Private sector petitions government over 30% tax deposit rule

Uganda’s private sector has renewed pressure on the government to reform the country’s tax dispute resolution framework, warning that the current system is undermining business stability and weakening investor confidence.

In a joint petition to the ministry of Finance, the Private Sector Foundation Uganda (PSFU) and the Uganda Manufacturers Association (UMA) called for urgent amendments to the Tax Appeals Tribunal Act, particularly the provision requiring taxpayers to make substantial upfront payments before their disputes can be heard.

At the centre of the petition is Section 15(1) of the Act, which compels taxpayers contesting assessments issued by the Uganda Revenue Authority (URA) to first pay 30 per cent of the assessed tax or the undisputed amount, whichever is higher, before accessing the Tax Appeals Tribunal.

Business leaders argue that although the provision may have originally been intended to deter frivolous litigation, it has increasingly become a major financial obstacle for companies seeking legitimate legal redress.

“This requirement has become an insurmountable barrier to justice. It is steadily draining the cash flows of businesses already grappling with contested tax claims,” the petition states.

The private sector groups say the burden has worsened in recent years as URA tax assessments have grown both in frequency and value, significantly increasing the mandatory deposits required from affected businesses.

According to the petition, many firms are now unable to challenge disputed assessments because they cannot raise the required funds, regardless of the legal merits of their cases.

The associations further accuse URA of enforcing the provision rigidly, with little room for administrative discretion even in disputes involving complex legal or factual questions.

They also claim that several cases are being dismissed by the tribunal purely on financial grounds, rather than on the substance of the disputes.

“ That is not just a procedural issue, it is a denial of justice. Viable businesses are being pushed toward collapse simply because they cannot afford to challenge disputed assessments,” the petition reads in part.

The business community now wants government to review the law to ensure taxpayers can access dispute resolution mechanisms without facing what they describe as punitive financial barriers.

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المصدر: The Observer (Uganda)