Uganda courts backed the Bank of Uganda against tax collectors in a major tax case. The High Court threw out an appeal from the Uganda Revenue Authority, which tried to tax the central bank's pension plan. Justice Phillip Odoki agreed with earlier rulings that classified the retirement fund as a Settlor Trust. This meant tax responsibility fell on the bank itself, not the retirement scheme.
The fight started in 2016 when URA demanded 106 million shillings from the pension plan. Bank employees pay 4 percent into the fund, with the bank adding 17 percent more. Lawyers from Ligomarc Advocates successfully argued that since the bank holds rights to leftover money if the trust ends, it counts as a Settlor Trust. The court said just one qualifying feature makes something a Settlor Trust, not both conditions mentioned in the law.
This ruling helps other retirement funds know who pays taxes on their earnings. Tax experts noticed the case reveals problems when taxes fall on entities outside the court's reach. The High Court stuck to what the first tribunal decided without adding new issues. URA hurt their case when they failed to name the bank as a party in the lawsuit.
The fight started in 2016 when URA demanded 106 million shillings from the pension plan. Bank employees pay 4 percent into the fund, with the bank adding 17 percent more. Lawyers from Ligomarc Advocates successfully argued that since the bank holds rights to leftover money if the trust ends, it counts as a Settlor Trust. The court said just one qualifying feature makes something a Settlor Trust, not both conditions mentioned in the law.
This ruling helps other retirement funds know who pays taxes on their earnings. Tax experts noticed the case reveals problems when taxes fall on entities outside the court's reach. The High Court stuck to what the first tribunal decided without adding new issues. URA hurt their case when they failed to name the bank as a party in the lawsuit.
