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JOSHUA KATO: The risks associated with Tax Non-Compliance in Ugandan businesses

Watchdog Uganda by Watchdog Uganda
1 month ago
in Business, Op-Ed
2 0
Joshua Kato

Joshua Kato

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In the vibrant economy of Uganda, small and medium-sized enterprises (SMEs) play a crucial role in driving economic development, fostering innovation, and generating employment opportunities. Yet, a significant challenge faces many of these businesses: tax non-compliance. Failing to fulfill tax responsibilities can trigger a series of penalties and interest that jeopardize cash flow and place the survival of these ventures at risk.

Statistics from the Uganda Revenue Authority (URA) paint a disheartening picture of tax non-compliance. Recent reports indicate that nearly 30% of registered businesses have fallen into arrears, contributing to a substantial increase in cumulative penalties and interests. In 2023 alone, the URA reported an estimated total of about 1,200 cases of non-compliance within the SME sector. As the government intensifies its efforts to enforce tax regulations, businesses must recognize that the time for action is now.
The URA has ramped up its enforcement strategies, implementing measures such as agency notices to improve compliance.

These notices inform third parties such as banks, and clients of outstanding tax debts, allowing for the withholding of payments to defaulters and redirecting those funds to the URA. This proactive approach is designed to compel taxpayers to settle their tax liabilities promptly. The introduction of Electronic Fiscal Receipting and Invoicing System (EFRIS) has also transformed the landscape, making it mandatory for businesses to issue invoices electronically. Failure to comply can attract severe penalties and further entrap businesses in a cycle of debt.

For many businesses, the impact of penalties and interest on cash flow can be catastrophic. Monthly obligations, such as Value Added Tax (VAT) and Pay As You Earn (PAYE), carry hefty penalties for both late filing and late payments if any. A failure to remit these taxes by the due dates incurs a penalty of Ugx 200,000 for late or non-filing, while monthly interest accrues at 1%, compounding upon itself if left unpaid.

Annual obligations, such as corporate income tax, pose similar threats, as businesses face penalties per month on unpaid taxes. This compounding effect renders non-compliance not only a legislative issue but also a critical cash flow concern.
Numerous SMEs have succumbed to these punitive financial repercussions. Research Studies reveal that over 1,000 businesses close their doors annually, often resorting to rebranding under new names while retaining the same ownership. This practice, while seemingly a fresh start, rarely resolves the underlying issues of substantial tax liabilities.

The vicious cycle of closure, rebranding, and repeated non-compliance hampers economic growth and erodes the tax base needed for national development.
Confronted with such dire consequences, business owners must take proactive measures to combat and avoid tax penalties and interest. Ignorance is an undeniable factor—many entrepreneurs lack a comprehensive understanding of their tax obligations, while others may simply choose to overlook them, believing they can evade consequences. However, this mindset only harms the collective national coffers, as tax revenues are essential for funding public services and infrastructure.

The URA’s punitive measures, including fines and potential imprisonment for repeat offenders, serve as stark reminders of the seriousness of tax non-compliance. For instance, businesses that issue invoices without utilizing the EFRIS face a staggering penalty of 6,000,000 UGX per invoice. For those that engage in frequent transactions, this can severely impact cash flows, leaving businesses struggling to maintain operations.

Further complicating matters, those with outstanding tax liabilities may find themselves unable to obtain tax clearance certificates, which are necessary for participating in bidding processes, securing loans, or even engaging in international trade. The constraints of not having a tax clearance certificate can strangulate a business’s growth prospects and stifle entrepreneurship.

Therefore, one essential solution stands out, business owners must recognize taxes as a crucial element of operational strategy rather than a burdensome obligation.

Understanding tax liabilities and their impact on cash flow is an imperative that can safeguard against backtracking due to penalties and unresolved debts. Knowledge, foresight, and diligent compliance are the keys to thriving in Uganda’s dynamic economic space. Entrepreneurs must be proactive in their tax obligations, engage in continuous learning about compliance regulations, and seek professional guidance when needed.


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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