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1 June 2012

Uganda Government Gazette dated 2012-06-01 number 30

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t ill R1 I T H U C o n CANDA
                                    The                                                                                          THE REPl'BUC OF IGAXDA

R e g is te r e d at th e                                                                                                          Published
General Post Office for
transm ission within                                                                                                                  by
E a st A f r ic a as a

Vol. CV No. 30                                                      1st June, 2012                                      Price: Shs. 5,000

CONTENTS                                                     P age            1. These documentation requirements shall apply to
The Income Tax (Transfer Pricing)                                                controlled transactions for Multi National Enterprises
   Regulations—Notice              ...           ... ...  327-329                (MNEs), or
The Trademarks Act—Registration of Applications 329-334                      2. Controlled Transactions in aggregate equal to or
Advertisements......................................  ••• 334-339               exceeding 25,000(Twenty five thousand) currency
                                                                                points in a year of income.

                                    CORRIGENDUM                              Note: For purpose of this Practice Notes, MNEs are defined
                                                                             as enterprises that manage production, deliver services or
This is to notify that the Trademark No. 2011/43836                          generate sales and profits in more than one country and
‘KINGSTON’ in the names of Kingston Impex Pvt. Ltd.                          includes hybrid arrangements and relationships through
whose legal address is 63-A, Raj Guru Nagar, Ludhiana-141                    shared shareholders.
012, PJ NJAB, India advertised in the Uganda Gazette
Volume CIV No. 73 under General Notice No. 683 of 2011                       This list is neither intended to be exhaustive nor meant to apply
                                                                             to all types of businesses. The taxpayer should maintain
dated 9th day of December, 2011 had its goods erroneously
                                                                             documents of sufficient quality so as to accurately and
advertised as: Machines and machine tools; motors and                        completely describe the transfer pricing analysis conducted and
engines (except for land vehicles); agricultural implements                  efforts to comply with the arm’s length principle.
other than hand-operated; incubators for eggs.
                                                                             A. COMPANY DETAILS:
The correct specification of goods should have read/s:
Vehicles; apparatus for locomotion by land, air or water.                    i) .     Ownership and organizational structure showing
                                                                                    linkages between the associated parties.
Dated this Tuesday, May 08. 2012.                                                   This shall include:
                                                                                    a)   A description of the taxpayers worldwide
                       MERCY KYOMUGASHO K. NDYAHIKAYO.                                   organizational structure (including an organizational
                                     Registrar o f Trademarks.                           chart) covering all associated parties,
                                                                                    b)   The identification of participants in related party
General Notice No. 386 of 2012.                                                          dealings , and
                                                                                    c)   Brief history and any significant changes in
                                                                                         relationships between the parties including dates
                                                                                         of incorporation, shareholding at the time of the
                                                                             ii) . Operational aspects of business including details of
                                                                                  functions performed, risks assumed and assets
                               U g a n d a R evenue A u th o rity                 employed relevant to the transactions.

                                    PRACTICE NOTES                           iii) . Assumptions and information regarding factors that
                                                                                   influenced the setting of prices or the establishment of
  TRANSFER PRICING DOCUMENTATION TO BE                                             policies for the taxpayer and the related party group as
            KEPT BY TAXPAYERS                                                      a whole.

                                                                             B. TRANSACTION DETAILS:
The Honourable Minister of Finance, Planning and
Economic Development by virtue of the powers conferred                       i).    A description of controlled transactions that identifies
upon her under Section 164 of the Income Tax Act. Cap.                              the transactions which have been entered into, the
340. Laws of Uganda, issued Statutory Instrument No. 30 of                          names of the participants, the scope, tvpe. timing.
2011 titled. The Income Tax (T ransfer P ricing)                                    frequency of and value of transactions e.g. purchase of
Regulations. 2011, effective 1— .July 2011.                                         raw material or fixed assets, sale of finished goods.
                                                                                    boiTQwing of funds, the currency of the transactions
DOCUMENTATION                                                                       should also be stated, identification of internal data
In accordance with Sub Regulation 3 of Regulation 8 of the                          relating to the controlled transactions, terms and
Regulations, the Commissioner General hereby notifies the                           conditions of the transactions including copies of
general taxpaying public that the following documentation                           relevant intercompany agreements relating to the
shall be required for transfer pricing purposes:                                    transactions such as:
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