Bizsoft Solutions

22/10/2018

Procedure for probate. (When one dies leaving a valid will)

– Apply for a petition sec 244

– The petition must be verified

– Annex the will to the petition

– There must be verification by at least one attesting witness. Sec 248. (its in prescribed form)

– It must be gazette for 7 days. Sec 262

– There is no need for notice to the Administrator General.

What are the functions of an Administrator General or executor?

– To perform the last funeral of the deceased. Sec 277

– To release properties of the deceased. Sec 279

– Distribute the estate to the beneficiary

– Pay all debts left by the deceased sec 280-286

– Filing of inventory and account. Sec 278 in court within 6 months of grant of letters of probate or letters of administration.

NB: If an executor is not named, under sec 197 you apply for letters of administration and annex the copy of the will.

Sec 197 applies if you left the will but;

– There is no executor

– Refuses to act or cannot act in law

– Dies before administering the estate

Thus you apply for letters of administration of the estate and in this case, administrator will administer the wishes of the will.

15/10/2018

2. Value Added Tax (VAT):
VAT is a consumer expenditure tax. It is payable by individuals and firms. The business sales turnover threshold for VAT is Shs 50,000,000 per year. Individuals and firms whose business sales turnover is below Shs 50,000,000 are exempt from VAT. It does not matter whether the business is profitable or not. VAT registration for individuals and firms with business sales turnover of above the Shs 50,000,000 VAT threshold must register with URA for VAT.

A person who has registered for VAT can charge VAT on customers as an output tax. When a VAT payer buys goods and services he pays VAT as an input Tax. When the output tax (what a person registered for VAT pays) exceeds the input tax (what he charges customers as VAT), a refund of the difference from the URA can be claimed.

On the other hand when the input tax is greater than the output tax, the difference is payable to URA within 15 days after the end of the month in which the transaction took place.
Certain goods and services are exempt from VAT. A person registered for VAT cannot claim an input tax on exempt goods and services. Similarly, such person cannot charge VAT (as an output tax) on goods and services exempt from VAT.

Zero rated supplies are goods and services which are exempt from VAT but in respect of which a VAT (output tax) is claimable.
All imported goods attract VAT of 17% or the Zero rate except if they fall in the exempt category. VAT on imports is paid at the time of clearing the goods and is calculated on the CIF (cost Insurance, Freight) value of the imports.

VAT on exports is Zero-rated. Investors interested in export trade are however advised to register for VAT. This is helpful in that the inputs, which are used to produce the exports, might be attract VAT. Once registered as a VAT payer, one can claim input tax and in order to claim input tax on exports, the Customs Certified copy of the Export entry must be attached to the VAT return.

12/10/2018

HOW TO RECOVER DEBTS BELOW UGX 10,000,000/=

What Is a Small Claim?

This is a civil claim whose subject matter value does not exceed Ug. Shs. 10,000,000. For example, the small claims procedure (SCP) can be used for matters arising out of the supply of goods, debts and rent.

What Is the Jurisdiction of the SCP Court?
• The small claims procedure is applicable to claims not exceeding Ug.shs 10,000,000 in value.
• Every suit shall be instituted in a court in whose jurisdiction the cause of action wholly or in part arises.
• In case of a rental dispute or claim, a small claim is instituted in a court in whose jurisdiction the property is situated or where the defendant resides.

What Matters are excluded from Jurisdiction of The SCP Court?
• Claims exceeding Ug. Shs. 10,000,000.
• Claims against the government.
• Family disputes relating to the management of an estate.
• Contracts of service and contracts for service.
• Suits for defamation, wrongly arrest, wrongful imprisonment, malicious prosecution and seduction.
• Petitions for divorce, nullification of marriage or separation of spouses.
• Claims concerning the validity of a will.
• A claim in which specific performance is sought without an alternative claim for payment of damages, except in the case of a claim for rendering an account or transferring movable property and disputes arising out of tenancy agreements not exceeding Ug Shs 10,000,000 in value.

Who may Institute a Claim?

According to the SCP Rules only a natural person may institute an action in court, but a body corporate may become a party to an action as a defendant.


Against whom may a claim be instituted?

A suit may be instituted against a natural person or a body corporate.

What amount can be claimed?

Any amount not exceeding Ug. Shs. 10,000,000. If your claim exceeds Ug. Shs. 10,000,000 in value, you can institute a claim for a lesser amount in order to pursue your case under the small claims procedure.

Is one compelled to institute a Claim in the SCP Court?
No. You have a choice to institute your claim in the SCP court or in any other competent court. However, bringing your claim to the general court will take more time since the procedures are more complicated than in the SCP court and you will probably have to hire an advocate to assist you.

Is legal representation allowed?
No. Legal representation by an advocate is not allowed under SCP. However, at your own cost, you may obtain legal advice from an advocate before using the SCP. Clerks of the court will assist you free of charge.

How do you Institute a Claim?
• Contact the opposing party (the person against whom you are instituting a claim) with a request to satisfy your claim. This may be done through a face to face verbal demand or a telephone call.
• If the opposing party does not comply with your verbal request, address a written demand to him or her, setting out the particulars of the facts on which your claim is based, and the amount of the in accordance with schedule I of the SCP Rules.
• Deliver the demand notice by hand to the opposing party.
• If after 14 days the opposing party does not respond to the demand notice, report in person to the clerk of the SCP at your local court, with your proof that the demand notice was delivered to the opposing party.
• Take along any contract, document or other proof upon which your claim is based or that has a bearing on your claim.
• Take the full name and address (home and business address if known) and telephone contacts of the opposing party

What are the duties of the Clerk of the Court?
• S/he will help you to fill the claim form under schedule 2 and will prepare the summons according to the schedule
• S/he will inform you of the hearing date.
• S/he will endorse the claim form and summons and hand them over to you for service on the opposing party.

01/06/2016

Here we go

02/05/2016

Where is the exit route?

02/05/2016

12/04/2016

Tour Murchison falls National park with daylightsafaris
http://www.daylightsafaris.co.ug

01/04/2016

The FBI no longer requires the assistance of Apple to break into the San Bernardino iPhone, as the organization today confirmed that they've broken into it without their help.

07/11/2015

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