Rwanda Case Law

IKIGO CY’IMISORO N’AMAHORO(RRA) v. ENGEN RWANDA Ltd_232771_kn

Court

Supreme Court

Case number

RCOMA0027/12/CS

The Supreme Court held that the transaction was a sale of shares by TOTAL OUTRE MER to ENGEN INTERNATIONAL HOLDINGS (Mauritius) Ltd, not a sale of company assets by TOTAL RWANDA S.A.R.L. The company’s assets remained with the company, and no evidence was provided by RRA to prove an asset sale. Therefore, ENGEN RWANDA Ltd is not liable for VAT or corporate income tax on the share transfer.

Source excerpt

• Share sale vs asset sale
• Corporate personality
• Taxation of share transfers
• Value added tax (vat) exemption
• Piercing the corporate veil

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RWANDA REVENUE AUTHORITY v. TOTAL RWANDA SARL/ENGEN RWANDA Ltd

Court

Supreme Court

Case number

RCOMA 0027/12/CS

The Supreme Court held that the transaction was a share transfer, not a sale of company property, so RRA failed to prove a taxable property sale.

• Taxation of share transfers
• Corporate personality
• Distinction between share and asset sales
• Value added tax (vat) liability
• Corporate veil
• Burden of proof in tax disputes

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IKIGO CY’IMISORO N’AMAHORO v. TOTAL RWANDA SARL/ENGEN RWANDA Ltd

Court

Supreme Court

Case number

RCOMA 0027/12/CS

The Supreme Court held that the transaction was a share sale, not a sale of company assets, so RRA failed to prove a taxable asset transfer.

• Share sale vs asset sale
• Corporate personality
• Taxation of share transfers
• Value added tax (vat)
• Corporate veil
• Burden of proof in tax disputes

Read case analysis