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.