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ARE YOU A SMALL BUSINESS TAXPAYER?


    This is for you...........

    1. Who is a Small Business Taxpayer?

    The Income Tax Act defines a Small Business Taxpayer for Income tax purposes as a resident taxpayer whose gross turnover from all businesses owned by such a person in a year is more than 5 million shillings but less than FIFTY MILLION SHILLINGS.
    The term TURNOVER refers to one's total sales in a year.

    2. Persons not included:

    Not included in this category of taxpayers even when the TURNOVER is less than fifty million shillings are persons carrying on the following businesses:

    (a) Medical practice
    (b) Dental practice
    (c) Architectural service
    (d) Engineering service
    (e) Accounting and Audit practices
    (f) Legal practice
    (g) Any other professional service
    (h) Public entertainment services
    (i) Public utility service
    (j) Construction service

    NOTE: Persons falling under the above listed business categories OR whose gross turnover is FIFTY MILLION shillings and above in a year are required by law to file final and provisional income tax returns and be assessed to income tax the normal way which is based on Net Income for the year.


    3. Computation of the tax liability

    The tax payable is calculated and determined on the basis of one percent of the gross turnover. In the case of a taxpayer whose gross turnover does not exceed Twenty Million Shillings a year, the tax payable is fixed at shs. 100,000 a year.

    GROSS TURNOVER TAX PAYABLE
    (a) Gross turnover above 5 million but
    not exceeding shs. 20 million a year
    100,000/=
    (b) Gross turnover falling between shs. 20 million and 30 million a year. 1% of gross turnover up to a maximum of shs. 250,000
    (c) Gross turnover falling between shs. 30 million andshs. 40 million 1% of gross turnover up to a
    maximum of shs. 350,000
    (d) Gross turnover falling between Shs. 40 million and Shs. 50 million 1% of gross turnover up to a maximum of Shs. 450,000

    ILLUSTRATIONS

    A Bracket (20M - 30M)

    (i) Actual turnover
    1% of turnover
    22 Million Shs. 220,000 (less than 250,000)
    Therefore tax payable is shs. 220,000.
    (ii) Actual turnover
    1% of turnover
    28 Million
    shs. 280,000 (more than 250,000)
    Therefore tax payable is Shs. 250,000


    B. Bracket (30M - 40M)

    (i) Actual turnover:
    1% of turnover:
    34 Million
    Shs. 340,000 (less than
    Shs. 350,000)
    Therefore tax payable is Shs. 340,000
    (ii) Actual turnover
    1% of turnover
    39 Million
    Shs. 390,000 (more than Shs. 350)
    Therefore tax payable is shs. 340,000
       
       
       
       


    C. Bracket (40M - 50M)

    (i) Actual turnover
    1% of turnover
    Shs. 43,580,000
    Shs. 435,800 (less than shs. 450,000)
    Therefore tax payable is Shs. 435,800
    (ii) Actual turnover
    1% of turnover
    Shs. 48,700,000
    Shs. 487,000 (more than Shs. 450,000)
    Therefore tax payable is Shs. 450,000
       
       
       
       


    Return of Gross Turnover
    In order to enjoy the benefit of paying the LOWER in each bracket, a taxpayer is required to file a return of Gross turnover for a given year. Otherwise a taxpayer will automatically be assessed to the standard tax in the bracket in which such taxpayer falls as follows:

    Gross Turnover Bracket
    Annual Tax Payable
    Shs Shs
    1. (5 - 20M) 100,000
    2. (20 - 30M) 250,000
    3. (30 - 40M) 350,000
    4. (40 - 50M) 450,000
       
       
       


    5. (a) Finality of Tax
    The tax is computed on the basis of GROSS TURNOVER and is a final tax. This means no further assessment is required.
    Also note that no deductions are allowed in respect of any expenditure or losses.

    (b) Set off of Tax Credit
    No tax credit is allowed to be set off against the final tax except in the following cases:
    (i) A tax credit arising out of withholding tax on receipts included in the gross turnover of the taxpayer.
    (ii) Any provisional tax paid against the taxpayer's turnover during the year.


    6. Payment of Tax
    The tax may be paid in full at any time during the relevant year of income. A taxpayer may however opt to pay the tax provisionally during the year in:

    • four equal quarterly installments in case of individual.
    • two equal half yearly installments in case of any other person e.g. company.

    7. Election (Option of Income Tax Assessment)
    The law provides for an option to the taxpayers by notifying the Commissioner in writing that he/she prefers (opts) to be assessed under the NET INCOME method. In order to qualify, a taxpayer is required to submit the election notice together with his/her Annual Income Tax Return for that year by the due date of filing such return.

       


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