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The perspective on taxation of savings and investment – Capital Markets Authority

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The perspective on taxation of savings and investment – Capital Markets Authority

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Presentation by Keith Kalyegira, Chief Executive Officer, Capital Markets Authority, at the Conference on Reshaping the tax system to support the Financial Sector Development Strategy (FSDS)
Kampala, Uganda, 14th–15th December 2022

The two-day conference was convened by Uganda's Ministry of Finance, Planning and Economic Development, and co-hosted by ICTD's DIGITAX Research Programme and TaxDev.

Presentation by Keith Kalyegira, Chief Executive Officer, Capital Markets Authority, at the Conference on Reshaping the tax system to support the Financial Sector Development Strategy (FSDS)
Kampala, Uganda, 14th–15th December 2022

The two-day conference was convened by Uganda's Ministry of Finance, Planning and Economic Development, and co-hosted by ICTD's DIGITAX Research Programme and TaxDev.

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The perspective on taxation of savings and investment – Capital Markets Authority

  1. 1. Keith Kalyegira Chief Executive Officer, Capital Markets Authority By
  2. 2. 1. Introduction 2. Current taxation of Uganda’s Capital Markets 3. Other Considerations
  3. 3.  These are markets where financial securities like shares, bonds, units in collective investment schemes and derivative are traded.  CMA is a statutory body, established in 1996 by the Capital Markets Authority Act (Cap 84) as amended, to promote, develop and regulate the capital markets industry.
  4. 4.  Total of UGX 5.4 trillion has been raised in the equity market Type of Offer Amount raised (Ugx billion) Initial Public offer 983.3 Secondary offer 322 Rights issue 237 Total 1,542.3
  5. 5.  The value of all listed domestic companies stands at UGX 7,159 billion as at the end of 12th December 2022. Uganda Clays 14 bn UGX Listed Jan. 2000 BAT (Uganda) 736 bn UGX Listed Oct. 2000 Bank of Baroda 213 bn UGX Listed Nov. 2003 New Vision 12 bn UGX Listed Dec. 2004 DFCU Group 406 bn UGX Listed Oct. 2004 Stanbic Bank 1,177 bn UGX Listed Jan. 2007 National Insurance Corporation 11 bn UGX Listed Mar. 2010 Umeme 341 bn UGX Listed Nov-2012 Cipla 219 bn UGX Listed Sept. 2018 MTN 4,030 bn UGX Listed Dec. 2021
  6. 6.  Total of UGX 288.7 billion has been raised in the corporate debt market
  7. 7. Trends in Collective Investment Schemes (2013-2021)
  8. 8. Product Current Taxation Recommendation Dividends WHT of 10% for listed companies Lower WHT to 5%. In Kenya WHT is 5% for residents and 15% for non residents Interest on corporate bonds WHT of 10% Lower to 5%. Rate is 10% in Kenya and Tanzania and 0% in Mauritius Interest on Treasury bonds below 10 years WHT of 20% Lower to 15% as is the case in Kenya. Rate is 5% in Rwanda and 0% in Tanzania Interest on Treasury bonds above 10 years WHT of 10% Lower to 5% (Rwanda) or 0% (Tanzania) Special Purpose Vehicles (SPVs) Stamp duty of 1.5% Lower stamp duty to 1% (Kenya) or 0% (Rwanda) CIS distribution to unit holders Section 21(1) (t) of the ITA exempts the income of a Collective Investment Scheme from tax to the extent of distribution of the income MoFPED is working on providing clarity on the tax exempt status of CISs. We recommend that distribution to unit holders remain tax exempt.
  9. 9. invests in the fund manages the fund General Partners /Fund Manager (WHT on management fees at 6% if the Fund Manager is resident in Uganda and 15% if the Fund Manager is a non-resident) Limited Partners/ Shareholders (Withholding tax on dividends from the fund at 15%) Private Equity Fund (Corporate tax on income at 30%; WHT tax on dividends from investee companies at 15%; & CGT on disposal of interest in investees at 30%) Investee Company A Investee Company B Investee Company C All pay corporate tax on income at 30% Effective tax rate on a PE investor is 65% of income earned
  10. 10.  Exempt PE funds registered with CMA from 30% corporate tax (as PE funds are pass-through vehicles).  Reduce the WHT rate on dividend payments from investee companies to PE funds from 15% to 10%, similar to that paid on listed company dividends  Reduce the stamp duty rate on the transfer of shares of investee companies receiving or that have received PE financing from 1.5% to 1%  Exempt PE funds registered with CMA from Capital Gains tax as a result of disposal of interest in investee companies
  11. 11.  Grant a three-year tax amnesty to companies following a material restatement of financials prior to listing on an exchange, companies that issue bonds, and to companies that obtain private equity investment;  Amend the Income Tax Act to provide clarity on waiver of capital gains tax on gains realised by those selling shares in private companies when such companies become public;  Introduce preferential corporation tax for companies that go public; and
  12. 12. “More investment sins are probably committed by otherwise quite intelligent people because of "tax considerations" than from any other cause.” – Warren Buffett

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