Professional Documents
Culture Documents
PRINCIPLES OF TAXATION
YEAR TWO
LECTURE NOTES
BY
ATUHEIRE GODWIN
TEL. 0787523525/0702920116
atuheired19@gmail.com
PRINCIPLES OF TAXATION
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Principles of Taxation DES II
Course Outline
1. Definitions
2. Introduction to taxation
3. Tax compliance
4. VAT system
5. Employment Income Tax
6. Property Income Tax
7. Business Income tax
Mode of delivery
Lectures
Presentations
Microteaching
Projects
Peer teaching
Mode of Assessment
Formative
Reference Materials
• Income Tax Act 1997 Cap 340 as amended. (DTLaws_2017 edition)
• URA (2015).Taxation handbook. A guide to Taxation in Uganda. Kampala: Uganda
Revenue Authority
• Internet address: ura.go.ug for more educational materials
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Definitions
A tax refers to a compulsory payment made by individuals or enterprises to the
government to finance the government activities.
A tax is a legal and compulsory transfer of income from the people to the government.
Taxation refers to the government policy of raising its revenue by charging different taxes
on incomes, property, profits and services so as to influence economic variables to
achieve set objectives.
It is the legal compulsory transfer of funds from the public to the fiscal authority irrespective
of the exact amount of benefits rendered to the tax payer by the government.
1. To raise Government revenue: Different taxes are charged for the government to
raise revenue for the development and provision of essential services such as
health, education paying debts etc.
2. To protect local industries against foreign and unfair competition: This is
through charging heavy import duties on goods entering the country.
3. To reduce balance of payment problem: This is through charging import duty so
that the volume of imported goods is reduced leading to reduced import
expenditure.
4. To control inflation: This is through charging high income taxes which reduces
disposable income and aggregate demand for goods and services which helps to
control inflation.
5. To achieve even income distribution: This is through progressive income tax
where high tax rates are imposed on high incomes and low taxes are charged on
low incomes.
6. To discourage production and consumption of harmful goods such as strong
alcoholic spirits, cigarettes: High taxes are levied on such goods thereby making
them expensive and less demanded by the consumers.
7. To control monopoly power. This is through taxing abnormal profits of monopoly
firms using lump sum and specific taxes so as to discourage them from
overexploiting the consumers.
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IMPACT/EFFECTS/IMPLICATIONS OF TAXATION
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Principles of Taxation DES II
5. Taxation controls inflation in the country: This is through progressive income tax
on incomes which decreases disposable income and hence reduced aggregate
demand for the goods thereby controlling inflation.
6. It controls monopoly power: This is through taxing abnormal profits of monopoly
firms so as to discourage them from over exploiting consumers using specific and
lump sum taxes.
7. It controls dumping of goods into the country. This is through charging import
duty on goods entering the country so that low quality goods are discouraged.
8. Taxation reduces on balance of payment problem: This is through charging
import duty so that the volume of imported goods is reduced leading to reduced
import expenditure and encouraging exports.
9. Taxation influences investment: High taxes are levied on certain activities so as
to discourage their operations while others activities are given tax holidays or
charged low taxes to encourage their operations.
10. Helps to increase the rate of economic growth. This is through increased taxes
on imported gods so as to promote the growth of local manufacturing industries
resulting into increased production and economic growth.
11. Promotes hard work among the individuals which results into increased output.
This is because tax payers are forced to work to acquire necessary income to pay
tax and meet personal requirements.
12. Encourages forced savings for example National Social security fund
contributions where individuals are encouraged to save for the future.
13. Reduces dependence on foreign aid and its effects that is a variety of taxes
improve on government revenue, reduce budgetary deficits and reduce the need for
borrowing.
14. Helps to combat unemployment that is a low tax may be imposed on firms that
use labour techniques of production and this creates employment to people.
15. Helps recover society’s wealth which people have not earned as a result of their
effort but as a result of the efforts of others. This is done using inheritance tax, gift
tax etc.
1. Discourages savings: This is because taxes reduce the disposable income of the
individuals and lower profit margin of companies thereby limiting savings and capital
accumulation.
2. Discourages investment: This is because taxes on goods and services increase
the cost of production thereby limiting the profits and therefore discouraging
investment.
3. Discourages the effort and initiative to work: High taxes on workers’ wages
discourage the effort to work leading to low labour productivity and low amount of
goods and services produced.
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4. Widens income inequality: This is due to regressive taxes where the poor pay
comparatively more than the rich affecting the poor more than the rich.
5. Encourages evil activities in the country such as smuggling: This is because
producers develop means of dodging taxes for example through smuggling.
6. Taxation worsens inflation rate: This is because taxes on goods and services
increase the cost of production forcing producers to increase the prices of goods
and services and hence increased inflation rate.
7. Causes unemployment; This is because taxation increases the cost of production,
lowers profits and discourages investments in an economy.
8. Leads to low amount of goods and services consumed and increased
consumption of low quality goods and services. This results in low living standards
of the people.
9. Causes resentment among the population making the government unpopular:
This is because taxation reduces the disposable income and the amount of profits of
the producers forcing the people to raise against the government.
10. Reduces the volume and benefits of trade. This is because high taxes on
business reduce the ability of producers to expand their businesses hence limiting
the economies of scale.
11. Causes misallocation of resources/resource diversion.: This is because
resources are diverted from productive activities that are highly taxed by the
government to unproductive activities that are less taxed by the government.
12. Taxation discourages savings: There are some taxes like income tax, inheritance
duty that discourage savings in an economy. This is because people fear that their
savings will be taxed heavily by the government.
13. Causes inefficiency of domestic firms. Those firms that are sheltered from
competition by charging high taxes on imports become less competitive and
efficient.
1. Paying taxes enable the business proprietor to run business without fear of being
closed down by the government
2. It attracts government support and sympathy for the business in times of need for
example VAT refunds when there is a loss made and government contracts.
3. It creates good reputation/image of the business towards suppliers, customers and
financiers who continue dealing with the business.
4. Government uses tax revenue to provide free education and medical care which
benefits business owners.
5. Government uses the tax revenue to provide infrastructure like roads used by the
business in transporting its products.
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6. Government uses tax revenue to provide social security which benefits the business
by for example paying the police force that provides security.
7. Government used tax revenue to pay its workers hence increasing their purchasing
power to buy business goods and services.
8. Import duties help to safeguard the domestic market for the local industries which
benefits business men.
9. It promotes individual and business responsibility and self-reliance leading to
encouragement of hard work and effort among the entrepreneurs.
10. Government uses the tax revenue collected to provide national security that protects
the country against external enemies and terrorists which affects business.
Activity: Divide the class into two. In form of a debate, students oppose and propose
the motion, “Taxes are necessary in the development of Uganda.”
Note the key words they have used and explain them as you conclude the lesson.
PRICIPLES/CANONS/DOGMAS OF TAXATION
Principles of Taxation refer to the rules or guidelines followed when designing a tax
system. A tax system involves assessment, collecting and administering tax revenue. They
are rules that must be observed when assessing, collecting and administering taxes.
Principles of taxation are concepts that provide guidelines towards a good tax system.
Since many view taxation as a necessary evil, it should be administered in such a way as
to create minimum pain to the payer, just like the honey bee which collects nectar from the
flower without hurting the flower.
Economists over time have laid down the principles that policy makers should take into
account in making tax laws; these are referred to as canons of taxation.
Principles or canons of taxation should guide the taxation process. They portray a good tax
system and include;
1. Equality/Equity: This is the most important principle of taxation; there should be both
horizontal and vertical equity. Adam smith noted “the people of the country should
contribute towards the support of the government as nearly as possible in proportion to
their respective abilities.” The principle calls for equality of sacrifice or ability to pay tax in
proportion with income received. This means that the rich should pay more taxes than the
poor.
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(i) Horizontal equity: This means that people who earn same income Income
same amount of tax.
(ii) Vertical equity: This means that people who earn more income pay more
tax. The contribution in tax should increase as the taxable income increases. The
principle behind vertical equity, which is most applicable in income taxes, is that the
burden among taxpayers should be distributed fairly, taking into account individual
income and personal circumstances.
3. Certainty: Adam smith says that a tax system should always ensure that
both the tax payer and the tax collector are clear on each other’s’ expectations. The
tax payer should know how much, what tax, why, and where the tax should be paid.
This will enhance proper tax planning on the part of the tax payer, and up-to-date
budgeting on the side of the state.
4. Convenience: This principle requires that the tax regime should cause as
little inconvenience as possible to the tax payer. What to pay, when to pay, where to
pay and how much to pay should be convenient to the tax payer.
5. Principle of Simplicity: The type of tax and the method of assessment and
collection must be simple enough to be understood by both the taxpayers and the
collectors. Complicated taxes lead to disputes, delays, corruption, avoidance and
high costs of collection in terms of time and resources.
6. Ability to Pay: The tax should not take away so much of the income being
taxed as to discourage the performance or participation in the tax base.
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10. The principle of Productivity: A tax system should bring in large amounts of
revenue that justify the imposition of taxes. This means that focus should be on a
few taxes that generate more revenue than many taxes that bring in less revenue.
12. Avoidance of double taxation: A good tax system is the one where the
same income or activity or tax base is not taxed more than once in the same period.
CHARACTERISTICS OF A GOOD TAX SYSTEM
1. It should be economical
2. It should be certain
3. It should be equal/fair to all tax payers
4. It should be simple to understand by the tax payers and the ta authorities
5. It should be convenient
6. It should be neutral/impartial
7. It should be flexible/elastic
8. It should be comprehensive
9. It should be productive
10. It should not cause political chaos 11. It should avoid double taxation.
CLASSIFICATION/TYPES OF TAXES
Progressive Tax
This tax is structured in such a way that the tax rate increases as the income increases.
Most income taxes are progressive so that higher incomes are taxed at a higher rate. A
progressive tax is based on the principle of vertical equity. The average rate of a tax
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Principles of Taxation DES II
increases with an increase in the tax payers’ Income. An example is personal Income tax.
Illustration of progressive tax
Regressive Tax
This is a tax not based on the ability to pay. A regressive tax is structured that the average
rate of tax decreases as the income increases. The tax burden is proportionately greatest
on low income earners
Proportional Tax
This is a tax whose rate remains fixed regardless of the amount of the tax base. A
proportional tax may be considered regressive despite its constant rate when it is more
burdensome for low income payers than to high income payers. Example Is VAT,
Corporation tax currently 30%.
POSITIVE EFFECTS
Increases tax revenue
Reduces income inequality bse the rich pay more compared to the poor
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NEGATIVE EFFECTS
Discourages savings especially among the rich
Discourages hard work
Discourages investment
Under This classification, there are two broad categories of taxes i.e. indirect taxes and
direct taxes.
Direct Taxes
Direct Taxes are imposed on income arising from business, employment, property and the
burden of the tax is borne by the individual tax payer or business entity. Examples of direct
taxes include Corporation tax, Individual Income Tax, e.g. Pay As You Earn, capital gains
tax and rental Tax.
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1. Income Tax: This is tax levied on peoples’ incomes from employment in form
of Pay as You earn and from business in form of presumptive tax (tax on small
business tax payers)
5 Capital gains tax: This is tax imposed on financial assets whose values appreciate or
increase from the time of buying to the time of sale. Examples are sale of property and
investments like stocks, bonds, precious metals etc.
6. Estate duty/death tax: This is tax levied on the property of the deceased
person which has not been inherited.
7. Inheritance tax: This is tax imposed on money or property that has been
inherited from the estate of the deceased person.
8. Gift tax: This is the tax on gifts or property or income given freely to an
individual or other organisation.
10. OTT (Over the top tax): This is tax on mobile money transfer services and
use of Social Media in Uganda.
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Principles of Taxation DES II
3. Simple to understand: Direct taxes are simple to understand by both the tax payer
and the tax authorities such as PAYE.
4. They are economical in collection: Direct taxes have low costs of tax collection
especially Corporation tax and Pay as You earn as this is collected by government
from employees.
5. Direct taxes are flexible: They are flexible in that the government can increase or
decrease the tax rates according to the economic conditions and requirements of a
country.
6. They control monopoly power: This is through imposing high corporation tax on
monopoly companies thereby limiting the power of monopoly firms from exploiting
consumers.
7. Help to control inflation in an economy: This is through income tax that reduces
the disposable income of the people leading to reduced purchasing power and
reduced aggregate demand.
8. Easy to estimate tax income: The yield from direct taxes can easily be estimated
before collection and therefore they can easily be relied upon for planning purposes.
This is true with income tax.
9. Direct taxes promote initiative and hard work among the workers: This is
because direct taxes make workers more productive so as to acquire income for
paying the tax and for personal savings thereby leading to increased production.
10. They promote economic growth: This is because direct taxes are not imposed on
goods and services and therefore have less effect on production.
11. Direct taxes influence investments: Low corporation tax attracts more investments
while high corporation tax discourages investments.
12. Direct taxes are simple and easy to understand by tax payers and therefore
people can be willing to pay.
1. High tax avoidance and tax evasion: Direct taxes are characterised by a lot of tax
evasion and avoidance. Tax payers usually take the advantage of the weaknesses
in the tax system to pay nothing or little tax and this reduces on government
revenue.
2. Direct taxes discourage savings: This is because direct taxes reduce people’s
disposable income thereby limiting investments. Reduction in investments
eventually results into low economic activity and employment in a country.
3. They Inconvenience the tax payers: Direct taxes inconvenience the tax payers as
they are in most cases paid in advance and in lump sum except for PAYE.
4. Result in low standards of living of people: This is because direct taxes reduce
disposable incomes of people thereby reducing the amount of goods and services
consumed by the people.
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5. Result into Wage push inflation: Direct taxes result into wage push inflation as
they reduce disposable income hence making workers demand for higher wages
thereby causing increase in production costs and the general price level.
6. Direct taxes are discriminative in nature: They are not imposed on all income
groups some groups are exempted from paying these taxes such as Policemen,
army, ambassadors do not pay income tax.
7. Discourage the effort and initiative to work: This is because high direct taxes
reduce people’s incomes thereby creating discontent among workers and avoid
working hard to avoid being overtaxed since they are progressive in nature.
8. Direct taxes worsen income inequality: Regressive taxes on essential goods and
services on which the poor spend the greatest percentage of their income tend to
widen the income gap between the rich and the poor.
9. Direct taxes cause resentment thereby making the government unpopular. People
rise against the government when their incomes are taxed.
10. Increase government cost. This is due to high amount of money spent on tax
administration, assessment and collection.
11. Direct taxes cause resource diversion: This is because high taxes on profits of a
company encourage resource diversion from the activities which are highly taxed to
activities which are less taxed but also less productive.
INDIRECT TAXES
These are taxes imposed on goods and services produced or purchased or consumed and
the producer or seller can transfer the tax burden to the consumer.
Indirect taxes are voluntary in a sense that you can pay for them if you opt to buy the
goods or consume the services on which they are imposed. Indirect taxes can be shifted to
consumers in form of high prices of goods and services.
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1. Indirect taxes are convenient to pay as they are paid together with the price of a
commodity hence the tax payer does not feel the burden of paying the taxes.
2. There is less tax evasion with indirect taxes since they are included in the prices of
commodities and cover a wide range of commodities.
3. Indirect taxes cover a wide range of taxable commodities and therefore raise more
revenue for the government than direct taxes.
4. Indirect taxes can be used to check on the production and consumption of harmful
goods like cigarettes and alcohol by increasing taxes on such items.
5. Indirect taxes are flexible as they can be adjusted either upwards or downwards
depending on the economic conditions prevailing with in a country.
6. Indirect taxes in particular import duties are a powerful tool for economic
development as it protects domestic industries against competition from foreign
producers and dumping.
7. Indirect taxes promote hardworking among the citizens. This is because people
struggle to work hard to meet the high prices of goods caused by indirect taxes.
8. Indirect taxes influence resource allocation. This is because high indirect taxes are
levied on sectors that are discouraged by the government so that resources are
allocated to sectors where low taxes are charged to encourage their development.
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Principles of Taxation DES II
9. Indirect taxes improve the balance of payment position. Import duty reduces the
amount of imported goods thereby reducing import expenditure which reduces the
balance of payments problem.
10. Indirect taxes limit dumping of poor quality products within the country. This is
through imposing high indirect taxes on such products.
11. Indirect taxes are more economical as they are easy and cheap to collect thereby
minimizing the cost of tax administration, assessment and collection.
12. Indirect taxes do not discriminate among the tax payers. Both the rich and the poor
pay the indirect taxes there by making them neutral.
1. Indirect taxes are regressive in nature. Therefore they do not satisfy the principle
of equity since the rich and the poor pay the same tax on essential goods
consumed.
2. Indirect taxes are inflationary in nature. They increase the prices of goods and
services hence increasing the costs of production and cost of living.
3. Some indirect taxes are difficult to understand to both the sellers and the buyers
for example VAT and can cause political chaos.
4. Consumers may be exploited by overcharging excessively high prices in the
excuse of high indirect taxes.
5. Indirect taxes result in reduced consumption of goods and services. This is
because they make commodities expensive for the consumers leading to
consumption of low quality goods and services which reduces people’s welfare.
6. Indirect taxes encourage trade malpractices in the economy for example Import
duty encourages smuggling of goods which reduces government revenue.
7. Indirect taxes discourage investments. They increase the cost of production
thereby discouraging both local and foreign investors.
8. Indirect taxes encourage resource diversion. High indirect taxes encourage the
shifting of resources from investment sectors which are highly taxed to sometimes
unproductive activities which are less taxed.
9. Indirect taxes such as import duty encourage retaliation by other countries
resulting into tariff wars between countries.
10. They are uncertain. Revenue from indirect taxes fluctuate a lot hence the amount
of indirect tax revenue cannot easily be predicted.
QN. Explain why developing countries rely more on indirect taxes than direct taxes.
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Principles of Taxation DES II
1. Indirect taxes are more comprehensive than direct taxes. They have a wider
coverage and therefore a more reliable source of government revenue than direct
taxes.
2. Indirect taxes are more difficult to evade than direct taxes. This is because it is only
if a customer refuses to buy a given product that he may avoid paying the tax.
3. Indirect taxes help to protect infant industries against foreign competition unlike
direct taxes. This is through imposing high import duties on goods entering a
country.
4. Indirect taxes limit dumping of low quality goods into the country unlike direct taxes.
this is through imposing high import duties on goods entering a country.
5. Indirect taxes help to check on consumption or undesirable or harmful products
unlike direct taxes which are not imposed on goods.
6. Indirect taxes are more neutral than direct taxes. There is less discrimination and
less corruption while collecting indirect taxes than in direct taxes.
7. Indirect taxes are more economical than direct taxes. This is because the cost of
administration and tax collection is lower with indirect taxes unlike direct taxes
where the cost is high.
8. Indirect taxes are more convenient than direct taxes. This is because a consumer
may only pay the tax when he buys a commodity.
9. Indirect taxes are less felt by tax payers and therefore less resented by the people
unlike direct taxes. This is because consumers pay indirect taxes when buying the
goods and services and therefore a tax payer may not feel that he is paying the tax.
10. Indirect taxes have fewer disincentives to work, effort and initiative than direct taxes.
This is because indirect taxes encourage hard work leading to more production
unlike direct taxes.
11. Indirect taxes are more flexible than direct taxes. This is because indirect taxes are
easily adjusted depending on the economic conditions resulting into price
fluctuations.
12. It is through indirect taxes that Balance of payment problem is reduced but not using
direct taxes. This is through high import taxes.
1. Fees: This is a payment to the government for the services offered to the
people for example court fees, passport fees, licensing fee etc.
2. Fines and Penalties: These are charges imposed on offenders of state laws
as a punishment for having gone against the law for example Court fines, traffic
fines etc.
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4. Borrowing: These refer to the loans obtained by the government from within
and outside the country. Borrowing within is in form of issuing treasury bills and
government bonds to the public.
6. Proceeds from National lottery: This is the revenue from sale of tickets
issued by the national lottery for financing specific social projects in the country.
8. Road and Bridge tolls: These refer to revenue collected from users of roads
and bridges to enable government maintain these facilities. For example Entebbe
express Highway Kampala.
TAX COMPLIANCE
This refers to the degree to which the tax paying community meets the tax obligations as
set out in the appropriate legal and regulatory provisions. Compliant tax payers make
timely and accurate declarations to the tax authority and voluntarily settle their tax liability.
Tax payers who are not compliant either evade or avoid the taxes.
The level of tax compliance depends on the tax payers’ attitude and knowledge of the
taxes. There are four levels of tax compliance.
1. Tax payers who are fully compliant and are willing to fulfill their obligations
voluntarily.
2. Tax payers who reluctantly feel obliged to be compliant. These are tax payers who
know that non-compliance would be expensive and accordingly comply.
3. Tax payers who show slight resistance to compliance. This more often arises from
lack of knowledge. When such tax payers are advised and some pressure put on
them, they simply comply.
4. Tax payers who are non-compliant and exhibit outright resistance to meeting their
tax obligation. This category includes some tax payers who take pride in failing the
tax authority.
2. Extent to which a tax system is equitable: A tax system that is fair encourages
high levels of tax compliance while an inequitable tax system discourages tax
compliance as tax payers tend to feel that the distribution of the tax burden is unfair.
3. Tax rates: high tax rates make tax collection costly and force tax payers to avoid
payment of tax while low tax rates encourage compliance.
4. Simplicity of tax laws: Complicates tax laws and long administrative procedures
make compliance costs high, lead to disputes and delays while simple tax laws
which can be understood by both tax payers and collectors encourage tax
compliance.
5. Quality of business management: Unethical business managers are bound to be
non-compliant compared to those who are ethical in their business operations.
6. Quality of tax administration: High levels of professionalism, integrity and
customer care among the tax collectors encourage high levels of tax compliance
while tax payers tend to be non-compliant when tax administration is poor.
7. Consistency of the tax laws: Inconsistent application of the tax laws lead to
noncompliance while consistent application of the tax laws and rules encourages
tax compliance.
8. Extent to which the tax burden is spread to all potential tax payers:
Unproportionally distributed burden of tax makes tax compliance difficult while a
fairly distributed tax burden encourages tax compliance among tax payers.
9. Popularity of the government and quality of governance: If the government is
popular because of good governance exhibited by high quality of honesty and
accountability for tax payers money, compliance will be high than when the
government is unpopular and corrupt.
Limited income levels among the employees and low profitability of the businesses
Inadequate knowledge about the importance of paying taxes and tax compliance
procedures
There are many loopholes in the tax system such as threshold and many
exemptions
Inadequate skilled staff to assess and collect the taxes
Political sabotage among non-supporters of the government
Desire by the employees to retain their earnings
High cost of living that affect employees
Failure by the management of the enterprise to remit tax deductions from
employees to URA
Unethical business practices and poor record keeping among entrepreneurs
Poor service delivery by the government to justify payment of taxes
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Complicated tax laws and regulatory framework to be understood by the tax paying
public.
Inequitable tax system among the tax payers which discourages tax compliance.
Poor enforcement methods of handling tax defaulters and harsh tax administrators
1. Providing tax payers and their authorized agents with clear and timely information
about taxes
2. Ensuring that fair treatment is extended unconditionally to all tax payers
3. Through making the tax system equitable where the tax burden is equally
distributed among all eligible tax payers without unnecessary exemptions and using
progressive taxes.
4. Responding efficiently to every tax payer’s inquiry, complaint or request
5. By making the regulatory framework simple and fair for all tax payers to understand.
This reduces the cases of tax evasion and avoidance.
6. Educating the tax payers and the general community about their tax obligations and
rights
7. Ensuring political stability so as to boost economic activities.
8. By ensuring quality service provision out of the tax revenue collected for example;
construction of roads and hospitals.
9. Through ensuring consistency and fairness in the application of tax rules and laws
without discrimination.
10. Through popularizing the government in terms of accountability for the tax payer’s
money.
11. By improving the quality of business management in terms of record keeping
simplifying the tax assessment on business enterprises.
12. Through fighting and reducing the level of corruption among the tax officials to
reduce unfair tax assessment.
13. Through application of the principle of convenience in collecting the taxes. That is
collecting taxes at a time when tax payers get revenue from their activities.
14. Using trained personnel to assess and collect the taxes.
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Receiving feedback from the Tax Authorities like a tax certificate or a receipt.
Business is made to pay heavy penalties on all outstanding tax dues i.e. penal tax
Temporary or permanent closure of the business by the government hence loss of
business income.
Forceful payment of tax arrears and interest by the enterprise from personal
resources or business profits.
Denial of government support such as contracts if required
Bad image exhibited by the business in the public in case it is blacklisted by the
government.
Taking court action that may lead to imprisonment of the entrepreneur
In extreme cases, smuggling can lead to loss of lives
Denial to access public tenders after being blacklisted
Confiscation of smuggled goods by the law enforcing agencies which leads to
losses.
TAX AVOIDANCE
This is an attempt by the tax payer to dodge paying tax by taking advantage of
weaknesses or loopholes in the tax system.
Tax avoidance refers to the deliberate and legal exploitation of the loopholes in the tax
laws to reduce one’s tax liability.
It is a situation where the consumer refuses to buy a given product whose price has been
increased due to the increase in tax on the product.
TAX EVASION
This refers to the deliberate and complete refusal to pay tax by the potential tax payers.
1. The desire by the tax payers to retain all the income earned.
2. Ignorance of the tax payers of the advantages of paying the taxes
3. High level of corruption during tax administration, tax assessment and tax collection
4. Limited services provided to the people by the government
5. High and unfair tax rates imposed by the government
6. Unfair tax assessment by the tax administrators
7. Weak tax administration by the responsible tax body i.e. URA and the Local
government
8. Progressive taxation where the tax rate increases with an increase in the level of
income
9. Double taxation especially on the companies (corporation tax) and the shareholders
dividends (withholding tax)
10. Political sabotage/unpopularity of the government to some tax payers
11. Others simply follow their friends who have the behaviour of not paying the taxes
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TAX BASE
Tax base refers to any item or economic activity on which tax is imposed. It refers to any
property, personal income, profit or economic activity on which tax can be imposed or
levied.
i. Income earned from economic activities like manufacturing, agriculture and trade ii.
Income earned from employment iii. Income earned from Property or assets like
houses, land or other investments iv. Consumption of goods which are subject to
taxation i.e. taxable supplies.
TAXABLE CAPACITY
Taxable capacity refers to the extent to which a tax payer is able to pay the tax assessed
on him and remain with enough disposable income to afford his needs and the needs of
his family as before the tax.
It is the extent to which a tax payer is able to pay the tax assessed on him and yet remain
with enough disposable income to sustain himself and his family to maintain a given
standard of living.
Business taxable capacity refers to the extent to which a firm can pay the taxes
assessed without affecting its productivity or output.
The principal players in the Uganda tax administration system are: The Ministry
Responsible for Finance and the Parliament of Uganda, Uganda Revenue authority,
Local government administration (Districts and urban councils), the tax appeal
tribunal and the tax payers.
Ministry of Finance, Planning and economic Development: This represents the
executive arm of the government on the tax administration function.
Parliament: Parliament is responsible for the enactment of laws that guide Uganda
Revenue Authority in its operations. It is responsible for monitoring the performance of all
government ministries and departments. In this regard, Uganda Revenue Authority is
accountable to parliament for its performance. Uganda revenue authority submits annual
reports to parliament to indicate its revenue performance and resource management.
Tax payers: The tax payer is the individual, company or partnership on which tax is
assessed. A tax payer is a core stakeholder in tax administration.
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Principles of Taxation DES II
4. Cooperating with the Authority authorized staff while handling tax matters
5. Disclosure or declaration of all information and correct declaration of all transactions
at all times like quoting the firm’s TIN in all dealings with URA.
6. Complying with customs, wildlife, currency and passenger concession requirements
while travelling
7. Keeping necessary records as a basis for assessment of tax by URA
Tax Appeal Tribunal: This is a body where dissatisfied tax payers seek review and
resolution of any tax matter. If a tax payer is dissatisfied with a decision of the URA
Commissioner General, he has a right to appeal to the Tax Appeal Tribunal for a review of
the resolution of the matter.
Uganda Revenue authority: This is responsible for the collection of central government
revenue.
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Principles of Taxation DES II
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Principles of Taxation DES II
2. Sensitizing the masses on the role of taxation. This enables the masses to pay
taxes willingly thereby increasing the amount of tax revenue collected.
3. Developing a tax payer friendly system of taxation for example handling tax
defaulters with due respect than locking up their shops and confiscating their
properties. This helps to reduce tax evasion.
4. Adopting the principle of fairness/equity in the assessment of taxes. This
helps to raise appropriate revenue from the rich and the poor.
5. Using trained personnel to assess and collect the taxes. This improves tax
collection through the skills possessed.
6. Developing infrastructure especially roads in rural areas. This increases
accessibility to the tax payers by the tax collectors.
7. Ensuring political stability in all parts of the country. This encourages
production and also enables tax collectors to get access to the tax payers.
8. Ensuring proper and efficient allocation of tax revenue. This enables tax payers
to see the benefits of paying taxes which may reduce resistance by the tax payers.
9. Putting in place facilities required to facilitate tax assessment and collection
like computers and other facilities. This can help to improve on tax administration
and collection.
10. Improving implementation of the tax laws. Tis may take the form of fighting the
loopholes in the tax laws by reviewing the existing laws and ensuring that the laws
are fully implemented in order to reduce tax evasion.
11. Putting in place the anti-smuggling unit. This can reduce on the smuggling of
goods in and outside the country hence increasing the revenue from imports and
exports.
12. Expanding the industrial sector. This is because industries have the potential to
increase tax revenue as compared to other sectors like agriculture.
Value Added Tax (VAT) is an indirect tax that is paid by the person who consumes or imports
goods and or services in Uganda. The tax is charged on the Value added at different stages of
production or supply of goods and services.
VAT was introduced in Uganda in July 1996 to replace Sales Tax and Commercial Transaction
Levy (CTL). VAT is administered under the Value Added Tax Act Cap 349 of the Laws of Uganda.
i. To broaden the tax base so that more government revenue can be generated. VAT is the
biggest tax revenue earner for the government. It brings more than the total of the direct
taxes.
ii. To remove the cost cascading effect associated with sales tax and CTL. Sales tax would
become part of the cost base on which further sales tax was calculated i.e. a tax was
charged on another tax.
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Principles of Taxation DES II
iii. To improve the tax administration by reducing the costs associated with the collection of the
Sales Tax and CTL. This is because VAT is self-policing.
iv. VAT is a neutral tax and therefore less harmful to economic growth. The majority of the tax
payers do not notice when they are paying tax.
v. VAT is based on ability to pay approach. Those who cannot pay can postpone consumption
of such commodity. vi. In the wake of economic integration, VAT was seen as one of the
means of harmonizing the operations of regional economies. vii. VAT is cheaper than the
sum of the two taxes it replaced. Sales tax rates ranged between 15% to 25%, while CTL
was 15%.
viii. To encourage exports i.e. No VAT on exports
ix. VAT is difficult to evade. If the firm understates its output, it will be caught by disclosures of
the firm buying inputs from it. This type of cross auditing enables authorities to plug the tax
leakages.
Advantages of VAT
1. It has a wider coverage hence leading to high revenue realized by the government.
2. It is difficult to evade and avoid leading to high government revenue.
3. It is economical in terms of tax administration and collection.
4. It minimizes corruption since the tax is paid directly by the sellers/producers.
5. It encourages proper record keeping by the traders hence promoting efficiency.
6. It is easy to compute resulting into proper tax assessment.
7. It is convenient to the tax payer in terms of amount of tax to be paid.
8. It enables the tax payer to use government revenue before paying it to the tax authority.
9. A tax payer can claim the tax overpaid in case of theft or selling them below the purchase
price.
10. It helps to influence resource allocation. Some investments are exempted from paying VAT
thereby attracting more resource allocation to encourage more production.
Disadvantages of VAT
i. VAT is a complicated system which needs an honest and efficient government machinery to
do the cross checking and link up various production activities and the recent tax liabilities
for each firm.
ii. Unless the rates of VAT are extraordinarily high, the state will end up with smaller tax
revenue than was during the Sales tax regime.
iii. There are difficulties in maintaining accounts, crosschecking and preventing tax evasion
especially where there are exemptions and different tax rates.
iv. VAT forces tax payers to maintain elaborate and costly accounts.
v. VAT is regressive at high income a level which is a characteristic of most indirect taxes.
1. Output Tax: This is the VAT (tax) a taxable person charges upon making taxable supplies
i.e. tax charged on selling taxable goods and services.
2. Input Tax: This is the VAT a taxable person is charged on taxable purchases and expenses
incurred for business purposes. The purchases could be from a local source or imported.
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Principles of Taxation DES II
3. Taxable supply: This is the supply of goods and/or services other than exempt supply by a
taxable person for a consideration. VAT is charged on a taxable supply either at Zero rate or
standard rate.
4. Taxable Person: For VAT purposes, a taxable person is a person who is either registered
for VAT or one who is not yet registered but is required to register. Such a person may be; an
individual, a partnership, a company, a trust, government as well as public or local authority e.g. a
Town Council.
5. Taxable value: This is the total consideration or price for a particular supply. This could be
money or in Kind. It is the base upon which the VAT rate is applied to compute VAT.
6. Consideration: This is the total amount paid or payable in money or in kind or both for a
supply of goods or services.
7. Exempt supply: This is a non-taxable supply of goods or services that does not attract
VAT. i.e. It is neither Zero rated nor at Standard rate. These supplies are specified in the Second
Schedule of the VAT Act Cap 349.
They include:
• Supply of livestock, unprocessed food stuffs except wheat
• Supply of postage stamps
• Supply of financial services
• Supply of insurance services e.g. life, health, re-insurance
• Supply of unimproved land
• Supply of educational services
• Supply of social welfare services
• Supply of burial and cremation services
• The supply of veterinary, medical, dental and nursing services
• The supply of social welfare services
• The supply of gaming, lotteries and games of chance
• The supply of precious metals and other valuables to the bank of Uganda for the state
treasury. Etc.
8. Zero-Rated Supply: This is a taxable supply of goods or services that attracts VAT at 0%.
These supplies are specified in the Third schedule of the VAT Act Cap 349.
Examples include:
• Supply of goods and services where goods and services are exported from Uganda as part
of the supply.
• Supply of international transport of goods or passengers and tickets for their transport.
• Supply of drugs and medicine
• Supply of educational materials
• Supply of seeds, pesticides and hoes
• The supply of sanitary towels and tampons and inputs for their manufacture The
supply of cereals where cereals are grown and milled in Uganda.
• The supply of handling services where services are provided by the National Medical
Stores in respect of some medical supplies funded by donors.
9. Exempt Import: An import of goods and services is an exempt import if the goods are
either exempt from Customs duty under the Fifth schedule of the East African Customs
Management Act or would be exempt had they been supplied locally in Uganda as specified under
Second Schedule of the VAT Act Cap 349.
SCOPE OF VAT
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Principles of Taxation DES II
VAT is chargeable on both Local and Imported taxable supplies (goods and services) There
(i). Taxable supply of goods and services made by a taxable person within Uganda. The person
liable to tax is the taxable person making the supply.
(ii). Import of goods other than those classified as exempt. The person liable to tax is the person
making the importation.
(ii). Imported services; The person liable to tax is the receiver of the imported service.
VAT REGISTRATION
This is either voluntary registration or compulsory registration.
Compulsory Registration
There are two categories of persons who are required to register for VAT under the VAT Act.
(i). Persons who make taxable supplies in excess of 37.5 million in any three consecutive calendar
months i.e. (150 Million a year).
(ii). Public bodies that engage business activities. These include; Government Ministries,
departments, Parastatals, Town Councils and District. The business activities include; hall hire,
tendering services, markets, street parking, toilet management, street bill Board adverts and
disposal of assets among others.
Voluntary Registration
Persons whose taxable turnover is below VAT Threshold are eligible to register if they wish to do
so provided they meet the requirements.
VAT THRESHOLD
This refers to the minimum level of taxable turnover above which a person is required to register for
VAT. The current (2019) annual threshold is 150 Million shillings per annum. However for
registration purposes, this is determined on a quarterly basis i.e. Shs. 37.5 Million in any three
consecutive calendar months.
CALCULATION OF VAT
Computation of VAT occurs at two levels;
(i). VAT on a transaction
(ii). VAT payable or claimable by the tax payer or VAT collectable or Refundable by URA.
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Principles of Taxation DES II
Tax Fraction Refers to the ratio used to determine the amount of Vat where the consideration is
inclusive of VAT. The fraction is given by the formula; where; r is the VAT rate. That is
X Consideration (Value of goods)
Example: If the VAT rate is 18%, then the tax fraction is;
If a consideration (VAT Inclusive) is 2,000,000, then VAT
= 2,000,000 X
= Shs. 305,085
Example 2: A trader bought goods worth Shs. 100,000,000 exclusive of Value Added
Tax. He then makes a Markup of 10%. Assuming that VAT is 17%. Determine the VAT
payable to URA.
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Principles of Taxation DES II
To understand it better:
(a). If the output tax is Shs. 1,000,000 and Input Tax is 770,000, Then VAT Payable to URA is Shs.
1,000,000 – 770,000 = Shs. 230,000.
(b). If Output tax is Shs. 1,000,000 and Input tax is 1,400,000, then VAT claimable from URA is;
Shs. 1400,000 – 1,000,000 = Shs. 400,000.
(b). For imports, there should be a Customs Bill entry, URA Tax Receipt or other forms of payment,
airway bill, bill of lading and other documents prescribed under the Customs Management Act.
Tax Invoice
This is a document that is required to be issued by a Taxable person upon making a taxable
supply. A tax invoice must include the following.
VAT refund
A VAT refund occurs in two ways
(a). Cash
(b). An offset
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Principles of Taxation DES II
A cash refund is applied when the amount claimable is greater than Shs. 5,000,000 or where a tax
payer deals in mostly Zero rated supplies.
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