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Uganda
Finance Act (No. 2)
Commenced on 28 June 1990
[This is the version of this document at 28 June 1990.]
An Act to provide for the alteration of certain taxes and duties and to amend certain enactments relating thereto and for other matters connected therewith.
Part III
MISCELLANEOUS PROVISIONS
Part I
of this Act shall be read and construed as one with the East African Customs and Transfer Tax Management Act, in this Part referred to as the principal Act
Part II
of this Act shall be read and construed as one with the East African Excise Management Act, in this Part referred to as the principal Act
1.
(1) The value of any excisable
goods shall be the normal ex-factory price, exclusive of excise duty, sales tax on such goods (2) The normal ex-factory price of any locally manufactured goods shall be determined on the following assumptions- (a) that the goods are treated as having been delivered to the buyer at the place of manufacture; (b) that the manufacturer shall include raw material costs, manufacturing costs, labour costs, profit margin, bank charges and interest and all other costs, charges and expenses incidental to the factory, production and sale; (c) that the manufacturer will bear any excise duty or tax chargeable under the law.
2.
A sale in the open market
between manufacturer and buyer independent of each other presupposes (a) that the price is the sole consideration; and (b) that the price made is not influenced by any commercial, financial or other relationship, whether by contract or otherwise, between the manufacturer or any person associated in business with him and the buyer (other than the relationship created by the sale of the goods in question); and (c) that no part of the proceeds of the subsequent re-sale, use or disposal of the goods will accrue either directly or indirectly to the seller of any
person associated with him.
3.
Where the goods to be valued
(a)
are manufactured in accordance with any patented invention or are goods to which any registered design has been applied; or (b) are manufactured under a foreign trade mark, the normal price shall be determined on the assumption that the price covers the right to use the patent, design or trade mark in respect of the goods.
4.
For the purposes of paragraph 3, the expression "trade
mark" includes a trade name and a get up, and a foreign trade mark is a trade mark used for the purpose of indicating that goods in relation to which it is used are those of- (a) a person by whom the goods to be valued have been grown, produced, manufactured, selected, offered for sale or otherwise dealt with outside the country; (b) a person associated in business with any such person as is referred to in sub-paragraph (a) of this paragraph; or (c) a person to whom any such person as is mentioned in sub-paragraph (a) or (b) of this paragraph has assigned the good will of the business in connection with which the trade mark is used.
5.
Two persons shall be deemed to be associated in
business with one another if, whether directly or indirectly, either of them has any interest in the business or property of the other, or both have a common interest in any business or property, or some third person has an interest in the business or property of both of them."
Part III
MISCELLANEOUS PROVISION
Original Laws of Uganda consolidation (as at 28 June 1990) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.
