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13 June 2008

Uganda Government Gazette dated 2008-06-13 number 30

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                                                                                                                        THE REPUBLIC of UGANDA


        ar lfle "W" y                                "■                                                A     A            Published


              Uganda Gazette -
Vol. CI No. 30.                                           13th June, 2008                                        Price: Shs. 1000

                 CONTENTS                             Page           4. Activities of the business must continue after the business is
The Uganda Revenue Authority—Notice           ...      265              transferred to the purchaser for at least two (2) years.
The Advocates Act—Notices ...          ...    ...265-266
The Companies Act—Notice ...           ...    ...      266           5. The supplier supplies to the recipient all of the facilities
                                                                        that are necessary for the continued operation of the
The Insurance Act—Notice      ...      ...    ...      266
                                                                        enterprise being sold. This may include premises, plant
The Local Governments Act—Notice ...          ...      266
                                                                        & equipment, stock in trade, intangible assets such as
The Trademarks Act—Registration of Applications 266-270
                                                                        goodwill, contacts and licenses, and all the operating
Advertisements     ...       ...      ...      ... 270-272
                                                                        structure and process of the enterprise.
General Notice No. 325 of 2008.                                      6. The supplier carries on or will carry on the business until
                                                                        the day of the supply (whether or not as a part of a larger
                                                                        business carried on by the supplier) and that the nature
                                                                        of the business will not change after the transaction.
                                                                     7. The transferor and transferee shall within 21 days of the
                            URA                                         transfer, notify the Commissioner General in writing of
                    Uganda Reuenue Authority                            the details of the transfer in accordance with section 19
                                                                        (2) of the VAT Act. Cap. 349.
           DOMESTIC TAXES DEPARTMENT
                                                                     Note: A mere disposal of an asset used by the business is not
                     PUBLIC NOTICE                                         a supply of a going concern.
 PRACTICE NOTES ISSUED UNDER SECTION 79 OF
                 THE VAT ACT. CAP 349                                                                   ALLEN KAGINA (MRS.),
                   URA/VAT/PN 3/08                                                                        Commissioner General.
The Commissioner General of Uganda Revenue Authority
hereby issues these practice notes under section 79 of the
VAT Act. Cap 349 for the guidance of the taxpayers and the           General Notice No. 326 of 2008.
officers of URA.                                                                       THE ADVOCATES ACT.
 VAT TREATMENT O1 SUPPLY OF GOODS AS PART                                                       NOTICE.
 OF THE TRANSFER >P A BUSINESS AS A GOING                            APPLICATION FOR A CERTIFICATE OF ELIGIBILITY.
                 (. )NCERN                                              It is hereby notified that an application has been presented
Paragraph 1 (k) of the ' cond schedule of the VAT Act                to the Law Council by Ederu Olive who is stated to be a holder
provides that, "the suppl of goods as part of the transfer of        of Bachelor of Laws of Makerere University having been
a business as a goim .oncern by one taxable person to                awarded a Degree on the 17th day of January, 2003 and to have
another taxable persiei is exempt."                                  been awarded a Diploma in Legal Practice by the Law
                                                                     Development Centre on the 27th day of July, 2007 for the issue
The "transfer of going concern” is defined in paragraph 2 (e)
                                                                     of a Certificate of Eligibility for entry of her name on the Roll
of the second schedule to include "the disposal of any part
                                                                     of Advocates for Uganda.
of a business which is capable of separate operation."
However, this definition is not sufficient in explaining what        Kampala.                           HELLEN OBURA (MRS.)
a sale of a business as a going concern entails.                     2nd June, 2008.                Acting Secretary, Law Council.

The purpose of this practice note therefore, is to clarify what
constitutes the supply of goods as part of the transfer of a
                                                                     General Notice No. 327 of 2008.
business as a going concern for purposes of section 19 and
paragraph 1 (k) of Schedule II of the VAT ACT Cap 349.                           THE ADVOCATES ACT.
The supply is VAT exempt if all of the following                                       NOTICE.
requirements are met;                                                APPLICATION FOR A CERTIFICATE OF ELIGIBILITY.
1. The supplier disposes ot any ptffJ- óf S'1 business 'whictris'T      It is hereby notified that an application has been presented
   capable of separate operation (for.example a branch of a                     w Council by Tebuswcke David who is stated to be a
   business).                                  ”                     holder of Bachelor of Laws of Makerere University having
                                                                     been awarded a Degree on the 22nd day of October. 2004 and
2. Both the seller and the buyer must be registered as               to have been awarded a Diploma in Legal Practice by the Law
   taxable persons for VAT.                                          Development Centre on the 18th day of April, 2008 for the
3. The Agreement of Sale which should be duly executed               issue of a Certificate of Eligibility for entry of his name on the
   must make it absolutely clear that the property is a whole        Roll of Advocates for Uganda.
   or part of the Seller's business which is being sold as a         Kampala.                          HELLEN OBURA (MRS.).
   going concern.                                                    4th June. 2008.                Acting Secretary, Law Council.

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