endorses, transfers,
presents for acceptance or payment, or accepts, pays or receives payment of,
the bill or note, or in any manner negotiates it or with the like intent,
practices or is concerned in any act, contrivance or device not specially
provided for by this Act or any other law, commits an offence and is liable,
on conviction, to a fine not exceeding one hundred currency points or to
imprisonment for a term not exceeding six months, or both.
61. Offences in relation to stamps
Any person-
(a) appointed to sell stamps, who contravenes any provision of this
Act;
(b) not authorised to sell stamps, who sells stamps;
(c) authorised to sell stamps, who sells unauthorised stamps; or
(d) who forges a stamp,
months, or both.
PART VIII-MISCELLANEOUS
62. Books to be open to inspection
A person who has in his or her custody any registers, books, records,
papers, documents or proceedings, the inspection of which may tend to
secure any duty or to prove or lead to the discovery of any fraud or
omission in relation to any duty, shall at all reasonable times permit a
person authorised in writing by the Commissioner to inspect for such
purpose the registers, books, papers, documents and proceedings, and to
take such notes and extracts as he or she may deem necessary, without fee
or charge.
63. Re-characterisation of instruments under Islamic financial business
(1) For purposes of determining whether an instrument is chargeable

with duty under this Act, the Commissioner may re-characterise an instrument
under Islamic financial business not provided for under this Act to the
equivalent instrument under conventional financial services for purposes of
reflecting the equivalent economic substance, rather than the form.
(2) The Commissioner shall comply with Shari'ah principles in

re-characterising an instrument under Islamic financial business that is not
provided for under this Act.
64. Power to amend Schedules
(1) The Minister may, by statutory instrument, with the approval of

Cabinet, amend Schedule 1 to this Act.
(2) An instrument made under subsection (1) shall as soon as

practicable after publication in the Gazette be laid before Parliament and
Parliament may within twenty-one sitting days, by resolution, annul the
instrument.
65. Regulations
(1) The Minister may, by statutory instrument, make regulations

generally to give effect to this Act.
(2) Without limiting the general effect of subsection (1), the Minister
may make regulations relating to-
(a) the supply and sale of stamps and stamped papers;
(b) the persons authorised to sell stamps and all matters relating to
the sale of stamps;
(c) the reduction, remission or compounding duties;
(d) the manner of using stamps on instruments chargeable with the
duty including the description of stamps which may be used, the
number of stamps which may be used, the size of the paper on
which the stamps are written;
(e) the admission in evidence of improperly stamped instruments;
(f) the issue of stamps certificates including the manner of delegating
the authority to issue those certificates;
(g) the form and manner of making returns.
(3) Regulations made under this section may-

(a) prescribe for the contravention of any of the regulations a fine not
exceeding one hundred currency points;
(b) prescribe a higher penalty for a second or a subsequent contravention;
(c) prescribe an extra penalty for any day for which the contravention
continues;
(d) require that anything used in connection with the contravention
shall be ordered by the court to be forfeited to the State.
66. Saving
(1) A statutory instrument made under the Stamps Act, Cap. 342
(Revised Edition, 2000) and in force at the commencement of this Act shall
continue in force until repealed under this Act.
(2) This Act shall not affect the duties chargeable under any other
law for the time being in force relating to court fees.
(3) Until regulations are made under this Act to the contrary, any
stamps which might lawfully be used immediately before the commencement
of this Act for the payment of duties with which instruments were charged
may be used for the purposes of this Act.
SCHEDULES
Schedule 1
Sections 1, 64(1)
Currency Point
A currency point is equivalent to twenty thousand shillings.

Schedule 2
Stamp Duty on Instruments
Sections 2(1), 3(1), (2), 5, 8(2), 20(1),
21(2), 25(1), 26(1), 27(2), 64
Description of instrument Stamp duty
1. Acknowledgement ofa debt exceeding shs 100,000 Nil
2. (a) Administration bond 15,000/=
(b) Customs bonds-ofthe total value 0.05%
3.Adoption deed 15,000/=
4. Affidavit including an affirmation or declaration 15,000/=
5.Agreement or memorandum of an agreement except a sale-
based financing agreement between the vendor or borrower and
a person licensed to cany on Islamic financial business 15,000/=
6. Agreement relating to deposit oftitle deeds, pawn pledge-of
the total value Nil
7. Appointment in execution ofa power, whether of trustees or
ofproperty 15,000/=
8. Appraisement or valuation made otherwise than under an
order ofcourt-ofthe total value Nil
9. Apprenticeship deed 15,000/=
10. Articles ofassociation ofa company except the articles of
association ofa special purpose vehicle incorporated for the
purposes of issuing or purchasing an Islamic bond 15,000/=
11. Assent to bequest whether under hand or seal 15,000/=
12. Award by arbitrator or umpire 15,000/=
13. Bill ofexchange not being a bond, bank note or currency note 15,000/=
14. Bill oflading (including a thorough bill oflading) Nil
15. Bill ofsale 15,000/=
16. Bond (not being a debenture) 15,000/=
17. Cancellation-instrument of 15,000/=
18. Capital duty
(a) on nominal share capital or any increase of it of any
company incorporated in Uganda with limited liability-
ofthe total value 0.5%
(b) on increase of share capital of any company when the
increase is a condition precedent for disbursement of loan
funds for a development project Nil
(c) on becoming public through the operation of the stock
exchange Nil
(d) on nominal share capital or any increase of it of a special

purpose vehicle incorporated for the purposes of issuing
or purchasing an Islamic bond Nil
19. Caveat (under the Registration of Titles Act or any other law
relating to the registration of title to land) 15,000/=
20. Certificate of sale (in respect of each property put up as a
separate lot and sold) 15,000/=
21. Charter party (instrument for charter hire or vessel or part of it) 15,000/=
22. Cheque Nil
23. Composition deed (instrument of conveyance of property by a
debtor for the benefit of his creditors)-of the total value 1%
24. Conveyance (not being transfer)-of the total value 15,000/=
25. Copy of extract 15,000/=
26. Counterfeit or duplicate of an instrument chargeable with
duty and in respect of which the property duty has been paid 15,000/=
27. Debenture-whether a mortgage debenture or not, being of a
Nil
marketable security--of the total value
28. Deed; except a deed for the establishment of a special
purpose vehicle as a partnership or trust for the purposes of
issuing or purchasing an Islamic bond 15,000/=
29. Divorce--(any instrument by which any person effects the
dissolution of marriage) 15,000/=
30. Equitable mortgage--of the total value Nil
31. Exchange of property--of the total value 2%
32. Extract 15,000/=
33. Further charge-any instrument imposing a further charge on
Nil
mortgaged property--of the total value
34.Gift-instrument of, not being a settlement or will or
transfer--of the total value 1%
35. Hire purchase agreement--of the total value 1%
36. Bank guarantees, insurance performance bonds, indemnity
bonds and similar debt instruments 100,000/=
37. Instrument-for any loan Nil
38. Lease--of the total value 1%
39. Letter of credit-an instrument by which one person authorises
another to give credit to the person in whose favour it is drawn 15,000/=
40. Letter of licence-any agreement between a debtor and his or
her creditors that the latter shall for a specified time, suspend
their claims and allow the debtor to carry on business at his or
her own discretion 15,000/=
41. Memorandum of association of a company; except the
memorandum of association of a special purpose vehicle
incorporated for the purposes of issuing or purchasing an
Islamic bond 15,000/=
42. (a) Mortgage deed-of the total value. A mortgagor who
gives a power of attorney to collect rents or a lease of the
property mortgaged is deemed to give possession within
the meaning of this item 0.5%
(b) where a collateral or auxiliary or additional or substituted
security is given by way of further assurance where the
principal or primary security is duly stamped 15,000/=
43. Mortgage of a crop--including any instrument endorsement,
note, attestation, certificate or entry not being protest of a bill
of note, made or signed by a notary public in the execution of
the duties of his or her office or by other person lawfully acting
as a notary public 15,000/=
44. Notarial act-made or signed by a notary public in the
execution of the duties of his or her office, or by any other
person lawfully acting as a notary public 15,000/=
45. Note or memorandum-sent by a broker or agent to his
principal intimating the purchase or sale on account such
principal of any goods stock or marketable security 15,000/=
46. Partition 15,000/=
47. (a) Partnership; except a partnership of a special purpose
vehicle incorporated for the purposes of issuing or
purchasing an Islamic bond 15,000/=
(b) Dissolution of partnership; except a partnership of a special
purpose vehicle incorporated for the purposes of issuing or
purchasing an Islamic bond 15,000/=
48. (a) Policy of insurance, including a policy of takaful 35,000/=
(b) Life insurance, including family takaful Nil
49.Power of attorney 15,000/=
50. Promissory note 15,000/=
51. Protest of bill or note-any declaration in writing made by a
notary public, attesting the dishonour of a bill of exchange or
promissory note 15,000/=
52. Receipt-as defined by section 1 for any money or other
property the amount of value exceeds shs. 50,000/= 15,000/=
53. Reconveyance of mortgaged property-of the total value 15,000/=
54.Release-any instrument not
being such a release as is provided
for by section 25(2) by which a person renounces a claim upon
another person or against any specified property 15,000/=
55. Respondentia bond-any instrument securing a loan on the
cargo laden on board a ship and making repayment contingent
on the arrival of the cargo at the port of entry 15,000/=
56. Security bond or mortgage deed--executed by way of security
for the due execution of an office, or to account for money or
other property received by virtue of security bond or mortgage
deed executed by surety to secure a loan or credit facility-of
entry total value Nil
57. Instrument of settlement or an instrument revoking the
settlement including a deed or dower; except an instrument of
settlement from a person licensed to carry on Islamic financial
business to a customer under equity or partnership financing 15,000/=
58. Share warrants-to bearer issued under the Companies
Act-of the total value 1%
59. Shipping order-for or relating to the conveyance of goods
on board any vessel 15,000/=
'
60. Solemn or statutory declaration
15,000/=
61. Strategic investment projects
The stamp duty chargeable in respect of an instrument executed
by, or on behalf of a company or Government for the sole
purpose of implementing the following strategic investment
projects-
(a) developers of an industrial park or free zone whose
investment capital is at least USD 50,000,000-
(i) debenture; whether a mortgage debenture or not,
being of a marketable security-of the total value; Nil
(ii) further charge; any instrument imposing a further
charge on a mortgaged property-of the total
value; Nil
(iii) lease of land-of the total value Nil
(iv) increase of share capital; Nil
(v) transfer of land; Nil
(vi) an agreement to provide services on conducting
a feasibility study or developing a design for
construction; Nil
(b) an operator within an industrial park or free zone or an
operator of a single factory or other business outside the
industrial park who meets the following requirements-
(i) a minimum investment capital ofUSD 10,000,000
in the case of a foreigner or USD 300,000 in the
case of a citizen; or USD 150,000 for a citizen
whose investment is placed up country;
(ii) carries on business in agro-processing, food
processing, medical appliances, building materials,
light industry, automobile manufacturing and
assembly, household appliances, furniture, logistics
and warehousing, information technology or
commercial farming, tyres, footwear, mattresses or
toothpaste;
(iii) capacity to use atleast 50% of the locally produced
raw materials, subject to their availability;
(iv) capacity to e mploy a minimum of one hundred
citizens; and
(v) provide s for substitution of 30% of the value of Nil
imported products-
(A) de be nture ; whe the r a mortgage debenture
or not, being of a marketable security---of
the total value;
(B) further charge; any instrument imposing a
further charge on a mortgaged property- of
the total value;
(C) lease of land---of the total value;
(D) increase of share capital;
(E) transfer of land;
(c) hote l or tourism facility whose inve stme nt capital is USD
8,000,000 with a room capacity e xce e ding one hundred
guests-
(i) debenture; whether a mortgage debenture or not, being
of a marketable security---of the total value; Nil
(ii) furthe r charge ; any instrume nt imposing a further
charge on a mortgaged property---of the total value; Nil
(iii) lease of land---of the total value; Nil
(vi) an agre e me nt to provide se rvice s on conducting a
feasibility study or developing a design for construction; Nil
(d) hospital facility de ve lope r whose inve stme nt capital is at
le ast USD 5,000,000 and who de ve lops a hospital at the
level of a national referral hospital with capacity to provide
specialised medical care-
of a marketable security---of the total value; Nil
(ii) furthe r charge ; any instrume nt imposing a further
charge on a mortgaged property---of the total value; Nil
(iii) lease of land---of the total value; Nil


(vi) an agreement to provide services on conducting a
feasibility study or developing a design for construction; Nil
(e) technical or vocational institute operator whose investment
capital is at least USD 10,000,000 in the case of a foreigner
or USD 1,000,000 in the case of a citizen-
of a marketable security-of the total value; Nil
(ii) f urther charge; any instrument imposing a further
charge on a mortgaged property-of the total value; Nil
(iii) lease of land-of the total value; Nil
(vi) an agreement to provide services on conducting
construction. Nil
(t) a manufacturer, other than a manufacturer referred to in item
61(b}-
(i) in case of a new manufacturer who, subject to
availability, has capacity to use at least 70% of the
locally produced raw materials and employs at least
70% citizens with an aggregate wage of at least 70%
of the total wage bill of the new manufacturer and
whose investment capital at least USD 35,000,000; or Nil
(ii) in the case of an existing manufacturer who, subject Nil
to availability, has capacity to use at least 70% of the
locally produced raw materials, and employs at least
70% citizens with an aggregate wage of at least 70%
of the total wage bill of the existing manufacturer
from the date on which the manufacturer makes an
additional investment equivalent to USD 35,000,000-
(A) debenture; whether a mortgage debenture or
not, being of a marketable security-of total
value;
(B) further charge: any instrument imposing a
further charge on a mortgaged property-of
total value;
(C) lease of land-of total value;
(D) increase of share capital;
(E) transfer of land;
(F) an agreement to provide services on conducting
construction.
62. Surrender oflease 15,000/=
63. Transfer-
(a) ofthe total value 1.5%
(b) transfer ofshares in an incorporated company listed on
the stock exchange, arising from the trading ofthose
shares on the stock exchange 0.5%
(c) of assets to special purpose vehicles for the purpose of
issuing asset-backed securities Nil
(d) of an asset or land from the vendor to a person licensed
to carry on Islamic :financial business or to a borrower, in
the case of sale-based :financing, lease-based agreement
or currency exchange contract for purposes of facilitating
Islamic financial business Nil
(e) of an asset or land from a special purpose vehicle for the
purposes of an Islamic bond to a beneficiary in the case of
sale-based financing or leasebased agreement for purposes
offacilitating Islamic financial business Nil
64. Trust-concerning any property made by any writing including
a transfer from a holder ofletters ofadministration or probate
to a beneficiary 15,000/=
65. Professional licence or certificate 100,000/=
cifically mentioned
Any other instrument not spe
15,000/=
6.
Schedule 3
Section 9
Expense of Providing Proper Stamp
(1) In the absence of an agreement to the contrary, the expense

of providing the proper stamp shall be borne, in the case of an instrument
described in Schedule 2 to this Act, by the person drawing, making or
executing the instrument.
(2) Without prejudice to paragraph (1), the expense of providing the

proper stamp shall be borne-
(a) in the case of a policy of insurance other than a fire insurance, by
the person effecting the insurance;
(b) in the case of a policy of fire insurance, by the person effecting
the insurance;
(c) in the case of a conveyance, including a reconveyance of
mortgaged property, by the grantee;
(d) in the case of a lease or agreement to lease, by the lessee or
intended lessee;
(e) in the case of a counterpart of a lease, by the lessor;
(f) in the case of an instrument of exchange, by the parties in equal
shares;
(g) in the case of a certificate of sale, by the purchaser of the property
to which the certificate relates;
(h) in the case of an instrument of partition, by the parties to it
in proportion to their respective shares in the whole property
partitioned, or, when the partition is made in execution of an
order passed by a civil court or arbitrator, in such proportion as
the court or arbitrator directs;
(i) in the case of a transfer of shares in an incorporated company or
other body corporate, by the purchaser or transferee;
G) in the case of a transfer ofdebentures, being marketable securities,
whether the debenture is liable to duty or not, by the purchaser
or transferee; and
(k) in the case of a transfer of any interest secured by bond, mortgage,
deed or policy of insurance, by the purchaser or transferee.
History: Act 13/2014; Act 15/2016; Act 6/2018; Act 10/2019; Act
25/2020; Act 9/2021; Act 10/2022; Act 21/2023
Cross References
Bills of Exchange Act, Cap. 281

Companies Act, Cap. 106
Financial Institutions Act, Cap. 57
Income Tax Act, Cap. 338
Registration of Titles Act, Cap. 240
Tax Appeals Tribunals Act, Cap. 341
Uganda Revenue Authority Act, Cap. 218
Value Added Tax Act, Cap. 344

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11720 Cap. 339.

] Stamp Duty Act

THE STAMP DUTY ACT

PART II-STAMP DUTY

Liability of instruments to duty

2. Instruments chargeable with duty

Duty by whom payable

9. Expense of providing proper stamp

Stamps and mode of using them

10. Duties, how to be paid

Time of stamping documents

13. Instruments executed in Uganda

Valuations for duty

16. Conversion ofamount expressed in foreign currencies

PART III-DETERMINATION AS TO STAMPS

28. Determination as to proper stamp

29. Certificate by Uganda Revenue Authority

PART IV-INSTRUMENTS NOT DULY STAMPED

30. Examination and impounding ofinstruments

41. Allowance for spoiled stamps

42. Allowance in case of printed forms no longer required by

PART VI-OBJECTIONS AND APPEALS

46. Objection to decision

55. Security on property for unpaid duty

PART VII-CRIMINAL OFFENCES AND PROCEDURE

56. Penalty for executing instrument not duly stamped

62. Books to be open to inspection

Schedule I Currency Point

Schedule 2 Stamp Duty on Instruments

Schedule 3 Expense of Providing Proper Stamp

THE STAMP DUTY ACT

Commencement: l July, 2014 all

An Act to provide for stamp duty and related matters.

In this Act, unless the context otherwise requires-

(b) an instrument attested by a witness and not payable to order

(b) stamped in any manner prescribed by the Commissioner

"marketable security" means a security capable of being sold on a

"power of attorney" includes an instrument empowering a specified

PART II-STAMP DUTY

Liability of instruments to duty

2. Instruments chargeable with duty

(1) Subject to this Act, the following instruments shall be chargeable

(2) Notwithstanding subsection (1), duty is not chargeable in respect

(3) Notwithstanding subsection (1), duty is not chargeable in respect

3. Several instruments used in single transaction of sale, mortgage

(1) Where, in the case of a sale, mortgage or settlement, several

(a) th e principal instrument only sh all be ch argeable with the

(2) Notwithstanding subsection (1), a power of attorney empowering

(3) The parties may determine for themselves which of the

(4) An instrument modifying the terms of a mortgage in respect of

4. Instruments relating to several distinct matters

An instrument comprising or relating to several distinct matters shall be

5. Instruments coming within several descriptions in Schedule 2

(1) Subject to section 3, an instrument so framed as to come within

(2) Notwithstanding subsection (1), this Act shall not render

6. Marine insurance contract to be expressed in marine policy

A contract for marine insurance shall not be valid unless it is expressed in

7. Persons carrying on insurance business to file returns

(1) A person carrying on the business of insurance shall file monthly

(2) Notwithstanding subsection (1), a manager of a takaful business