Ruling of Capital Gains Tax case Tullow oil against Uganda Revenue Authority before Tax Appeals Tribunal

The cost base of EA1 EA2 and EA3 was put at US$ 840,408,344, US$ 623,528,772 respectively totalling to 1,463,937,116. The applicants broke down the amounts to base price, settlement account and Heritage acquisition costs. There are no expenses called ‘base price’, ‘settlement account’ and ‘acquisition costs’.  Some of the information the applicants claimed to have been availed by email, but to whom?  Exhibit A40 (iii) is neither signed nor bore a stamp of a firm of certified accountants or auditors. The maker of the said exhibit is not known. The failure by the applicants to present clear evidence in support of their expenditures led the Tribunal to ignore some of expenditures incurred.   The Tribunal has already noted that the applicants presented financial statement for the years ended 31st December 2009 and 31st December 2011 i.e. exhibits A9, A10, A 21 and A22. However the transactions in question, that is the transfer of interests in Blocks 1, 2 and 3A, took place in 2012. The applicants closed their case on 28th November 2012. At least the applicants should have tendered in an audited accounts of the relevant period of 2012, up to the closure of their case.

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