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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)
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
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
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