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JOSHUA KATO,CA: Your Heirs May Inherit Assets, but Also Your Tax Mistakes

Watchdog Uganda by Watchdog Uganda
1 hour ago
in Business, Op-Ed
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Joshua Kato

Joshua Kato

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The elders in Ankole tell a quiet story about a man called Mzee Kalanzi who planted trees knowing he would never sit in their shade. Each season, he added another seedling, coffee here, a mango there, careful about spacing, water, and timing. When he died, the trees were strong. His children harvested in peace. Across the valley lived another man who built quickly, owned much, but planned nothing. When he passed on, his estate became a battleground, files lost, titles disputed, taxes misunderstood, families divided. One legacy grew; the other collapsed.

That difference is the heart of estate management.

Estate management is not about death. It is about order. It is the deliberate organization of your assets, land, buildings, businesses, shares, savings, intellectual property, so that when ownership changes, value is preserved, taxes are anticipated, and beneficiaries receive what you intended, when you intended it. In a fast-formalizing economy like Uganda’s, where asset ownership is rising and tax enforcement is increasingly data-driven, estate management has moved from a luxury of the wealthy to a necessity for the prudent.

Recent demographic and financial trends make this urgent. Uganda’s middle class has expanded steadily over the last decade, with more individuals owning titled land, rental properties, SACCO shares, unit trusts, and private businesses. At the same time, family disputes over estates remain one of the most common causes of prolonged court cases. The Judiciary has repeatedly noted that succession matters dominate civil registries, often dragging on for years. Behind many of these disputes lies not greed, but silence, assets acquired but never documented, intentions assumed but never written, tax consequences never considered.

At its core, an estate is everything you own and control. Estate management is the framework that determines how that ownership transitions. It asks difficult but necessary questions early: Who inherits what? Under what structure? With what tax cost? And with what administrative burden?
From a tax perspective, estate management in Uganda requires particular care because many people mistakenly believe that death automatically wipes away tax consequences. It does not. While Uganda does not impose a classical “estate duty” like some jurisdictions once did, tax exposure still arises through other channels. Transfers of property may attract stamp duty. Disposal of certain assets can trigger capital gains tax considerations. Rental income continues to be taxable even during administration. Businesses do not pause their tax obligations simply because a shareholder has died.

Consider land and buildings, the most common estate assets. When property is transferred from an estate to beneficiaries, stamp duty is generally payable on the instrument effecting that transfer. Where property is sold by administrators to settle debts or distribute proceeds, capital gains tax may arise depending on the nature of the transaction and applicable exemptions. Many families are shocked to discover that poor sequencing, selling before properly restructuring, creates avoidable tax costs that reduce the estate’s value.

Businesses present an even more delicate challenge. In family-owned enterprises, the death of a founder often exposes the absence of succession planning. Shares may be frozen in probate, bank mandates lapse, contracts become unenforceable, and employees grow uncertain. From a tax standpoint, unresolved ownership complicates corporate income tax filings, withholding obligations, and dividend distributions. A well-structured estate plan anticipates this by separating management from ownership, documenting shareholding intentions, and ensuring continuity mechanisms are in place.

Financial assets tell a similar story. Bank accounts, unit trusts, insurance policies, and retirement benefits can either pass smoothly or stall indefinitely depending on whether nominations and documentation exist. Life insurance, in particular, plays a powerful role in tax-efficient estate planning. Properly structured, insurance proceeds can provide liquidity to pay taxes, settle debts, and support dependents without forcing the sale of productive assets. Poorly structured, they become entangled in probate, defeating their purpose.

Statistics from local practitioners consistently show that estates with written wills and asset schedules are settled faster, incur fewer legal costs, and suffer less value erosion. Conversely, intestate estates, where no will exists often lose a significant portion of value through delays, disputes, penalties, and distress sales. What is lost is not only money, but trust and family cohesion.
Estate tax planning, therefore, is not about avoiding tax unlawfully. It is about understanding how tax laws interact with life events and arranging affairs within the law to reduce friction. It requires knowing which transfers are exempt, which are deferred, and which are taxable immediately. It requires foresight: restructuring assets while alive is almost always cheaper than correcting mistakes after death.

A simple example illustrates this. A parent who transfers certain assets gradually during their lifetime, with proper documentation, may reduce administrative complexity later. Another who centralizes everything under personal ownership, without clear records, leaves administrators with a puzzle that attracts scrutiny and cost. Timing, structure, and documentation make the difference.
Importantly, estate management is not static. Assets change. Laws evolve. Family circumstances shift. A plan written ten years ago without review may be as dangerous as having no plan at all. Continuous alignment is part of good stewardship.

Uganda’s tax system, administered by the Uganda Revenue Authority, increasingly relies on third-party data, land registries, financial institutions, and digital trails. Estates are no longer invisible. Transactions leave footprints. Proactivity, therefore, is not optional, it is protective.
As the new year begins, estate management deserves a place alongside business planning and personal tax compliance. It is a quiet discipline, often postponed, but profoundly impactful. Those who plan early choose clarity over confusion, continuity over chaos, and legacy over litigation.

The strongest estate plans share three qualities: intentionality, tax awareness, and documentation. Intentionality ensures your assets reflect your values. Tax awareness ensures value is preserved. Documentation ensures your intentions survive scrutiny. Estate management is not pessimism; it is responsibility. In an economy where wealth is increasingly formalized, the most caring gift you can leave is not only what you built, but how wisely you arranged its passage to the next generation.

The writer is a Chartered Accountant, and Tax Advisor


Do you have a story in your community or an opinion to share with us: Email us at editorial@watchdoguganda.com
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