TPC - List of The Regulations Under The Tax Procedure Code Act
TPC - List of The Regulations Under The Tax Procedure Code Act
TPC - List of The Regulations Under The Tax Procedure Code Act
ARRANGEMENT OF SECTIONS
Section
PART I—PRELIMINARY
1. Commencement.
2. Application.
3. Interpretation.
Tax representatives.
14. Liabilities and obligations of a tax representative.
PART IV—RECORD-KEEPING.
15. Accounts and records.
PART X—INVESTIGATIONS.
41. Access to premises, records and data storage devices.
42. Notice to obtain information or evidence.
PART XV—OFFENCES.
54. Failing to furnish a tax return.
55. Failure to comply with obligations under this Act.
56. Failure to maintain proper records.
57. Use of false TIN.
58. Making false or misleading statements.
59. Obstructing a tax officer.
60. Aiding or abetting a tax offence.
61. Offences relating to recovery of tax.
62. Offences relating to registration.
62A. Offence relating to acting as a tax agent without registration.
63. Offences in relation to tax officers.
64. Offences by bodies of persons.
65. Tax officer may appear on behalf of Commissioner.
66. Compounding of offences.
67. Tax charged to be paid despite prosecution.
PART XVI—MISCELLANEOUS
68. Validity of tax decision.
69. Rectification of a mistake.
70. Forms, notices, and authentication of documents.
71. Approved or prescribed form.
72. Manner of furnishing documents or service of notices.
73. Electronic returns and notices.
73A. Electronic receipting and invoicing
73B. Penal tax relating to electronic receipting and invoicing
74. Appeal from the decision of the Committee.
74A. Payment of informers
75. Regulations.
76. Amendment of Schedules.
77. Repeals.
78. Transitional provisions.
PART I—PRELIMINARY
1. Commencement.
This Act shall come into force on a date appointed by the Minister, by statutory instrument.
2. Application.
3. Interpretation.
(2) The application shall be accompanied by the prescribed evidence of the person’s
identity.
(3) The Commissioner shall register a person who has applied for registration if satisfied
that the person meets the requirements for registration.
(4) Where the Commissioner refuses to register a person who has applied for registration,
the Commissioner shall serve that person with written notice of the refusal within
fourteen days after the refusal, stating the reasons for refusal.
(5) Where a person applies for registration as required under a tax law, the Commissioner
may use the information provided for the registration for the purposes of this Act without
requiring the person to furnish the same particulars under this Act. (6) Despite subsection
(5), the Commissioner may request a person to provide any further information necessary
to complete the registration of the person under this Act.
(2) The Commissioner shall issue one TIN to each person registered.
(3) The TIN issued by the Commissioner shall be used for tax purposes under all tax laws.
(4) A person shall state that person’s TIN on any return, notice, communication, or other
document furnished, lodged, or used for the purposes of a tax law.
(5) Subject to subsection (6), a TIN is personal to the person to whom it has been issued and
shall not be used by another person.
(6) The TIN of a registered tax payer may be used by a registered tax agent if— (a) the person
has given written permission to the registered tax agent to use the TIN on their behalf; and
(b) the registered tax agent uses the TIN only in respect of the tax affairs of the tax payer.
(7) The Commissioner shall by notice in writing, cancel a TIN if satisfied that— (a) the person
is deregistered for the purposes of all tax laws; (b) a TIN has been issued to the person under
an identity that is not that person’s true identity; or (c) the person has been previously issued
with a TIN that is still in force.
(8) The Commissioner may, at any time, by notice in writing, cancel the TIN issued to a person
and issue the person with a new TIN.
(9) A local authority, Government institution or regulatory body shall not issue a licence or any
form of authorisation necessary for purposes of conducting any business in Uganda to any
person who does not have a tax identification number including a tax identification number
issued by foreign tax authorities with whom Uganda has a tax treaty or agreement for the
exchange of information. 3
6. Deregistration.
(1) A person who is no longer required to be registered for the purposes of a tax law may, in
the prescribed manner, apply to the Commissioner to be deregistered.
(2) The Commissioner shall by notice in writing, deregister a person if— (a) that person has
applied for deregistration and the Commissioner is satisfied that the person is no longer
required to be registered; or (b) that person has not applied for deregistration but the
Commissioner is satisfied that the person is eligible for deregistration.
(3) Deregistration takes effect from the date specified in the notice of deregistration.
(4) A person who is deregistered shall comply with any requirements relating to
deregistration as specified under the tax law to which the registration relates.
3
Inserted by TPC (Am) Act, 2021
PART III—TAX AGENTS AND TAX REPRESENTATIVES
(a) the Commissioner General, or his or her representative for purposes of this Act, who
shall be the Chairperson;
(b) one representative from the accountancy profession nominated by the Institute of
Certified Public Accountants of Uganda;
(c) a representative from the legal profession nominated by the Uganda Law Society; and
(d) two members from the private sector with expertise or relevant experience in economics,
finance or taxation who shall be appointed by the Board of the Uganda Revenue
Authority,
(3) The Commissioner shall receive and maintain a register of all registered tax agents.
(4) In exercise of its functions under this Act, the Committee shall make rules to govern its own
procedure.
8. Tax agents.
(1) An individual, partnership, or company may apply to the Committee for registration as a
tax agent.
(2) An application for registration as a tax agent under subsection (1) shall be in the
prescribed form and shall be accompanied by the prescribed fee.
(a) in the preparation, certification, and filing tax returns, information returns or other
statements or reports required by the Authority.
(b) in the preparation of requests for ruling, petitions for reinvestigation, protests,
objections, requests for refund or tax certificates, compromise settlements and/or
abatement of tax liabilities and other official papers and correspondences with the
Authority.
(c) in meetings and hearings on behalf of the taxpayer in all matters relating to a taxpayer
rights, privileges or liabilities under the laws or regulations administered by the
Authority.
(a) the partner or employee specified in the application as the nominee of the partnership or
company respectively is a fit and proper person to prepare tax returns and transact
business with the Commissioner under a tax law on behalf of a taxpayer; and
(b) a partner in the partnership or a director, manager or other executive officer of the
company is of high integrity and good character.
(3) An individual applying for registration as a tax agent, or in the case of an application by a
partnership or company, the partner or employee specified as the nominee of the partnership
or company respectively, shall meet the following requirements—
(a) have been awarded a degree or a post-graduate award from an approved tertiary
institution in the discipline that is relevant for the provision of tax agent services; or
(b) have successfully completed a course in taxation that is recognised by the Tax
Registration Committee; or
(c) in the coming into force of this Act, have been engaged in the equivalent of 24 months of
full-time tax practice in the preceding 5 years.
(4) The registration of a tax agent shall remain in force for twelve months from the date of
registration.
(5) The Commissioner shall notify the applicant of the decision on the application.
(5a) A person who is not registered as a tax agent under this section shall not act as a tax agent. 4
(6) This section does not apply to an advocate acting as an advocate to a tax payer under
section 8 (3) (b) and (c).5
(1) A tax agent may apply to the Committee for the renewal of the tax agent’s registration.
(2) An application under subsection (1) shall be in the prescribed form and shall be
accompanied by the prescribed fee.
(3) The application shall be submitted to the Committee within twenty one days before the
date of expiry of the tax agent’s registration or a later date allowed by the Committee.
(4) The Committee shall renew the registration of a tax agent who has applied under
subsection (1) if the tax agent still meets the requirements for registration.
(5) The Committee shall in writing notify the applicant of the decision on the application to
renew registration.
4
Inserted by TPC (Am) Act, 2021
5
Inserted by TPC (Am) Act, 2021
11. Registration of additional or substituted tax agents.
(1) A partnership or company registered as a tax agent may apply to the Committee, in the
prescribed form and accompanied by the prescribed fee, to register a partner of the
partnership or an employee of the company as an additional or substituted tax agent.
(2) The Committee shall register the person nominated under subsection (1) if satisfied that
the person is a fit and proper person to prepare tax returns and transact business with the
Committee under a tax law on behalf of a taxpayer. (3) The Committee shall in writing
notify an applicant under this section of the decision of the Committee on the application.
(1) A partnership that is registered as a tax agent shall notify the Committee, in writing, if
—
(a) there is a change in the composition of the partnership, within seven days after the
change in composition; or
(b) (the partnership is going to be dissolved within, seven days before the dissolution
of the partnership.
(2) A company that is registered as a tax agent shall notify the Committee, in writing, if
—
(a) a registered nominee ceases to be an employee of the company or a person
becomes a director, manager, or other executive officer of the company, within
seven days after the employee ceases to be employed, or the person becomes a
director, manager or other executive officer; or
(b) the company is going into liquidation within seven days before the company goes
into liquidation.
(2) A tax agent may apply to the Committee, in the prescribed form to cancel the registration
of the agent where the agent no longer wishes to be registered as a tax agent.
(3) The Committee may cancel the registration of a tax agent if the Committee is satisfied
that—
(a) in the case of an individual, the person is no longer a fit and proper to prepare tax
returns and transact business with the Committee under the tax laws on behalf of a
taxpayer;
(b) in the case of a partnership, the additional or nominated partner has ceased to be a
partner in the partnership or the partnership has applied to the Committee to cancel
the registration of the partner;
(c) in the case of a company, the person nominated has ceased to be employed by the
company or the company has applied to the Committee to cancel the registration of
the employee;
(d) a tax return prepared and delivered by the tax agent is false in any material particular,
unless the tax agent establishes to the satisfaction of the Committee that it was not
due to any willful or negligent conduct of the tax agent;
(e) the tax agent has ceased to meet the requirements for registration as a tax agent; or
(f) the tax agent has ceased to carry on business as a tax agent.
(4) The Committee shall give notice, in writing, to a tax agent of a decision to cancel the
registration of the tax agent or a nominee of the tax agent.
(5) The cancellation shall take effect from the date specified in the notice.
Tax representatives
(2) If there are two or more tax representatives of a taxpayer, the obligations referred to in
this section apply jointly and severally to the tax representatives [agents]6 but may be
discharged by any of them.
(4) A tax that, by virtue of subsection (1), is payable by the representative of a tax taxpayer
is recoverable from the agent only to the extent of the assets of the taxpayer that are in the
possession or under the control of the tax representative.
(5) Subject to subsection (6), a tax representative [agent]7 is personally liable for the
payment of any tax due by the tax representative in that capacity if, while the amount
remains unpaid, the representative—
(a) alienates, charges, or disposes of any moneys received or accrued in respect of which
the tax is payable; or
(b) disposes of or parts with any moneys or funds belonging to the taxpayer that are in
the possession of the representative or which come to the representative after the tax
is payable, if tax could legally have been paid from or out of the moneys or funds.
(6) A tax representative is not personally liable for tax if— (a) the monies were paid by the
representative on behalf of a taxpayer and the amount paid has priority, in law or equity,
over the tax payable by the taxpayer; or (b) at the time the monies were paid, the
representative had no knowledge, and could not reasonably be expected to know, of the
taxpayer’s tax or duty liability.
(7) An amount that a tax representative is personally liable for under subsection (5) shall be
6
Substituted by TPC (Am) Act, 2021
7
Substituted by TPC (Am) Act, 2021
collected and recovered in accordance with this Act.
(8) Nothing in this section relieves a taxpayer from performing any obligation imposed on
the taxpayer under a tax law that the tax representative of the taxpayer has failed to
perform.
(9) A reference in this section to a tax liability includes any interest payable in respect of the
liability.
PART IV—RECORD-KEEPING
(2) Where, at the end of the time specified in subsection (1) (c), a record is necessary for a
proceeding commenced before the end of the five-year period, the person shall retain the
document until all proceedings have been completed.
(3) A mode of record keeping shall contain sufficient transaction information and, in the
case of a record in electronic format shall be capable of being retrieved and converted to
a standard record format equivalent to that contained in an acceptable paper record.
(4) The Commissioner may, on the application of a taxpayer who wishes to keep records in
a language other than English or in a currency other than Uganda Shillings, allow the
taxpayer to keep records in a different language or currency.
(5) An application under subsection (4) shall clearly state the reasons of the applicant for
wishing to keep records in a different language or currency.
(6) Where a record referred to in subsection (1) is not in English, the Commissioner may, by
notice in writing, require the person keeping the record to provide, at the person’s
expense, a translation into English by a translator approved by the Commissioner.
(7) A taxpayer granted permission to keep records in a language other than English shall file
a tax return or provide other correspondence with the Commissioner in English.
(2) Where a person does not furnish a tax return under subsection (1), the Commissioner
may at the person’s cost, by notice in writing, appoint another person to prepare and
furnish the return on behalf of that person.
(3) A return furnished under subsection (2) shall be treated, for all the purposes of the tax
law under which the return is required to be furnished, to be the return of the person
required to furnish the return.
(4) Where the Commissioner is not satisfied with a tax return furnished by a person, other
than a self-assessment return, the Commissioner may, by notice in writing, require the
person who has furnished the return to provide a fuller or further tax return.
(5) A taxpayer with an annual turnover of the amount prescribed in Schedule 3 shall furnish
with the taxpayer’s return of income audited financial statements prepared by an
accountant registered by the Institute of Certified Public Accountant of Uganda.
(6) A tax return purporting to be made by or on behalf of a person is treated as having been
made by the person or with the person’s authority unless the contrary is proved.
(7) The following are tax returns for the purposes of this Act—
(8) For purposes of subsection (7), the applicable time frame for lodging a return shall be as
follows—
(a) in the case of a return of income, every taxpayer shall furnish a return of income for
each year of income of the taxpayer not later than six months after the end of that
year;
(b) in the case of a return of rental income, every taxpayer shall furnish a return of rental
income for each year of income of the taxpayer not later than six months after the end
of that year;
(c) a provisional taxpayer’s estimate shall be in the form prescribed by the Commissioner
and shall be furnished to the Commissioner by the due date for the payment of the
first installment of provisional tax for the year of income; [in the case of a provisional
tax estimate, every taxpayer is required to furnish a return of provisional tax
estimate]8
(d) in the case of a business information return, a person who is required to furnish a
business information return with the commissioner should do so within sixty days
8
Substituted by TPC (Am) Act, 2017
after the end of the year of income in which the payment was made;
(e) in the case of the Value Added Tax Act, a taxable person shall lodge a Value Added
Tax return with the Commissioner General for each tax period within fifteen days
after the end of the tax period;
(f) in the case of an Excise Duty return, a person who is required to furnish an excise
duty return with the Commissioner General shall do so by the fifteenth day of the
following month;
(g) in the case of the Lotteries and Gaming Act, 2016, a licensed person shall furnish
returns with the Commissioner as follows—
(i) a weekly return, by Wednesday of the following week; and
(ii) a monthly return, by the fifteenth day of the following month.
[in the case of the Gaming and Pool Betting Act, a person who is required to furnish
a return with the commissioner shall do so in the period specified under the Act]9
(h) in case of any other return required to be furnished under a tax law, a person is
required to furnish such return with the commissioner in the period specified under
the tax law to which the return relates;
(i) in case of any form required to be furnished under a tax law containing information
relating to an assessment of tax, a person is required to furnish such a form with the
commissioner in the period specified by the Commissioner.
(1) A tax agent who prepares or assists in the preparation of a tax return of a taxpayer shall
provide the taxpayer with a signed certificate in the prescribed form—
(a) stating the sources available to the tax agent for the preparation of the return; and
(b) certifying that the tax agent has examined the documents of the taxpayer and that, to
the best of the tax agent’s knowledge, the return together with any supporting
documentation, reflects the correct data and transactions to which it relates.
(2) A tax agent who does not provide the certificate referred to in subsection (1) shall in
writing specify to the taxpayer the reasons for not providing the certificate.
(3) A tax agent who prepares or assists in the preparation of a tax return of a taxpayer shall
make a declaration in the taxpayer’s return stating whether a certificate under subsection
(1) or a statement under subsection (2) has been provided to the taxpayer.
(4) A tax agent shall, when required to do so by notice in writing from the Commissioner,
produce to the Commissioner a copy of the certificate under subsection (1) or the
statement provided to the taxpayer under subsection (2).
(5) A tax agent shall keep copies of certificates provided to taxpayers under subsection (1)
and statements provided to taxpayers under subsection (2) for five years from the date
that the tax return to which the certificate or statement relates is furnished.
(2) The Commissioner may, by notice in writing and at any time during the tax period,
require— (a) the taxpayer or the taxpayer’s representative to furnish a tax return for the
tax period by the date specified in the notice being a date that may be before the date that
the return for the tax period would otherwise be due; and (b) the taxpayer or taxpayer’s
representative to pay any tax due under the return.
(3) Where a taxpayer is subject to more than one tax, this section applies to each tax
separately.
(2) An application under subsection (1) shall be made by the date on which the return is
required to be furnished or made.
(3) Where an application has been made under subsection (1) and the Commissioner is
satisfied that the person is unable to furnish the tax return by the due date because of any
reasonable cause, the Commissioner may, by notice in writing, grant the person an
extension of time to furnish the return.
(4) The extension of time granted under subsection (3) shall not exceed an aggregate period
of ninety days.
(5) An extension of time granted under this section does not change the date for payment of
the tax due as specified in the tax law under which the tax return is required to be
furnished and interest remains payable on the unpaid tax from the date the tax was
originally due.
(6) The commissioner may allow an application for the extension of time after the expiry of
the due date if the commissioner is satisfied that the failure to furnish a tax return was
due to exceptional circumstances.
(2) The Commissioner shall prescribe the manner in which a tax stamp is to be affixed to
goods.
10
Part VA Inserted by TPC (Am) Act, 2017
(3) The Minister shall prescribe, by statutory instrument, the locally manufactured or
imported goods on which tax stamps shall be affixed.
(2) A person who prints over or defaces a tax stamp affixed on goods prescribed under
section 19A (3) is liable to pay a penal tax equivalent to double the tax due on the goods
or twenty million shillings, whichever is higher.
(3) A person found in possession of goods prescribed under section 19A (3), on which a tax
stamp is not affixed, is liable to pay a penal tax equivalent to double the tax due on the
goods or fifty million shillings, whichever is higher.
(4) A person who attempts to acquire or who acquires or sells a tax stamp without the
authority of the Commissioner commits an offence and is liable on conviction, to a
penalty equivalent to double the tax due on the goods or ten million shillings, whichever
is higher.
(5) Where the offender under subsection (4) attempts to acquire or acquires or sells a tax
stamp without goods, the offender shall be liable, on conviction, to a fine not exceeding
five hundred currency points or to imprisonment for a term not exceeding five years or
both.11
(6) A person, who acquires tax stamps with the authority of the Commissioner and affixes
the tax stamps on goods other than the goods approved by the Commissioner, commits an
offence is liable, on conviction, to double the tax due on the goods or five hundred
currency points, whichever is higher.
(7) For purposes of this section “tax” means tax imposed under the Excise Duty Act, 2014.
11
Section 19B(5) –(7) Inserted by TPC (Am) Act, 2021
(3) Where a taxable person has submitted a self-assessment return in the prescribed form for
a tax period and the taxable person has an excess input tax credit carried forward for that
tax period, the taxable person is treated, as having made an assessment of the amount of
the excess input tax credit carried forward for that tax period being that amount set out in
the return.
(4) Where a taxpayer electronically completes and submits a prescribed form for a tax return
that tax return is a self-assessment return despite the form having pre-filled information
provided by the Commissioner.
(5) The following are self-assessment returns for the purposes of this Act—
(2) The Commissioner shall serve a taxpayer assessed under subsection (1) with notice, in
writing, of the assessment specifying—
(a) the amount of tax assessed, assessed loss, or excess input tax credit, as the case may
be;
(b) the amount of penal tax and interest, if any, payable in respect of the amount
assessed;
(c) the tax period to which the assessment relates;
(d) the due date for payment of the tax, penal tax and interest; and
(e) the manner of objecting to the assessment.
(3) The service of a notice of an assessment under this section does not change the due date
for payment of the tax payable under the assessment as determined under the tax law
imposing the tax, and penal tax and interest remain payable based on the original due
date.
(3) Subsection (2) applies only if the taxpayer has not submitted a return as required by
section 18.
(a) may be made before the date on which the taxpayer’s tax return for the period is due;
and
(b) shall be made in accordance with the tax law in force at the date the assessment was
made.
(5) The Commissioner shall serve a taxpayer assessed under subsection (2) with notice, in
writing, of the assessment specifying—
(a) the amount of tax assessed;
(b) the amount of penal tax and interest, if any, payable in respect of the tax assessed;
(c) the tax period to which the assessment relates;
(d) the due date for payment of the tax, penal tax and interest; and
(e) the manner of objecting to the assessment.
(6) An assessment made under subsection (2) may be amended under section 23 so that the
taxpayer is assessed in respect of the whole of the tax period to which the assessment
relates.
(7) Nothing in this section relieves a taxpayer from being required to furnish the tax return
to which the assessment served under this section relates.
(3) Subject to subsection (1), a taxpayer who has furnished a self-assessment return, other
than a taxpayer whose return is being investigated, may upon discovering an error within
three years [twelve months]12 after the date of furnishing the return, apply to the
Commissioner for leave to make an additional assessment.
(4) The Commissioner shall within thirty days after receiving the application, in writing
notify the taxpayer of the decision.
(5) For the purposes of subsection (2)(b) the additional assessment shall be limited to
amending the alterations and additions made in the additional assessment.
(6) Where the Commissioner has made an additional assessment under this section, the
Commissioner shall serve the taxpayer with notice, in writing, of the additional
assessment specifying—
(a) the amount assessed as tax, assessed loss, or excess input tax credit, as the case may
be;
(b) the amount of penal tax and interest, if any, payable in respect of the amount assessed
as a result of subsection (2) (a);
(c) the tax period to which the assessment relates;
(d) the [due]13 date for payment of any tax, penal tax and interest being a date that is not
less than forty-five days from the date of service of the notice; and
(e) the manner of objecting to the assessment.
(7) The service of a notice of an additional assessment under this section does not change
the due date for payment of the tax payable under the assessment as determined under the
tax law imposing the tax, and penal tax and interest shall remain payable based on the
original due date.
(8) Subsection (6) shall not apply to where the circumstances leading to the additional
assessment are occasioned by an error on the part the Commissioner.
(2) An objection shall be in the prescribed form and shall state the grounds upon which it is
12
Substituted by TPC (Am) Act, 2021
13
Repealed by TPC (Am) Act, 2021
made and contain sufficient evidence to support the objection.
(3) Where a taxpayer has lodged an objection to a tax assessment for a tax period, the
Commissioner may consider the objection if the taxpayer—
(a) has furnished the return to which the assessment relates in the case of a default or
advance assessment;
(b) has paid the tax due under the return to which the assessment relates together with
any penalty or interest due.
(4) A person may apply in writing to the Commissioner for an extension of time to lodge an
objection and the Commissioner may, if satisfied with the grounds upon which the
application is made, grant an extension for such period as the Commissioner determines.
(6) The Commissioner shall serve notice of an objection decision on the person objecting
within ninety days from the date of receipt of the objection.
(7) Subject to subsection (9), where an objection decision has not been served within the
time specified under subsection (6), the person objecting may, by notice in writing to the
Commissioner, elect to treat the Commissioner as having made a decision to allow the
objection.
(8) Where a person makes an election under subsection (7), the person is treated as having
been served with notice of the objection decision on the date the person’s election is
lodged with the Commissioner.
(9) The time limit for making an objection decision is waived where a review of a taxpayer’s
records is necessary for settlement of the objection and the taxpayer is notified.
(10) Where the Commissioner reviews the taxpayer records under subsection (9), the
Commissioner shall within the time specified in subsection (6) notify the taxpayer of the
review.
(11) A tax payer who is dissatisfied with a decision of the Commissioner may apply to
the Commissioner to resolve the dispute using alternative dispute resolution procedure, as
may be prescribed.14
(12) For the purposes of subsection (11), the Minister may make regulations to
provide for alternative dispute resolution for tax purposes.
(2) A person dissatisfied with a decision of the Tribunal may, within 30 days after being
served with a notice of the decision, lodge an application with the High Court for review
of the decision.
Tax collection
27. Payment of tax.
(1) The tax owing by a taxpayer for a tax period is payable on the date specified in the tax law
under which the tax is payable.
(2) An amount that is treated as tax for the purposes of this Act shall be collected by the
Commissioner serving a notice of demand on the person liable for the amount.
(3) The amount is payable on the date specified in the notice being a date that is not less than
twenty-eight days from the date of service of the notice.
(4) The Commissioner may waive the amount or accept a lesser amount than is required to be
paid under section 24 (3) where an objection has reasonably been made to a tax assessment.
(2) An application for an extension of time to pay tax shall be made by the due date for
payment of the tax to which the application refers.
(3) Where an application has been made under this section, the Commissioner may, having
regard to the circumstances of the case and by notice in writing—
(a) grant the taxpayer an extension of time for payment of the tax; or
(b) require the taxpayer to pay the tax in such installments as the Commissioner may
determine.
(4) Where tax is permitted to be paid by installments and there is default in payment of any
installment, the whole balance of the outstanding tax becomes payable immediately.
(5) Despite the grant of an extension of time or permission to pay tax by instalments, the
liability for interest arises from the original due date for payment of the tax.
(2) The Commissioner may sue for and recover unpaid tax in a court of competent
jurisdiction in Uganda.
(3) In any suit under this section, the production of a certificate signed by the Commissioner
stating the name and address of the taxpayer and the amount of tax payable is conclusive
evidence of the amount of tax payable by the taxpayer unless the contrary is proved.
(2) A copy of a certificate issued under subsection (1) shall be served on the taxpayer named
in the certificate if it is practicable to do so.
(3) Payment of the tax specified in the certificate to a customs or immigration officer or the
production of a certificate signed by the Commissioner stating that the tax has been paid
or secured is sufficient authority for allowing the taxpayer to leave Uganda.
(2) Where this section applies to a taxpayer, the Commissioner may, by notice in writing,
require a person who—
(a) owes or may subsequently owe money to the taxpayer;
(b) holds or may subsequently hold money, for or on account of, the taxpayer;
(c) holds money on account of some other person for payment to the taxpayer; or
(d) has authority from some other person to pay money to the taxpayer,
to pay the amount specified in the notice to the Commissioner, being an amount that
shall not exceed the amount of the unpaid tax or the amount that the Commissioner
believes will not be paid by the taxpayer by the due date.
(3) A person to whom a notice is served under subsection (2) shall pay the amount specified
in the notice under subsection (2) by the date specified in the notice, being a date that is
not before the date that the amount owed by the payer to the taxpayer becomes due to the
taxpayer or held on the taxpayer’s behalf.
(4) If a notice served under subsection (2) requires a person to deduct amounts from salary,
wages, or other similar remuneration payable at fixed intervals to the taxpayer, the
amount required to be deducted by the person from each payment shall not exceed twenty
percent of the amount of each payment of the pension, salary, wages, or other
remuneration.
(5) Where a person served with a notice under subsection (2) is unable to comply with the
notice by reason of lack of moneys owing to, or held for the taxpayer, the person shall, as
soon as is practicable and in any case before the payment date specified in the notice,
notify the Commissioner accordingly.
(6) If a notice is served on the Commissioner under subsection (5), the Commissioner shall,
by notice in writing—
(a) accept the notification and cancel or amend the notice issued under subsection (2); or
(b) reject the notification.
(7) The Commissioner shall, by notice in writing to a person under this section, revoke or
amend a notice served under subsection (2) if the taxpayer has paid the whole or part of
the tax payable or has made an arrangement satisfactory to the Commissioner for
payment of the tax.
(8) A copy of a notice served on a person under this section shall also be served on the
taxpayer.
(9) A person making a payment in accordance with a notice under subsection (2) is treated
as acting under the authority of the taxpayer and of all other persons concerned and is
indemnified in respect of the payment despite any provisions to the contrary in any
written law, contract, or agreement.
(10) The Commissioner must credit any amount paid by a person under this section
against the tax owing by the taxpayer.
(11) A person who does not comply with a notice issued under this section is
personally liable for the amount specified in the notice which shall be treated and
collected as unpaid tax under this Act.
(3) For the purposes of executing distress under subsection (1), the Commissioner or an
officer authorised by the Commissioner may—
(a) at any time, enter any premises described in the order for distress proceedings; and
(b) require a police officer to be present while the distress is being executed.
(4) Any property subject to distress proceedings under this section shall be—
(a) identified by the attaching of a notice stating “PROPERTY IMPOUNDED FOR
NOT COMPLYING WITH TAX OBLIGATIONS BY ORDER OF THE
COMMISSIONER GENERAL OF THE UGANDAN REVENUE AUTHORITY
UNDER SECTION 34 OF THE TAX PROCEDURES CODE ACT; and
(b) kept at the premises where the distress is executed or at any other place that the
Commissioner or authorised officer may consider appropriate, at the cost of the
taxpayer.
(5) If the taxpayer does not pay the tax due and specified in the order under subsection (1),
together with the costs of the distress—
(a) in the case of perishable goods, within a period that the Commissioner or authorised
officer considers reasonable having regard to the condition of the goods; or
(b) in any other case, within ten days after the distress is executed,
the property subject to the distress proceedings may be disposed of by sale by public
auction or in such other manner as the Commissioner or authorised officer may direct.
(6) The proceeds of a disposal under subsection (5) shall be applied by the Commissioner in
the following order—
(a) towards the cost of taking, keeping, and selling the property subject to distress
proceedings;
(b) towards the payment of any tax, penalty, or interest owing by the taxpayer; and
(c) the remainder of the proceeds, if any, are to be paid to the taxpayer.
(7) Where the proceeds of disposal are less than the sum of the costs of the distress and the
tax payable, the Commissioner or authorised officer may recover the shortfall in
accordance with this Part.
(2) Where a taxpayer does not pay the tax due after service of a notice under subsection (1),
the Commissioner or authorised officer may issue an order to close down part or the
whole of the business premises of the taxpayer for a period not exceeding fourteen days.
(3) The Commissioner or authorised officer may, at any time, enter any premises described
in an order issued under subsection (2) for the purposes of executing the order and may
require a police officer to be present while the order is being executed.
(4) The Commissioner or an authorised officer shall affix in a conspicuous place at any
entrance to the premises that have been closed in accordance with an order issued under
subsection (2), a notice in the following words—
(5) If the tax due is satisfied during the period of closure, the Commissioner shall
immediately remove the notice referred to in subsection (4).
(2) The Commissioner shall serve a copy of the notice on the taxpayer.
(3) Upon receipt of the notice under subsection (1), the Registrar shall, without fee, register
the directive as if it were an instrument of mortgage or charge on the land or building and
that registration, subject to any prior mortgage or charge, operates in all respects as a
legal mortgage or charge on that land or building to secure the amount of the unpaid tax.
(4) Where a taxpayer does not pay the tax due within twelve months after receiving the copy
of the notice under subsection (2) the Commissioner may commence distress proceedings
against the land or building of the taxpayer.
(5) Upon receipt of the full amount of tax secured under this section, the Commissioner shall
notify the Registrar to cancel the entry made under subsection (3) and the Registrar shall,
without fee, cancel the entry.
(6) This section does not preclude the Commissioner from registering a caveat on the land or
building as an interim measure to stop the transfer of the land or building.
(2) Goods seized under subsection (1) shall be stored in a place approved by the Commissioner
or authorised officer for the storage of seized goods.
(3) Upon seizing the goods, the person seizing the goods shall obtain a written statement from
the owner or the person who has custody or control of the goods at the time of the seizure,
specifying the quantity and quality of the goods.
(4) Subject to subsection (5), where goods are seized under this section, the Commissioner or
authorised officer shall, within ten days after the seizure, serve on the owner of the goods or
the person who has custody or control of the goods immediately before the seizure, a notice-
(a) identifying the goods;
(b) stating that the goods have been seized under this section and the reason for the seizure;
and
(c) setting out the terms for the release or disposal of the goods.
(5) Where after making reasonable enquiries, the Commissioner does not have sufficient
information to identify the person on whom a notice under subsection (4) should be served,
the Commissioner or authorised officer may serve the notice on a person claiming the goods,
but that person must give sufficient information to enable the notice to be served.
(6) The Commissioner or authorised officer may authorise the release of any goods seized
under subsection (1) to the person on whom a notice under subsection (4) has been served
where that person has paid, or gives security for the payment of the tax assessed as payable
or the tax that will become payable in respect of the supply, removal, or import of the goods.
(7) If the proceeds of disposal are less than the sum of the costs of the seizure and the tax
payable, the Commissioner or authorised officer may recover the shortfall in accordance
with this Part.
(8) Subject to subsection (6), the Commissioner shall retain the goods seized under subsection
(1)—
(a) in the case of perishable goods, for a period that the Commissioner or authorised officer
considers reasonable having regard to the condition of the goods; or
(b) in any other case, until the later of—
(i) ten days after the seizure of the goods; or
(ii) ten days after the date on which payment of the tax is due in respect of the supply, or
import of the goods.
9. Upon expiry of the period specified in subsection (8), the Commissioner or an authorized
officer may sell the goods in the manner specified in section 32(5) and apply the proceeds
of sale as set out in section 32(6).
(1) The following amounts are held in trust for the Government by the person receiving or
withholding the amount—
(a) if the person is a taxable person under the Value Added Tax Act, the VAT on taxable
supplies made by the person, net of any input tax credit allowed; and
(b) withholding tax.
(2) Despite any other enactment, withholding tax withheld or deducted by a person—
(a) shall not be subject to attachment in respect of any debt or liability of the person;
(b) is a first charge on the payment or amount from which the tax is withheld or
deducted; and
(c) shall be withheld or deducted prior to any other deduction that the person may be
required to make from the payment or amount under an order of any court or any
other law.
(3) Where the Commissioner is satisfied that tax has been overpaid, the Commissioner shall
—(a) apply the excess in reduction of any other tax due from the taxpayer; (b) apply the
balance of the excess, if any, in reduction of any outstanding liability of the taxpayer to
pay other taxes not in dispute or to make provisional tax payments during the year of
income in which the refund is to be made; and (c) refund the remainder, if any, to the tax
payer.
2. [If a taxpayer has more than one tax liability at the time a payment is made, subsection
(1) applies to the earliest liability first.]16
15
Substituted by TPC (Am) Act, 2017
16
Repealed by TPC (Am) Act, 2021
(2) Interest paid by a person under subsection (1) shall be refunded to the person to the
extent that the principal amount to which the interest relates is found not to have been
payable.
is borne personally by the person and is not recoverable from any other person.
(2) Where a taxpayer’s case is referred to the Minister under subsection (1) and the Minister
is satisfied that the tax due cannot be effectively recovered, the Minister may remit in
whole or part the tax payable by the taxpayer.
(3) For the purposes of this section “tax” includes interest and penal tax.
(1) The Minister shall pay any tax due and payable by Government, arising from a
commitment made by Government to pay tax on behalf of a person or owing from
Government as counterpart funding for aid funded projects.
(2) Notwithstanding subsection (1), all unpaid taxes by Government as at 3l’t June, 2019 are
written off.
(3) The Minister shall publish in the Gazette, a list of all taxes waived under subsection (2).
(2) The deferral referred to under subsection (1) shall apply only to a person who is a
registered tax payer involved in the business of education, tourism, manufacturing,
horticulture or floriculture.
17
Inserted by TPC (Am) Act, 2019
18
Inserted by TPC (Am) Act, 2020 WEF 1/4/2020
(3) A person registered as a tax payer under section 4(1) of this Act and who was liable to
withhold tax under section 116 of the Income Tax Act on or after 1st April, 2020 and
before 30th June, 2020 shall have his or her liability to pay the tax withheld deferred until
31st December, 2020.
(4) No interest or penalty shall accumulate on the outstanding amount of tax during the
period referred to in subsections (1) and (3).
PART X—INVESTIGATIONS
(2) The Commissioner may require a police officer to be present for the purposes of
exercising powers under this section.
(3) The occupier of the premises or place in which an exercise of power under subsection (1)
relates shall provide all reasonable assistance and facilities necessary for the effective
exercise of the power including— (a) answering questions relating to the investigation to
which the exercise of power relates orally or in writing; or (b) providing access to
decryption information necessary to decrypt data to which access is sought under this
section.
(4) A person whose records or data storage device have been seized and retained under this
section may access and examine them, including making copies or extracts from them
under supervision as the Commissioner may determine.
(5) The Commissioner shall sign for all records or data storage devices seized and retained
under this section.
19
Inserted by TPC (Am) Act, 2020 WEF 1/4/2020
(6) Where any record or data storage device seized and retained under this section is lost or
destroyed while in the possession of the Commissioner, the Commissioner shall
appropriately compensate the owner for the loss or destruction.
(7) This section has effect despite—
(a) any law relating to privilege or the public interest with respect to access to premises
or places, or the production of any property or record, including in electronic format;
or
(b) any contractual duty of confidentiality.
(2) If a notice under subsection (1) is unable to be served on a person in accordance with
section 48, the notice may be published in any widely circulated newspaper in Uganda and
publication in such newspaper is treated as service for the purposes of this section.
(3) The Commissioner may require the information referred to in subsection (1) to be—
(a) given on oath and, for that purpose, the Commissioner may administer the oath; or
(b) verified by statutory declaration or otherwise.
(2) A tax payer providing ware housing or clearing and forwarding services shall obtain a
tax clearance certificate from the Commissioner as proof of compliance with the
taxpayer’s obligations.
(3) A taxpayer supplying goods or services to the Government shall obtain a tax clearance
certificate from the Commissioner as proof of compliance with the taxpayer’s tax
obligations.
(4) Any person who requires a tax clearance certificate shall apply to the Commissioner for
the certificate as proof of tax compliance.
Practice Notes
(1) The Commissioner may issue practice notes setting out the Commissioner’s
understanding of the application of a provision in a tax law.
(2) The Commissioner shall issue a practice note by publishing a notice of the practice note
in the Gazette.
(3) A practice note issued under this Act is binding on the Commissioner until it is revoked
by the Commissioner.
(4) A practice note applies from the date specified in the notice and if no date is specified,
from the date of publication in the Gazette.
(5) The Commissioner may revoke a practice note, in whole or part, by publishing a notice
of the revocation in the Gazette or in any widely circulated newspaper.
(6) A practice note that has been revoked in whole or in part shall— (a) continue to apply to
a transaction commenced before the practice note is revoked; and (b) not apply to a
transaction commenced after the practice note is revoked to the extent that the practice
note is revoked.
Private Rulings
45. Private rulings.
(1) Subject to subsection (2), the Commissioner may, upon application in writing by a
taxpayer, issue to the taxpayer a private ruling setting out the position of the
Commissioner regarding the application of a provision in a tax law to a transaction
entered into or proposed to be entered into by the taxpayer.
(2) The Commissioner may reject an application for a private ruling if—
(a) the Commissioner has already decided the matter that is the subject of the application
in a tax assessment;
(b) the Commissioner is of the opinion that an existing practice note adequately covers
the matter that is the subject of the application;
(c) the application relates to a matter that is the subject of a tax audit or an objection;
(d) the application is frivolous or vexatious;
(e) the transaction to which the application relates has not been carried out and there are
reasonable grounds to believe that it will not be carried out;
(f) the applicant has not provided the Commissioner with sufficient information to make
a private ruling; or
(g) in the opinion of the Commissioner, it would be unreasonable to comply with the
application having regard to the resources needed to comply.
(3) Where a taxpayer has made a full and true disclosure of the nature of all aspects of the
transaction relevant to the ruling and the transaction has proceeded in all material
respects as described in the taxpayer’s application for the ruling, the ruling is binding on
the Commissioner in relation to the taxpayer to whom the ruling has been issued.
(5) Where a private ruling is inconsistent with an existing practice note, the private ruling
has priority to the extent of the inconsistency.
(6) Where the Commissioner rejects an application for a private ruling, the Commissioner
shall notify the taxpayer in writing.
(7) A private ruling is issued by serving a written notice of the ruling on the applicant and
the ruling shall set out the matter ruled on, identifying—
(8) The Commissioner may revoke a private ruling in whole or in part by written notice
served on the taxpayer to whom the ruling is issued.
(9) A private ruling is not a tax decision for the purposes of this Act.
46. Delegation.
(1) Subject to this Act, the Commissioner may, by written instrument, delegate to a tax
officer, an accounting officer of a local government or Kampala Capital City Authority
any duty, power, or function conferred or imposed on the Commissioner under a tax law,
other than the power to compound offences under section 66 and the power to delegate
conferred by this section.
(2) A reference in a tax law to the Commissioner includes, in respect of the exercise of a
power or performance of a function delegated to a tax officer, a reference to the tax
officer.
(3) A delegation under this section is revocable at will and does not prevent the exercise of a
power or performance of a function by the Commissioner.
47. Confidentiality.
(1) A tax officer shall regard as secret and confidential all information and documents
received in performance of duties as a tax officer.
(2) A person appointed under, or employed in carrying out the provisions of a tax law shall
not disclose any information or produce any document which has come into the person’s
possession or knowledge in connection with the performance of duties under a tax law
except as may be necessary for the purpose of giving effect to the provisions of a tax law.
(3) Nothing in this section prevents the disclosure of information or any document to—
(a) a court or the Tribunal where the disclosure is required for the purposes of a tax law;
(b) the Minister or any other person if the disclosure is necessary for the purposes of a tax
law;
(c) a person in the service of the Government in a revenue or statistical department if
such disclosure is necessary for the performance of the person’s official duties;
(d) the Auditor-General or any person authorised by the Auditor-General if disclosure is
necessary for the performance of official duties; or
(e) the competent authority of the government of another country with which Uganda has
entered into an agreement for the avoidance of double taxation or for the exchange of
information, to the extent permitted under that agreement.
(4) A person receiving documents and information under subsection (2) or (3) is required to
keep them secret under the provisions of this section, except to the minimum extent
necessary to achieve the purpose for which the disclosure is necessary.
(5) Documents and information obtained by the Commissioner in the performance of the
Commissioner’s duties and powers under a tax law may be used by the Commissioner for
the purposes of any other tax law.
(6) This section shall continue to apply to a former tax officer or person formerly appointed
or employed under a tax law as it applies to a tax officer.
Penal tax
(1) A person who, upon request by the Commissioner, fails to provide records in respect of
transfer pricing within 30 days after the request, is liable to a penal tax equivalent to fifty
million shillings.
(2) A person who fails to provide information other than information referred to in
subsection (1), to the Commissioner upon request, is liable to a penal tax of twenty
million shillings.
(2) A provisional taxpayer whose estimate or revised estimate of gross turnover for a year of
income is less than ninety percent of the taxpayer’s actual gross turnover for that year is
liable to penal tax equal to twenty percent of the difference between the tax calculated in
respect of the taxpayer’s estimate, or as revised, of gross turnover and the tax calculated
in respect of ninety percent of the taxpayer’s actual gross turnover for the year of income.
(3) This section does not apply to a taxpayer who is in the business of agricultural,
plantation, or horticultural farming.
(2) The penalty imposed under this section shall be recovered and collected by the
Commissioner as if it were unpaid tax.
(2) A person is liable for penal tax if the Commissioner serves notice on the person of a
demand for the penal tax setting out the amount of penal tax payable and the due date for
payment being a date that is not less than twenty-eight days from the date of service of
the notice.
(3) Penal tax shall not be imposed on a person for an act or omission if the person has been
convicted of an offence for the same act or omission.
(4) Where penal tax has been paid and criminal proceedings are instituted in respect of the
same act or omission, the Commissioner shall refund the amount of penal tax paid.
(5) Where good cause is shown, in writing, by the person liable to pay penal tax, the
Minister may, on the advice of the Commissioner, remit in whole or part, any penal tax
payable.
(6) Penal tax is treated as unpaid tax for the purposes of this Act and shall be recovered and
collected as unpaid tax.
PART XV—OFFENCES
(1) A person who does not furnish a tax return by the due date, or within such further time as
the Commissioner may allow, commits an offence and is liable on conviction to a fine not
exceeding fifty [twenty-five]21 currency points.
(2) Where a person convicted of an offence under subsection (1) fails to furnish the return to
which the offence relates within the period specified by the court, the person commits
another offence and is liable on conviction to a fine not exceeding one hundred [fifty]22
currency points.
21
Substituted by TPC (Am) Act, 2021
22
Substituted by TPC (Am) Act, 2021
(c) provide reasonable facilities and assistance as required under section 41
(d) comply with a notice served on the person under section 42;
(e) get a tax clearance certificate prior to performing an act specified in section 43; or
(f) comply with sections 11, 13, 47 or 72,
commits an offence and is liable on conviction to a fine not exceeding one hundred
[twenty-five]23 currency points.
(2) A person who notifies the Commissioner in writing under section 31(5) is considered to
be in compliance with any notice served on the person under section 31(2) until the
Commissioner serves the person with a notice under section 31(6) amending the notice
served under section 31(2) or rejecting the person’s notice under section 31(5).
(2) A person who uses a TIN of another person is treated as having used a false TIN, unless
the TIN has been used in the circumstances specified in section 5(6).
commits an offence and is liable on conviction to a fine not exceeding two hundred
[forty-eight] currency points or imprisonment for a term not exceeding ten [two] years or
both.26
(2) Section 50 applies in determining whether a person has made a statement to a tax officer.
23
Substituted by TPC (Am) Act, 2021
24
Substituted by TPC (Am) Act, 2021
25
Substituted by TPC (Am) Act, 2021
26
Substituted by TPC (Am) Act, 2021
currency points or imprisonment for a term not exceeding ten [two] years or both.27
(1) A person who aids, abets, counsels, or induces another person to commit an offence
under a tax law, commits an offence and is liable on conviction for the same punishment
as imposed for the principal offender.
(2) Where the offender under subsection (1) is a tax agent, the tax agent shall be liable to a
fine equal to double the tax evaded or not exceeding two hundred and fifty currency
points whichever is higher, or to imprisonment for a term not exceeding five years, or
both.28
commits an offence and is liable on conviction to a fine not exceeding two hundred and
fifty [forty-eight] currency points or imprisonment not exceeding ten [two] years or both.29
27
Substituted by TPC (Am) Act, 2021
28
Inserted by TPC (Am) Act, 2021
29
Substituted by TPC (Am) Act, 2021
30
Substituted by TPC (Am) Act, 2021
62 A. Offence relating to acting as a tax agent without registration
A person who is not registered as a tax agent who acts as a tax agent commits an offence and is
liable on conviction to fine not exceeding twenty-four currency points or to imprisonment not
exceeding one year or both.31
commits an offence and is liable on conviction to a fine not exceeding one hundred
and fifty [forty-eight] currency points or imprisonment for a term not exceeding six
[two] years or both.32
commits an offence and is liable on conviction to a fine not exceeding one hundred and
fifty [forty-eight] currency points or imprisonment for a term not exceeding six [two]
years or both.33
(3) A tax officer who commits an act specified in subsection (1) and who volunteers
information to the Commissioner relating to that act is—
(a) exonerated from prosecution; but
(b) is liable for twenty percent of the fine that would be imposed on a person convicted of
an offence under subsection (1).
(4) A person who commits an act specified in subsection (2), and who volunteers
information to the Commissioner relating to that act is—
(a) exonerated from prosecution; but
(b) is liable for the amount of tax unpaid as a result of the agreement with the tax officer
31
Inserted by TPC (Am) Act, 2021
32
Substituted by TPC (Am) Act, 2021
33
Substituted by TPC (Am) Act, 2021
referred to subsection (2).
(5) A tax officer convicted of an offence under subsection (1) is, in addition to any
punishment imposed under that subsection, liable for the amount of tax unpaid as a result
of the agreement with the tax officer referred to subsection (2).
(6) A person who impersonates a tax officer commits an offence and is liable on conviction
to a fine not exceeding one hundred [fifty] currency points or imprisonment for a term
not exceeding six [two] years or both.34
(4) When an offence under a tax law is committed by an unincorporated association or body
of persons, the offence is treated as having been committed by a person who, at the time
the offence was committed, was—
(a) involved in the management of the unincorporated association or body of persons; or
(b) acting or purporting to act in that capacity.
(2) Notwithstanding anything in any written law, a tax officer duly authorised in writing by
the Commissioner may conduct any prosecution for an offence under this Act and for that
purpose, the officer has all the powers of a public prosecutor appointed under section 42
of the Magistrates Courts’ Act subject to the powers of Director of Public Prosecutions
under article 120 of the Constitution.
(1a) Where a person has committed an offence under a tax law, other than under section 63
of this Act and that person voluntarily discloses the commission of the offence to the
Commissioner, at any time prior to the commencement of court proceedings, the
Commissioner may enter into an agreement with the offender to compound the offence if the
offender agrees to pay to the Commissioner the outstanding unpaid tax and that person shall
not be required to pay any interest or fine due35.
(2) The Commissioner may compound an offence under this section only if the offender
admits, in writing, to committing the offence and requests the Commissioner to enter into
a compounding agreement in relation to the offence.
(3) If the Commissioner compounds an offence under this section, the compounding
agreement in relation to the offence— (a) shall specify the name of the offender, the
offence committed, the sum of money to be paid, and the date for payment; (b) shall have
a copy of the written admission referred to in subsection (2) attached; (c) shall be served
on the offender; (d) is not subject to any appeal; (e) may be enforced in the same manner
as a decree of any court for the payment of the amount stated in the order; and (f) on
production to any court, is treated as proof of the conviction of the offender for the
offence specified.
(4) Where the Commissioner compounds an offence under this section, the offender is not
be liable for prosecution or penal tax in respect of the same act or omission that was the
subject of the compounded offence.
PART XVI—MISCELLANEOUS
(2) The Commissioner shall make any document referred to in subsection (1) available to
the public at the offices of the Authority and at other locations, or by mail or other means,
determined by the Commissioner.
(3) A notice or other document issued, served, or given by the Commissioner under a tax law is
sufficiently authenticated if the name or title of the Commissioner, or an authorised tax officer, is
printed, stamped, or written on the document.
(2) The Commissioner shall publish the prescribed forms in the gazette and a newspaper
with wide circulation.
(2) For the purposes of subsection (1), the Commissioner may prescribe conditions for—
(3) Where a tax return or other document of a registered user has been transmitted to the
Commissioner through the electronic system using the authentication code assigned to a
registered user—
(a) with or without the authority of the registered user; and
(b) before the registered user applies to the Commissioner for cancellation of the
authentication code, the return or other document is, for the purposes of the tax law
under which it has been furnished, presumed to be furnished by the registered user
unless the registered user proves the contrary.
(4) A person who furnishes an electronic tax return or other document on behalf of another
person must not divulge or disclose the contents of the return or document, or a copy of
it, without the prior written consent of the Commissioner.
(1) A taxpayer may issue an e-invoice or e-receipt, or employ an electronic fiscal device
which shall be linked to the centralised invoicing and receipting system or a device
authenticated by the Uganda Revenue Authority.
(2) The Commissioner shall, by notice in the Gazette, specify taxpayers for whom it shall be
mandatory to issue e-invoices or e-receipts or employ electronic fiscal devices which
shall be linked to the centralised invoicing and receipting system or devices authenticated
36
Inserted by TPC (Am) Act, 2018 WEF date of Publication in the Gazette
by the Uganda Revenue Authority.37
(3) A taxpayer specified by the Commissioner under subsection (2), shall issue electronic
invoices or e- receipts or employ an electronic fiscal device in all business transactions.
(1) A taxpayer specified under section 13A (2) who does not use an electronic fiscal device
is liable to pay a penal tax equivalent to the tax due on the goods or services, or four
hundred currency points, whichever is higher.
(2) A taxpayer specified under section 73A (2) who does not issue an e -invoice or e- receipt
for goods or services, or who tampers with an electronic fiscal device, is liable to pay a
penal tax equivalent to the tax due on the goods or services or three hundred currency
points, whichever is higher
(3) A person who attempts to acquire or who acquires an electronic fiscal device that is not
linked to the centralised invoicing and receipting system or authenticated by the Uganda
Revenue Authority commits an offence and is liable, on conviction, to a term of
imprisonment not exceeding three years or a fine not exceeding three hundred currency
points, or both.
75. Regulations.
(1) The Minister may, by statutory instrument, make regulations—
(a) prescribing fees, or other matters required under this Act; or
(b) for the better carrying into effect of the provisions and purposes of this Act.
(2) Without prejudice to the general effect of subsection (1), regulations made under that
subsection may—
(a) contain provisions of a saving or transitional nature subsequent to the coming into
force of this Act; or
37
Uganda Gazette Vol. CXIII No. 38 0f 23/6/2020 – General Notice No. 595 of 2020
38
Inserted by TPC (Am) Act, 2018 WEF Date of Publication in the Gazette
39
Inserted by TPC (Am) Act, 2019. Section 8 of the Finance Act, 2014 Repealed
(b) prescribe in respect of a contravention of the regulations—
(i) a penalty not exceeding a fine of one hundred twenty-five currency points or
imprisonment not exceeding one year or both;
(ii) in the case of the second or subsequent offence, a penalty not exceeding a fine
of fifty currency points or imprisonment not exceeding two years or both;
(iii) in the case of a continuing offence, an additional fine not exceeding five
currency points in respect of each day on which the offence continues; and
(iv)a requirement that the court must forfeit to the Government anything with
which the offence was committed.
(2) The Minister may, by statutory instrument with the approval of Parliament amend
Schedule 2 or 3.
77. Repeals.
(1) The following provisions of the Income Tax Act are repealed— (a) sections 92, 94-110;
(b) sections 129 and 131 to 135; and (c) sections 137 to 162.
(2) The following provisions of the Value Added Tax Act are repealed— (a) Part VIII
sections 31, 32 and33; (b) sections 33A to 40; (c) sections 46 to 64; (d) sections 68 to
70A; and (e) sections 79 and 80.
(2) Where the period for making any application, appeal, or prosecution has expired before
the commencement of this Act, nothing in this Act is to be construed as enabling the
application, appeal, or prosecution to be made under this Act by reason only of the fact
that a longer period is specified in this Act.
(3) A tax liability that arose before the commencement of this Act may be recovered under
this Act, but without prejudice to any action already taken for the recovery of the tax.
(4) All forms and documents used under the tax laws specified in Schedule 2 may continue
to be used until they are revoked under this Act and all references in those forms and
documents to the tax laws under that Schedule are taken to refer to the corresponding
provisions in this Act.
SCHEDULE 1
Section 3
CURRENCY POINT
SCHEDULE 2
Section 2.
TAX LAWS
SCHEDULE 3
Section 15
SCHEDULE 440
Section 3
Tax returns filed with Commissioner General
(a) Value Added Tax return;
(b) Income Tax return;
(c) Withholding Tax return;
(d) Excise Duty return;
(e) Tax return under section 50 of the Lotteries and Gaming Act, 2016; and
(f) Stamp Duty return.
40
Schedule 4 Inserted by TPC (Am) Act, 2019
Cross References
1. Income Tax Act, Cap 340
2. Tax Appeals Tribunal Act, Cap 345
3. Uganda Revenue Authority Act, Cap 196
4. Value Added Tax Act, Cap 349
5. Lotteries and Gaming Act, 2016, Act 7 of 2016
STATUTORY INSTRUMENTS
SUPPLEMENT No. 8 18th March, 2016
to The Uganda Gazette No. 18, Volume CIX, dated 18th March, 2016
Printed by UPPC, Entebbe, by Order of the Government.
STATUTORY INSTRUMENTS
1. Title.
This Instrument may be cited as the Tax Procedures Code (Commencement) Instrument, 2016.
The 1st day of July, 2016 is appointed as the date on which the Tax Procedures Code Act, 2014
shall come into force.
STATUTORY INSTRUMENTS
SUPPLEMENT No. 34 24th December,
2018
to The Uganda Gazette No. 66, Volume CXI, dated 24th December, 2018
Printed by UPPC, Entebbe, by Order of the Government.
S T A T U T O R Y I N S T R U M ENT
Regulation
PART I – PRELIMINARY.
1. Title
2. Interpretation
STATUTORY INSTRUMENT
In EXERCISE of the powers conferred upon the Minister by section 75 of the Tax Procedures
Code Act, 2014, these Regulations are made this 2nd day of October, 2018.
PART I—PRELIMINARY.
1. Title
These Regulations may be cited as the Tax Procedures Code (Tax Stamps) Regulations, 2018.
2. Interpretation
(1) Every package of prescribed goods manufactured in or imported into Uganda shall be
affixed with a tax stamp.
(2) The Commissioner shall, by notice in the Gazette and in at least two newspapers of
national circulation, specify —
(a) the mode of management of the tax stamps by tax payers;
(b) the nature of the tax stamps to be affixed on prescribed goods; and
(c) the manner in which the tax stamps shall be affixed.
(4) Notwithstanding sub regulation (3) (b), the Commissioner may require that tax stamps be
affixed on the prescribed goods in the production facility within the exporting country,
subject to such conditions as the Commissioner may specify.
(5) A person shall not, except with the approval of the Commissioner, remove goods from
the place designated for affixing the tax stamps, unless the goods have been affixed with
stamps in accordance with this regulation.
(6) Section 19B(3) of the Act shall apply to a person who contravenes sub regulation (5).
4. Procurement
(1) The Commissioner shall, in accordance with the Public Procurement and Disposal of
Public Assets Act, 2013 procure a person to—
(a) print and deliver tax stamps at such a time, place and in such a manner as the
Commissioner may prescribe;
(b) develop, install and maintain the system at the premises of the manufacturers,
importers and the Authority; and
(c) develop, install and maintain any other related system as the Commissioner may
prescribe.
(2) For purposes of sub regulation (1)(b) the Commissioner shall define the functional,
security and fiscal control requirements to be observed by the contractor in developing,
installing and maintaining the system.
(4) The system referred to in sub regulation (1)(b) shall be employed for the sale, delivery
and activation of stamps before they are affixed on the prescribed goods.
(5) For purposes of determining the quantity of tax stamps to be procured, the
Commissioner may require a manufacturer or importer to provide, at least one hundred
and twenty days before the beginning of a financial year, a forecast of the quantities of
tax stamps which the manufacturer or importer intends to use in the next financial year.
5. Registration
(1) The Commissioner shall register all importers and manufactures of prescribed goods and
may impose such conditions on the importers and manufactures as may be necessary for
the purposes of the registration.
(2) A person shall not manufacture or import prescribed goods unless that person is licensed
or registered by the Commissioner.
(2) An application for tax stamps shall be submitted to the Commissioner at least sixty days
before the manufacture or importation of the prescribed goods.
(3) A manufacturer or importer of prescribed goods shall pay the stamp fees on the approval
of the application by the Commissioner.
(4) The Commissioner may require proof of importation by an importer of prescribed goods
before issuing the importer with the tax stamps.
(5) Notwithstanding subregulation (4), the Commissioner may, subject to any conditions as
the Commissioner may impose, issue tax stamps to an importer of prescribed goods
before importation.
(2) The stamp fees shall be paid to the Commissioner by manufacturers and importers of
prescribed goods, based on the quantity of stamps issued to them.
(3) The stamp fees shall be paid before the stamps are issued to the manufacturer or importer.
(4) The Authority shall maintain a bank account in which the revenue from the sale of tax
stamps shall be deposited for purposes of paying the printers of the tax stamps supplied
and for defraying the expenses of managing the system.
(2) The Commissioner shall refund to the manufacturer or the importer, as the case may be,
the tax stamp fees paid for tax stamps that are returned under this regulation within ninety
days of the return of the stamps.
(3) Where the Commissioner is not satisfied with the accountability of the taxpayer, the
Commissioner shall communicate to the taxpayer in writing, giving reasons for the
dissatisfaction and requiring the taxpayer to show cause within 10 days after receiving
the communication, why a tax equivalent to the tax stamps that are not accounted for,
should not be computed on the goods.
(4) Where the Commissioner is not satisfied with the explanation of the taxpayer in sub
regulation (3), the taxpayer shall be deemed to have manufactured or imported the
prescribed goods of the quantity equivalent to the quantity of the tax stamps that are not
accounted for, and the Commissioner shall compute the tax payable on the goods as if
those tax stamps were affixed to the goods.
(5) An authorized officer shall examine and verify a tax stamp that is alleged to be
damaged, and if satisfied that the tax stamp is damaged, shall off set the damaged tax
stamps from the tax stamps supplied.
(2) A tax payer shall, in writing to the Commissioner, apply for the transfer of tax stamps and
shall specify—
(3) The Commissioner shall consider the application and communicate to the importer or
manufacturer in writing, the decision on the application and if the application is rejected, the
Commissioner shall give reasons for the rejection.
(4) A manufacturer or importer who transfers tax stamps without the prior approval of the
Commissioner commits an offence and is liable on conviction, to a penalty equivalent to
double the tax due on the goods or ten million shillings, whichever is higher.
(4) During the installation of the system, the manufacturer or importer shall ensure that the
production lines are in proper operating condition.
(2) A manufacturer or importer shall be responsible for the cost of tax stamps applicators,
adjustments or adaptations of their equipment and premises necessary to install and
integrate the new or modified system on each production line.
(3) Where a manufacturer or importer is required to carry out adjustments or provide
information required by the Commissioner for the installation of the new or modified
system, the manufacturer or importer shall carry out the adjustments or provide the
information at least seven days before the date of the installation of the new or modified
system.
(3) The Commissioner or an authorised officer shall secure the production line that is not
operating, using a security seal and shall register the action in the system.
(4) A manufacturer shall not resume operation on the production lines referred to in sub
regulation (2) except with the authority of the Commissioner.
(2) For purposes of sub regulation (1)(d) a manufacturer or importer shall, in a manner
prescribed by the Commissioner, declare to the Commissioner, at least thirty days in
advance of the start of production of new brands of goods or of any change in the graphic
art of existing ones, together with the corresponding packages and labels.
(2) For purposes of subregulation (1) the coding shall be such as to enable authentication,
accounting for production, tracking and tracing of the prescribed goods.
(2) Any goods, stamps or equipment which are seized under these Regulations shall be
disposed of in a manner that the Commissioner considers fit.
STATUTORY INSTRUMENTS
SUPPLEMENT No. 8 26th February, 2021
to The Uganda Gazette No. 20, Volume CXIV, dated 26th February, 2021
Printed by UPPC, Entebbe, by Order of the Government.
STATUTORYINSTRUMENTS
2021 No. 13.
The Tax Procedures Code (Prescription of Goods for Affixation of Tax Stamps Instrument, 2021
(Under section 19A (3) of the Tax Procedures Code Act, 2014, Act 14 of 2014)
IN EXERCISE of the powers conferred upon the Minister responsible for finance, by section
19A (3) of the Tax Procedures Code Act, 2014, this Instrument is made this 18th day of
February, 2021.
1. Title
This Instrument may be cited as the Tax Procedures Code (Prescription of Goods for Affixation
of Tax Stamps) Instrument, 2021.
The Tax Procedures Code (Prescription of Goods for Affixation of Tax Stamps) Instrument,
2019 is hereby revoked.
SCHEDULE
Regulation 2
1. Beer
2. Spirits
3. Wine
4. Soda
5. Mineral water
6. Tobacco product
7. Cement
8. Sugar
MATIA KASAIJA, (MP)
Minister of Finance, Planning and Economic Development.
Uganda Gazette No. 38 Volume CXIII of 23/6/2020. General Notice No. 595 of 2020
Notice is hereby given to the general public by Uganda Revenue Authority pursuant to Section
73A(2) of the Tax Procedures Code Act, that it is mandatory for all Value Added Tax (VAT)
registered taxpayers to issue E-Invoices or E-Receipts in accordance with the Tax Procedures
Code (E-Invoicing and E-Receipting) Regulations, 2020.
JOHN R. MUSINGUZI
Commissioner General, Uganda Revenue Authority
STATUTORY INSTRUMENTS
SUPPLEMENT No. 23 23rd June, 2020
to The Uganda Gazette No. 38 Volume CXIII, dated 23rd June, 2020
Printed by UPPC, Entebbe, by Order of the Government.
STATUTORYINSTRUMENTS
ARRANGEMENT OF REGULATIONS
Regulation
PART I—PRELIMINARY
1. Title
2. Interpretation
PART II—E- INVOICING AND E-RECEPTING
3. Centralised invoicing and receipting system
4. Issuance of fiscal documents
5. Fiscal devices
6. Issuance of manual receipts or invoices
7. Electronic dispenser controller
8. Maintenance of fiscal devices
PART III—GENERAL
9. Obligations of taxpayer
10. Reports
SCHEDULES
STATUTORYINSTRUMENTS
In EXERCISE of the powers conferred upon the Minister by section 75 of the Tax Procedures
Code Act, these Regulations are made this 22nd day of June, 2020.
PART I—PRELIMINARY
1. Title
These Regulations may be cited as the Tax Procedures Code (E-invoicing and E-receipting)
Regulations, 2020.
2. Interpretation
(2) The Commissioner shall use the System to monitor and manage the issuance of fiscal
documents for purposes of—
(a) real time transmission and authentication of business transactions and transaction
data;
(b) ascertaining accuracy of self-assessments;
(c) facilitating the pre-filing of tax returns;
(d) timely processing of tax refunds;
(e) any other purpose necessary for efficient tax administration purposes only.
(3) For purposes of subregulation (2), the System shall be interoperable with the electronic
means of issuance of fiscal documents referred to in regulation 4(1) and shall detect and
acknowledge that a transaction has occurred and that a fiscal document has been issued.
(2) The fiscal document shall be in the form prescribed in the Schedule 1.
5. Fiscal devices
(1) A taxpayer refered to in regulation 4(1) shall acquire a fiscal device from a
manufacturer, systems developer or supplier accredited by the Commissioner.
(2) A taxpayer who elects to issue fiscal documents under regulation 4 (1)(a) and (e) shall, at
his or her own cost, integrate the business or enterprise resource planning system or the
fiscal device, as the case may be, with the System.
(3) For purposes of subregulation (2), a taxpayer shall ensure that the business or enterprise
resource planning system or the fiscal device is—
(2) A taxpayer who issues a manual receipt under sub regulation (1)(a) shall upload the
manual receipt as soon as practicable after the System is restored, and in any case, not
later than twenty-four hours after the System has been restored
(3) A tax payer who issues a manual receipt under sub regulation(1)(b), (c) or (d) shall
upload the manual receipt, including the reference of the manual receipt, on the System
within twenty-four hours after issuing the manual receipt.
(4) A taxpayer who contravenes this regulation shall be liable to pay a penal tax relating to
electronic receipting and invoicing in accordance with section 73B of the Act.
(5) For purposes of this Regulation, “manual receipt or invoice” means an invoice or receipt
other than an e-receipt or e- invoice.
(a) a functionality of recording daily inventory data of the tank and the relation of oil
tank and oil pistol uploaded into the system;
(b) an oil pistol control system that shall be used to calculate the oil pump capacity; and
(c) capacity to generate receipts with oil pistol numbers printed on them.
(3) A fiscal device shall not be removed from the point of sale without the approval of the
Commissioner.
PART III—GENERAL
9. Obligations of taxpayer
(1) A taxpayer is responsible for—
(a) maintaining stable power and internet connectivity at the place of business;
(b) the security of the device;
(c) procuring and installing fiscal devices;
(d) notifying the supplier in case a need for repairs or maintenance services, arises;
(e) making full disclosure of information and correct declaration of all transactions at all
times; and
(f) ensuring compliance with these regulations.
(2) A taxpayer who fails or refuses to perform the responsibilities referred to in sub
regulation (1) commits an offence and is liable, on conviction, to a fine not exceeding one
hundred currency points or to a term of imprisonment not exceeding one year or both.
(3) In addition to the penalty referred to in sub regulation (2) a taxpayer who fails or refuses
to perform the responsibilities referred to in sub regulation (1) shall be deemed to have
failed to maintain records and shall be liable to pay penal tax for failing to maintain
proper records in accordance with section 49 of the Act.
10. Reports
(1) A taxpayer shall, in case of downtime, maintain a Z daily report and a price look up
report.
(2) A price look up report shall contain the price settings of the commodities for purposes of
verifying the prices on fiscal documents.
(3) A taxpayer shall generate a Z daily report at the close of business of each day and the
report shall contain the transactions conducted and the fiscal documents generated for
that day.
(4) Notwithstanding sub regulation (2) the commissioner may require a taxpayer to furnish
him or her with a Z daily report at any time of the day.
(5) A Z daily report and a price look up report shall be in the form set out in part 1 and part 2
of the Second Schedule, respectively, unless the Commissioner provides otherwise.
(6) For purposes of this regulation, “downtime” means the period when the taxpayer issues a
manual receipt in accordance with regulation 6(1).
_________
SCHEDULE 2
Regulation 10
REPORTS
PARTICULARS OF SELLER
National Identification Number (NIN)
………………………………………………………………………….
(a) Tax Identification Number (TIN)
…………………………………………………………………………
(b) Trading name
…………………………………………………………………………………………..
(c) Device number………………………………………………………………………
PARTICULARS OF BUYER
(a) Name of buyer ………………………………………………………………………
(b) National Identification Numbers (NIN) …………………………………………….
(c) Tax Identification Numbers (TIN) ………………………………………………….
TRANSACTIONAL DETAILS
(a) Time when the First fiscal document is generated………………………………….
(b) Time when the last fiscal document is generated……………………………………
(c) Total discount amount……………………………………………………………….
(d) Transactional details per item sold as;
(i) Transaction type
(ii) Document type (original or copy)
(iii) Brief description of goods or services
(iv)Item code
(v) Item Name
(vi)Quantity
(vii) Unit price
(viii) Rate of tax for each category of goods and services
(ix)Tax category
(x) Total amount before tax
(xi)Total tax amount
(xii) Total amount not taxable (zero rate/ exempt)
(xiii) Total amount deemed before tax
(xiv) Total deemed tax
(xv) Total amount per transaction
(xvi) Count of fiscal document.
(xvii) Number of items sold per transaction
(xviii) Payment mode per transaction
(xix) Currency
(xx) Discount amount
(xxi) Total refund amount for all refund receipts, including tax.
MATIA KASAIJA,
Minister of Finance, Planning and Economic Development.