You are on page 1of 8

WITHHOLDING TAX:

A Simplified Guide
WITHHOLDING TAX: A Simplified Guide 1
WITHHOLDING TAX:
A Simplified Guide
1. WHAT IS WITHHOLDING TAX? • Goods and Services
• Imports
Withholding tax is a form of income
• Professionals fees
tax. This tax is deducted at source at
• Interest Dividends
source and remitted to URA in advance
• Rent
by the payer. The person making
• Natural resource payments
payment is obliged to withhold tax and
• Royalty
is referred to as a withholding agent and
• Management charge
the person receiving payments from
• Ugandan-source services contract
which tax is required to be withheld
• 10% should be withheld by
is the payee. The law stipulates the
Resident persons who purchase
persons who are required to withhold
assets from non-resident persons
the tax and the persons from whom
• 10% Commission on mobile money
the tax is withheld. This depends on the
• 1% Agricultural supplies
nature and the circumstances of the
• 2% non-resident transporters
transaction.
• 5% non-resident internet service
Withholding tax should be considered
providers
when making the following payments:
• Employment income (PAYE)

2 WITHHOLDING TAX: A Simplified Guide


2. WITHHOLDING TAX ON EMPLOYMENT INCOME (SEC.116 ITA)
Employment income consists of salary, allowances and benefits in kind. Income
tax on employment income (commonly known as Pay As You Earn) is deducted
by the employer from the employment income of every qualifying employee on a
monthly basis and remitted to Uganda Revenue Authority.

The tax for resident persons is calculated as follows:


MONTHLY CHARGEABLE INCOME RATE OF TAX

Not exceeding Shs. 235,000 Nil

Exceeding shs. 235,000 but not exceeding 10% of the amount by which chargeable income
Shs. 335,000 exceeds Shs. 235,000 per month

Exceeding shs.235000 but not exceeding Shs. 10% of the amount by which chargeable income
335,000 exceeds Shs. 235000

Exceeding Shs. 410,000 (a) Shs. 25,000 plus 30% of the amount by which
chargeable income exceeds Shs. 410,000
(b) Where the chargeable income of an individual
exceeds 10,000,000 per month, an additional 10%
is charged on the amount by which the chargeable
income exceeds shs. 10,000,000 per month

For non-resident persons, the tax is calculated as follows:


MONTHLY CHARGEABLE INCOME RATE OF TAX

Not exceeding Shs. 335,000 10%

Exceeding Shs. 335,000 but not exceeding Shs. Shs. 33,500 plus 20% of the amount by which
410,000 chargeable income exceeds Shs. 335,000

Exceeding Shs. 410,000 (a) Shs. 48,500 plus 30% of the amount by which
chargeable income exceeds Shs. 410,000

(b) Where the chargeable income of an individual


exceeds 10,000,000 per month, an additional 10%
is charged on the amount by which the chargeable
income exceeds shs. 10,000,000 per month

WITHHOLDING TAX: A Simplified Guide 3


3. WITHHOLDING TAX ON
PROFESSIONAL FEES (SEC.118A
ITA)
A resident person who pays
management or professional fees to a
resident person is required to withhold
tax at a rate of 6 percent of the gross
amount of the payment.

4. WITHHOLDING TAX ON WINNINGS


OF SPORTS OR POOL BETTING (SEC
118 C ITA)
A person who makes payments for
winnings of sports betting or pool
betting shall withhold tax on gross
amount of the payment at a rate of 15%

5. WITHHOLDING TAX ON GOODS


AND SERVICES (SEC. 119 ITA)
the Customs Value of the goods at
Where Government of Uganda; a 6% except supplies & imports by
Government institution; a local organizations or persons exempt from
authority; a company in which income tax
Government has interest or any person
designated in a notice issued by the 7. WITHHOLDING TAX ON INTEREST
Minister of Finance, pays amounts PAYMENTS (SEC. 117 ITA)
in aggregate exceeding one million
shillings to any person in Uganda for A resident person who pays interest
the supply of goods, materials of any to another resident person is required
kind or services, the payer is required to to withhold tax at 15% of the gross
withhold tax at a rate of 6 percent of the amount of the interest paid.
gross amount paid. This withholding tax is not applicable
It is important to note that this tax is where:
imposed on any part payments for • Interest is paid by a natural person
the contract if all payments for this • Interest , other than interest from
contract when aggregated exceeds the government securities, paid to a
threshold of one million shillings. financial Institution
• Interest is paid by a company to an
6. WITHHOLDING TAX ON IMPORTS associated company.
(SEC.119 ITA) • Interest paid is exempt from tax in
the hands of the recipient.
Every person who imports goods into Please note that withholding tax on
Uganda is liable to pay withholding interest is a FINAL TAX where it has
tax at the time of importation on

4 WITHHOLDING TAX: A Simplified Guide


expenditure or losses incurred in
deriving the income and;
d. No refund of tax shall be made in
respect of the income.

8. WITHHOLDING TAX ON
DIVIDENDS (SEC.118 ITA)
A resident Company which pays a
dividend to a resident shareholder is
required to withhold tax at 15% of the
gross amount of the dividend paid,
except where the dividend income is
exempt from tax in the hands of the
shareholder. Where the shareholder is a
natural person (resident individual), the
tax withheld on such

9. WITHHOLDING TAX ON
INTERNATIONAL PAYMENTS
been withheld on:- (SEC.83 ITA)
i. Payments of interest on treasury Tax is imposed on every non-resident
bills or other government securities person who derives any dividend,
by the Bank of Uganda to any interest, royalty, rent, natural resource
person payment or management charge from
ii. Payment of interest by financial sources in Uganda. The tax is withheld
institution (e.g Bank) to a resident by the payer at a rate of 15% of the gross
individual other than in the capacity amount before payment/remittance of
of trustee the amount is made. However, this does
iii. Payment of interest by financial not apply to amounts from activities of
institution (e.g Bank) to a resident a Ugandan branch of the Non Resident.
etirement Fund However interest paid abroad by a
iv. Payment of interest by a financial resident person is exempt from tax if:
institution (e.g a Bank) to an i. Borrowing is through debentures
expected Organization. which were widely issued for
purposes of raising loan capital to
Final tax means: carry out business in Uganda; and
a. The interest and dividend will not ii. Borrowing is made from a financial
be subjected to further tax; institution of a public character
b. That income is not aggregated with iii. Debenture interest is paid outside
the other income of the taxpayer Uganda.
for the purposes of ascertaining
chargeable income; 10. WITHHOLDING TAX ON
c. No deduction is allowed for any PAYMENTS TO NON – RESIDENT
WITHHOLDING TAX: A Simplified Guide 5
ENTERTAINERS OR SPORTS contract with a non-resident is required,
PERSONS (SEC. 84 ITA) within 30 days of entering into the
contract, to notify the Commissioner of
Tax is imposed on the income derived
the nature and duration of the service
in Uganda by every non-resident
contract, and disclose the particulars of
entertainer, sports person, or theatrical,
the non-resident to whom the payment
musical or other related groups of
is to be made, as well as the full contract
entertainers. The tax is charged at a
value. Basing on this, the Commissioner
rate of 15% of the gross amount of the
may require the payer to withhold the
remuneration derived by the public
relevant tax at a rate specified in a
entertainer/sports person. Where the
notice by the commissioner.
tax is levied on a group, every member
of the group is jointly and severally
Note that failure to notify the
liable for payment of the tax.
Commissioner makes that person
personally liable to pay the tax that
The obligation to withhold the tax under
should have been paid by the non-
this provision is placed with the person
resident person. And the person is
making the payment e.g. promoter,
entitled to recover this amount from
agent, or such similar person. The tax
the non-resident.
is payable before the person leaves the
country.
13. 1% WITHOLDING TAX ON
AGRICULTURAL SUPPLIES
11. WITHHOLDING TAX
ON PAYMENTS TO NON The Tax policy changes for fiscal year
RESIDENT CONTRACTORS OR 2018/2019 introduced one percent
PROFESSIONALS (SEC.85 & 121 Withholding tax on agricultural supplies
ITA) to designated agents. The designated
agent must deduct 1% WHT on
Withholding tax is also imposed on
payment for agricultural supplies above
every non-resident person deriving
one million.
income under a Ugandan - source
service contract.
This is a contract under which the 14. WITHOLDING TAX ON
principle purpose is the performance PAYMENTS OF RE-INSURANCE
of services which gives rise to income PREMIUMS SECTION 118D
sourced in Uganda, and any goods A resident person who makes a
supplied under the contract are only payment of a premium for re-insurance
incidental to the purpose. services to a no-resident person shall
A Ugandan-sourced service contract withhold 10% on the gross amount
does not include an employment of the payment in accordance with
contract. The tax is charged at a rate the provisions of part X1 of the third
of 15% of the gross amount of any schedule of the Income Tax Act.
payment to the non-resident under the
Ugandan sourced service contract.
Any person who enters into any service

6 WITHHOLDING TAX: A Simplified Guide


15. WITHOLDING TAX ON Except where it is a final tax, tax withheld
PAYMENTS OF COMMISSION TO against the tax assessed on the payee
MOBILE MONEY DEALERS for the year of income in which the
payment is made. Please note that the
The Tax policy changes for fiscal year
tax credit certificates will not be issued
2018/2019 introduced ten percent
where tax withheld is a final tax.
Withholding tax on commission given
to mobile money dealers. It is a final tax.
FAILURE TO WITHHOLD AND/
OR REMIT THE TAX WITH HELD
PROVISIONS RELATING (SEC.124 ITA)
TO ACCOUNTABILITY FOR
WITHHOLDING TAX (SEC. 123,125 & A withholding agent who fails to
126) withhold tax is personally liable to pay
to the Commissioner the amount of tax
The withholding agent is required by
which has not been withheld and/or
law to remit to URA the tax withheld
remitted to URA. The agent, however, is
(or that should have been withheld),
entitled to recover the amount from the
within 15 days after the end of the
payee thereafter.
month in which the payment was
made. Where tax is withheld from non-
PRIORITY OF TAX WITHHELD (SEC.
resident entertainers/sports person,
127 ITA)
the promoter/agent/similar person
shall remit the money to URA within five Like any other Government tax, the tax
days of the performance or by the day withheld is held by a withholding agent
before the date the non-resident leaves in trust for the Government of Uganda.
Uganda, whichever is earlier. It is therefore not subject to attachment
in respect of a personal debt or liability
The agent is further required to maintain of the agent and it does not form part
and keep available for inspection by of the estate of the agent in event
URA records of all payments to the of liquidation or bankruptcy and the
payee(s) and the corresponding tax Commissioner have a first claim before
withheld for 5 years after the end of the any distribution of property is made.
year of income to which such records
relate.

WITHHOLDING TAX: A Simplified Guide 7


For more details please contact us: Main office: Plot M 193/M194 Nakawa Industrial Area, P.O.Box 7279,
Kampala - Uganda | Tel: (256) 417-442097 | Contact Centre Tel: 0800117000 Email: info@ura.go.ug |
8 Website:
WITHHOLDING TAX: Awww.ura.go.ug
Simplified Guide | Facebook: @URApage | Twitter: @URAuganda

You might also like