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Uganda Case Law

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Tax Law [2023] UGCommC 162

Uganda Revenue Authority v Mukwano Enterprises Limited

Uganda Revenue Authority v Mukwano Enterprises Limited (Civil Appeal 55 of 2019) [2023] UGCommC 162 (30 December 2023)

The court held that premium payments made by the respondent for the acquisition of 20 leases are capital expenditures, not deductible from chargeable income under Section 22(2)(b) of the Income Tax Act. The respondent's business model involved acquiring leases, developing properties, and deriving rental income over the lease term, making the leases fixed assets rather than circulating capital. The respondent's own financial statements classified prepaid operating lease rentals as non-current assets, reinforcing their capital nature. Rent payments, however, are recurrent expenditures made to m…

  • Deductibility Of Expenditure
  • Capital Vs Revenue Expenditure
  • Corporation Tax Assessment
  • Real Estate Business Taxation
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Tax Law [2018] UGTAT 1

Vivo Energy (U) Ltd v Uganda Revenue Authority (Application No. 29 of 2017)

Vivo Energy (U) Ltd v Uganda Revenue Authority (Application No. 29 of 2017) [2018] UGTAT 1 (21 December 2018)

The Tribunal found that both premium and rent paid by the applicant for leasehold interests in land were incurred for the acquisition of a capital asset, conferring exclusive possession and ownership for the lease period. These payments are capital in nature and must be included in the cost base of the asset under S. 52(2) of the Income Tax Act, and are therefore not deductible allowances under S. 22. The distinction between capital and revenue expenditure depends on the nature of the asset acquired and the advantage gained; in this case, the leasehold interests were long-term assets, not sto…

  • Deductibility Of Lease Payments
  • Capital Vs Revenue Expenditure
  • Income Tax Penalties
  • Leasehold As Capital Asset
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