The thought of a judge gavel, the humiliation that comes with handcuffs and eventually imprisonment are perhaps the least of worries for some taxpayers. They prefer to try their luck. Charles Kyangwa, the Director of Shepherd Events Ltd tried his luck at providing four post-dated cheques that were returned by the bank due to insufficient funds.
According to Mwajumah Nakku Mubiru, the Manager Customs and NTR prosecutions in URA, Shepherd Events LTD had accrued a VAT liability of UGX 54,795,378 and had agreed with URA to clear this debt in six equal monthly installments.
Despite the agreement, the cheques issued for the payments, from June 2022, were not honoured upon presentation to the bank . This indicated breach of trust and violation of the law as provided for in Section 385 of the Penal Code Act of Uganda.
Mwajumah also added that historically URA has accepted post-dated cheques from taxpayers to fulfill their tax obligations particularly when immediate funds are unavailable to settle their total outstanding balances. Unfortunately, Kyangwa did not utilise this window of opportunity.
URA took legal action against Kyangwa and he was arrested on March 20th 2024. Kyangwa whose signature appeared on both the agreement and the cheques will now face charges in the Anti-Corruption Court for issuing fraudulent cheques.
Currently, URA is actively pursuing legal proceedings against individuals who knowingly issue cheques without sufficient funds. This measure is aimed at curbing fraudulent practices and ensuring that every Ugandan contributes their fair share of tax.
