Articles - Income Tax Act

Articles by Category - Income Tax Act

Conflict between the Income Tax Act and the Double Taxation Agreement or treaty shopping?

Written: 12 Dec 2015
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A Mauritian company has sued the Uganda Revenue Authority (URA) seeking a declaration that the assessment raised against them is illegal. The Plaintiff received dividends from a Ugandan company with tax withheld at 10% as a benefit under the Mauritius Uganda Double Taxation Agreement (DTA), instead of at the usual withholding tax rate of 15%. Following a request for information by URA, it came to light that the Mauritian entity was held entirely by a Kenyan resident. The Mauritian company's only economic activity in Mauritius was to hold the shares in the Ugandan company.
Categorised under: Cases, Income Tax Act, Tax
Also related to these departments: Commercial Transactions