The Tax Procedures Code Act, 2014
The Tax Procedures Code Act, 2014
The Tax Procedures Code Act, 2014
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- Act Tax Procedures Code Act - - -- 2014
THE TAX PROCEDURES CODE ACT, 2014.
ARRANGEMENT OF SECTIONS
Section
PART I—PRELIMINARY
Commencement.
Application,
Interpretation.
Registration
Tax identification number.
Deregistration.
PART Ill—TAx AGENTS AND TAX REPRESENTATIVES.
Registration of tax agents.
Tax Agents Registration Committee.
Tax Agents.
Registration of tax agents.
Renewal of registration.
Registration of additional or substituted tax agents.
Notice of change in registered particulars.
Cancellation of tax agent's registration.
Tax representatives.
Liabilities and obligations of a tax representative.
PART IV—RECORD-KEEPJNG.
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Section
PART VI—TAX ASSESSMENLS
Self-assessment.
Default assessment.
Advance assessment.
Additional Assessment.
Tax collection
Payment of Tax.
Extension of time to pay tax.
Tax as a debt due to the Government of Uganda.
Remission of tax.
PART X—INVESTIGATIONS.
Practice Notes
Practice notes.
Private Rulings,
Delegation.
Confidentiality.
Penal lax
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Section
PART XV—OFF-ENCIiS.
PART XVI—MISCELLANEOUS
DATE OF ASSENT:
Date of Commenceme,fl:
PART 1—PRELIMINARY
Commencement
This Act shall come into force on a date appointed by the Minister, by
statutory instrument.
Application
This Act shall apply to every tax law specified in Schedule 2,
Interpretation
In this Act, unless the context otherwise requires-
"additional assessment" means an additional assessment made
by the Commissioner under section 23;
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Act - --Tax Procedures Code Act - 2014
"Authority" means the Uganda Revenue Authority established
by the Uganda Revenue Authority Act;
"business infonnation return" means a return required to be
furnished under section 130 of the Income Tax Act;
"Commissioner" means the Commissioner-General appointed
under the UgandaRvenue Authority Act - -
Committee, means the Tax Agents Registration Committee
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"record" includes-
(a) a book of account, document, paper, register, bank
statement, receipt, invoice, voucher, contract and
agreement, or Customs declaration; or
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(b) any information or data stored on a mechanical or
electronic data storage device;
a tax assessment; or
(c) in any other case, the period for which the tax is
reported;
"tax representative" means-
for an individual under a legal disability, the guardian
or manager who receives or is entitled to receive
income on behalf, or for the benefit of that natural
person;
for a company, the chief executive officer, managing
director, or any director of the company;
Act Tax Procedures Code Act 2014
for a partnership, a partner in the partnership;
"unpaid tax" means tax that has not been paid by the due date,
but does not include tax that is the subject of an objection
and that is not required to be paid until the objection is
finally decided;
Act Tax Procedures Code Act 2014
"VAT" means Value Added Tax; and
"withholding tax" means any tax that a withholding agent is
required to deduct from a payment to a payee.
4. Registration.
(11) A person liable to pay tax under a tax law shall apply to the
Commissioner for registration in the prescribed manner.
The application shall be accompanied by the prescribed
evidence of the person's identity.
The Commissioner shall register a person who has applied
for re g istration if satisfied that the person meets the requirements for
registration.
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.
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.
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.
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(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 TINIs personal to the personto
whom it has been issued and shall not he used by another person.
(6) The TIN of a registered tax payer may be used by a registered
tax agent if-
the registered tax agent uses the TIN only in respect of the
tax affairs of the tax payer.
6. Deregistration.
(I) 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.
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(2) The Commissioner shall by notice in writing, deregistcr a
person if-
8. Tax agents.
(I) An individual, partnership, or company may apply to the
Committee for registration as a tax agent.
10 Renewal of registration.
A tax agent may apply to the Committee for the renewal of
the tax agent's registration.
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(3) The Committee shall in writing notify an applicant under this
Section of the decision of the Committee on the application.
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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;
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(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
agents but may be discharged by any of them.
PART IV-RECORD-KEEPING
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(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.
(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;
(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) Where a taxpayer is subject to more than one tax, this section
applies to each tax separately.
the due date for payment of the tax, penal tax and interest;
and
in any other case, of the tax payable by the taxpayer for the
period.
(3) Subsection (2) applies only if the taxpayer has not submitted
a return as required by section 18.
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(4) An assessment made under subsection (2)-
the due date for payment of the tax, penal tax and interest;
and
for an excess input tax credit under the Value Added Tax
Act, the taxpayer is assessed in respect of the correct
amount of the excess input tax credit for the period; or
the due 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
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(b) for any other tax decision, the burden is on the person
objecting to the decision to prove that the decision should
not have been made or should have been made differently.
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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.
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(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, bcng a date that is riot 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.
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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.
(a) at any time, enter any premises described in the order for
distress proceedings; and
Act Tax Procedures Code Act 2014
(b) require a police officer to be present while the distress is
being executed.
(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) towards the cost of taking, keeping, and selling the property
subject to distress proceedings;
Act Thx Procedures Code Act 2014
towards the payment of any tax, penalty, or interest owing
by the taxpayer; and
(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.
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.
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.
(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-
stating that the goods have been seized under this section
and the reason for the seizure; and
setting out the terms for the release or disposal 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.
withholding tax.
apply the excess in reduction of any other tax due from the
taxpayer;
(2) If a taxpayer has more than one tax liability at the time a
payment is made, subsection (1) applies to the earliest liability firsL
PART X—JNVESTIGATIONS
(a) shall have at all times and without prior notice, full and free
access to-
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(4) This Section has effect despite-
any law relating to privilege or the public interest with
respect to the giving of information or the production of
any record, including in electronic format; or
any contractual dutt of confidentiaity.
PART X1—TAX CLEARANCE CERTIFICATES
Practice Notes
Private Rulings
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Act Tax Procedures Code Ac! 2014
the taxpayer;
the tax law relevant to the ruling;
the tax period to which the ruling applies;
thetransaction to which the ruling relates; and
46. Delegation.
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 confelTed by this section.
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.
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.
Act Tax Procedures Code Act 2014
(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 taw.
(3) Nothing in this section prevents the disclosure of information
or any document to--
a court or the Tribunal where the disclosure is required for
the purposes of a tax law;
the Minister or any other person if the disclosure is
necessary for the purposes of a tax law;
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;
the Auditor-General or any person authorised by the
Auditor-General if disclosure is necessary for the
performance of official duties; or
Penal ((LK
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51. Penal tax for understating provisional tax estimates.
A provisional taxpayer, whose estimate or revised estimate
of chargeable income for a year of income is less than ninety percent
of the taxpayer's actual chargeable income assessed 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 chargeable income and the tax calculated in respect of ninety
percent of the taxpayer's actual chargeable income for the year of
income.
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(2) The penalty imposed under this section shall be recovered
and collected by the Commissioner as if it were unpaid tax.
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.
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
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if the failure or act is done knowingly or recklessly, to
a fine not exceeding fifty currency points or
imprisonment not exceeding two years or both; or
Compounding of offences.
(1) If a person has committed an offence under a tax law, other
than under section 63, the Commissioner may, at any time prior to the
commencement of court proceedings, enter into an agreement with
the offender to compound the offence if the offender agrees to pay to
the Commissioner-
PART XVI-M1SCELLANEOUS
document or notice at any time before the expiry of three years from
the date of making or issuing the order, decision, document or notice.
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(2) The Commissioner shall publish the prescribed forms in the
gazette and a news paper with wide circulation.
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(3) Where a notice or other document is served by registered
post, the notice or document is, in the absence of any proof to the
contrary, treated as having been sufficiently served on the fourteenth
day after the date of postage and, in proving service, it is sufficient
to prove that the envelope containing the notice or other document
was properly addressed and was posted..
75. Regulations.
(1) The Minister may, by statutory instrument, make
regulations-
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prescribing fees, or other matters required under this Act
or
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77. Repeals.
The following provisions of the Income Tax Act are
repealed-
(a) sections 92, 94-1 10
(h) sectibns 129 and 131 to 135; and
(c) sections 137 to 162.
Section 3
CURRENCY POINT
Section 2,
TAX LAWS
this Act;
(t) any other Act imposing a tax as the Minister, may by statutory
instrument declare in accordance with section 76 (2).
Act Tax ProceduresCode A ci 2014
SCHEDULE 3
Section 15
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Cross References
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