Taxation of Partnerships in Uganda

4 April 2022

Blog post

Currently, Uganda has double taxation treaties (DTAs) with nine countries: Denmark, India, Italy, Mauritius, the Netherlands, Norway, South Africa, the United Kingdom and Zambia. The main objective of this DVB is to eliminate double taxation and facilitate the allocation of taxation rights. All these contracts contain legal provisions different from those provided for by the ATI. It is important to note that in the event of a conflict between the provisions of the ITA and the provisions of a particular DTA, the latter prevails because of the Constitution of Uganda, which obliges it to comply with international law and contractual obligations. Ontario`s Partnerships Act allows professionals such as lawyers to practice in limited liability companies, provided that (1) the corporation registers its name under the Business Names Act; (2) The professional law allows the exercise of the profession within the framework of a limited liability company; and (3) the professional`s management body requires the partnership to maintain a minimum amount of liability insurance (Partnerships Act, section 44.2). With the approval of the Law Society of Ontario, lawyers and paralegals practising law in Ontario may enter into a multidisciplinary partnership with other professionals in other professions, including but not limited to accountants and tax advisors. Income from activities carried on by a partnership is taxed in accordance with the ITA. Unlike corporations, partnerships, either generally or to a limited extent, are not taxable because they are not independent legal entities. The partners are responsible for the execution of the company`s tax obligations. This is paid by resident and non-resident partners.

Uganda`s Income Tax Act Cap 340 (ITA) levies income tax on corporations, partnerships, trusts and individuals residing or doing business in the country. The foregoing is subject to various deductions and exemptions under the MLCBI. A partnership can be an important and flexible tool for achieving effective business and tax planning goals. However, partnerships are a complex area of law that requires detailed analysis and advice from an experienced Canadian tax lawyer. If you are considering forming or entering into a partnership, you should consider seeking advice from an experienced Canadian tax lawyer on how the above rules may affect your tax planning objectives and business structure. If you have any questions about partnership rules under the Income Tax Act, please contact our tax office to speak with one of our experienced certified Canadian tax lawyers. A foreign company operating in Uganda is subject to tax under the ITA. It depends on whether this foreign company derives its business income from sources in Uganda. A foreign company operating through a branch is subject to Ugandan standard corporate income tax as well as an additional tax on profits returned to the country of origin or incorporation.

Partnership benefits include: A partnership does not file invalid tax returns. However, under subsection 229(1) of the Income Tax Code, partnerships of a partnership operating in Canada or of a Canadian partnership with Canadian or foreign investments must file an information return on behalf of the partnership. A non-resident who wishes to start a business in Uganda can either set up a Ugandan company or operate directly through a foreign entity by simply registering as a branch of the foreign company. In general, Ugandan commercial vehicles include companies (limited or unlimited liability), partnerships (general or limited), sole proprietorships and trusts. However, the most common business tool for investments is the limited liability company. Companies are subject to a standard income tax rate of 30%. This applies to both resident and non-resident companies. A company is located in Uganda if it is incorporated or incorporated under Ugandan law, if it exercises administration and control over its affairs in Uganda, or if most of its activities are conducted in the country during the tax year. .