Taxconsult

2.3K posts

Taxconsult

Taxconsult

@denkm7

Tax Expert. Your #1 source for everything tax and tax law interpretation. News, commentary, analysis. #Kenya TaxTwitter

Katılım Şubat 2013
1.1K Takip Edilen644 Takipçiler
Taxconsult
Taxconsult@denkm7·
@WashiraX Also tell them mostly KRA uses CGT as a Trojan horse to the more lucrative Income Tax and VAT audits.
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CPA Wachira Joseph
CPA Wachira Joseph@WashiraX·
Back to our series on capital gains tax in Kenya. You bought land at 1M in 2015. Then, some random folks on X convinced you that: a car is better than land because it can take you to town while land can't. So you sold it at 5M in January 2026. To buy an Audi. - The land has appreciated by 4M. That 4M is your capital gain. Capital Gains Tax steps in. - 15% of the gain. - Payable to KRA. But that is not the full story. Before calculating the 15%, you are allowed to deduct costs you incurred on that property. Such as: - Stamp duty - Conveyancing fees - Land rent and rates - Cost of drilling a borehole - Cost of fencing - Even legal fees paid to fight that encroaching neighbor All these reduce your gain. After deducting them, you arrive at your net capital gain. That is what is taxed at 15%. Now the real panic question is: - What if you did not keep receipts? A very common problem. - Does it mean you lose the deductions? No. You can carry a valuation of the property. The valuer walks into your land today. Looks at the fence. Looks at the borehole. Then wizardly travels back in time. And tells KRA: - This fence would have cost X in 2017. - This borehole would have cost Y in 2019. A proper valuation report reconstructs your historical costs. And KRA accepts it. So poor record-keeping is a headache. But it is not a death sentence. Any questions?
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Taxconsult
Taxconsult@denkm7·
@AL_Pseudo Exactly, you do three rounds if interviews even with CSuite teams and then you receive an insulting offer as if in the first interview the budget wasn't known. When HR calls you as successful you receive excuses about budgets etc.
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Rais Ajiuzulu
Rais Ajiuzulu@AL_Pseudo·
@denkm7 The private sector should put up ads like those from the civil service. This is your JD, Job Group & salary. Then you decide what next
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Taxconsult
Taxconsult@denkm7·
I once went to a leading financial services firm tax manager interview and I was successful and when the offer came it was around 70% what I was earning in the Big4 then. Employers should just put their budget early in the interview process to save time for everyone
Nimo Kilonzo ♓️@kilonzoNice

Recruiting for a sales assistant has shown me things... how do you cancel an interview on the day of the interview, the other ones are asking how much is the pay before. Gen-z mko na mambo 😴😴🥵

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Taxconsult
Taxconsult@denkm7·
This confirms that the Tax Procedures Act sits above the iTax System. If the system cannot facilitate the law, the system must yield and not the taxpayer's rights.
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Taxconsult
Taxconsult@denkm7·
The TAT held Under Section 29(2) of the TPA, the KRA is under a mandatory obligation to notify the taxpayer in writing: 1.The factual basis for the assessment. 2.The mathematical components (the actual computations). 3.A breakdown of penalties and interest.
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Taxconsult
Taxconsult@denkm7·
In a major win for taxpayers, the TAT has ruled that the KRA cannot rely on mere system generated figures to create a tax liability. The TAT clarified that a mere figure appearing on a taxpayer's iTax ledger does not constitute a valid assessment.
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Taxconsult
Taxconsult@denkm7·
@WashiraX Even more interesting the High Court quoted the Onlyfans and Uber case when deciding Sendy was liable for VAT on the entire fee not just commissions on the basis of controlling the platforms and payouts to riders. So yes KRA will collect taxes
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CPA Wachira Joseph
CPA Wachira Joseph@WashiraX·
Last week, someone asked me: - Does KRA love onlyfans prostitutes? I said I do not know. Matters of the heart are personal. Only KRA can confess that. But what I do know is this: - KRA REALLY loves their money. You read that right. - Yes. KRA will really dance with that money. But PROSTITUTION is ILLEGAL & CRIMINAL in Kenya? Yes! So why would KRA tax it? The answer is even more hypnotizing. KRA's position is that: - We are not in the business of enforcing morals. - We are in the business of collecting income tax. So anywhere income shows up. KRA shows up. Even in the darkest pits. (Ask mulot scammers). - KRA does not ask whether society approves it. - It does not ask whether the activity is moral. It asks one question: - Did you make money? If yes, wekelea yetu hapa. KRA even allows them to deduct from their taxes costs for: - Those costumes - Advertising & promoting themselves - Body lifting - Buying tools - Medical costs when things go wrong. That, is the income tax law. It does not discriminate. It taxes incoming money. Not character. So when KRA taxes prostitutes, - Is Kenya promoting or discouraging prostitution?
MM@mm_satoshi2142

@WashiraX What about Kenyan onlyfans members? Can it be taxed and it's a grey area ?

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Taxconsult
Taxconsult@denkm7·
@MihrThakar Latin America is the same, and even their data integration is at a more advanced stage than Kenya and lifestyle checks vis a vis tax declaration is an acceptable policy.
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Taxconsult
Taxconsult@denkm7·
@MihrThakar Across Africa where informal activity nears 80-90%%, it is mandatory to issue eInvoices to claim expenses akin to Kenya , in Rwanda lack of EBM invoices attract 15%WHT on payment and should a taxpayer report you didn't issue the EBM invoice they get 10% upfront.
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Mihr Thakar
Mihr Thakar@MihrThakar·
Around the world, it is not required for small businesses to issue highly formalised invoices. These are for businesses above the indirect tax (VAT, GST etc.) threshold. For a highly informal economy like Kenya, this acts as a stop gap to the economy. It is TREASONOUS policy-making.
Kip Mimi@Kvaati

By now if you’ve not understood what KRA is doing then let me help you. Through the E TIMs thingie they are basically asking those who are already compliant not to do business with the non compliant ones and if they do it then they will carry their liability!!

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Taxconsult
Taxconsult@denkm7·
@mungaikihanya Even KRA public notices are not safe. The TAT overturned the KRA public notice on withholding VAT and stated that withholding VAT applied on taxable supplies, including unregistered suppliers. With a KRA mining for money everywhere, fidelity to tax laws is the only defense.
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Taxconsult
Taxconsult@denkm7·
@jansmaqau That is the intention,KRA has the power to audit and demand taxes for the past 5 years and in case of fraud backdate taxes even further. Data synchronization is just a means to show that what you have declared matches your expected tax liability per the tax laws.
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J@jansmaqau·
I wonder if with all this data synchronized, will kra demand retroactive taxes?
Taxconsult@denkm7

@xysist Already iCMS and iTax plus KEBS/ACA data is synchronized and for KPLC and public water companies is nearing completion. This will be tough for 'no kugeria' type of business people

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Taxconsult
Taxconsult@denkm7·
@xysist Already iCMS and iTax plus KEBS/ACA data is synchronized and for KPLC and public water companies is nearing completion. This will be tough for 'no kugeria' type of business people
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Cerebral Assassin
Cerebral Assassin@xysist·
@denkm7 It will be very hot. You can’t have 30 Meters za KPLC registered under your name na useme wewe si landlord
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Cerebral Assassin
Cerebral Assassin@xysist·
Etims hapo kwa rental income earners ni noma sana. Uzuri if you run a consultancy it means you can ask for etims from your landlord for your home office
Mwango Capital@MwangoCapital

KPMG has issued a tax Alert on eTIMS: —KRA is moving from summary-based reporting to continuous, transaction-level scrutiny by algorithmically reconciling income tax returns against electronic datasets, including eTIMS, withholding tax, and customs data. —Business expenses that are NOT supported by compliant eTIMS invoices (and not specifically exempt) will be automatically disallowed, regardless of whether the costs were genuine. —KRA will cross-check declared income against its digital records; any income omitted from returns but reflected in eTIMS or withholding data may be treated as undeclared, triggering upward tax adjustments. —Taxpayers must ensure all transactions are backed by electronic invoices transmitted with the buyer’s PIN to avoid automatic rejection of expense claims. —Income declared outside eTIMS data may be treated as undeclared, triggering upward tax adjustments. —Compliance is required by all companies, partnerships, sole proprietors, professionals, and rental income earners carrying on business in Kenya. —Specific categories like employee emoluments (PAYE), interest from financial institutions, and airline ticketing are exempt from the eTIMS invoicing requirement, though clear documentation remains critical. —Businesses should prepare for operational hurdles such as timing mismatches between accounting periods and invoice issuance, as well as non-compliance from informal suppliers or small vendors. —Taxpayers are advised to conduct regular reconciliations between accounting ledgers and eTIMS data, strengthen supplier onboarding, and embed eTIMS compliance into their procurement workflows

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Taxconsult
Taxconsult@denkm7·
@MihrThakar Yes upper middle,the hobbies are primarily a way to inculcate discipline, attentiveness, communication, people relations and building networks,competitiveness, healthy living and a place to belong away from the noise. The main focus isn't the hobby but character development
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Mihr Thakar
Mihr Thakar@MihrThakar·
The hobbies that upper middle class children have and lower middle class children have are so wildly different.
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Taxconsult
Taxconsult@denkm7·
@pitandirangu The TAT ruling was in Dec 2025 and I do not know if Kisii county appealed. I see the TAT reasoning in the interpretation but I also see the HC overturning it.
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CPA Peter Ndirangu
CPA Peter Ndirangu@pitandirangu·
Withholding VAT (WHT VAT) vs Withholding Income Tax (WHIT) Under the Kenyan tax regime, Withholding VAT (WHT VAT) and Withholding Income Tax (WHIT) serve different purposes and have distinct rules governing their application. What’s the difference? 1. Withholding VAT (WHT VAT) Key Features of Withholding VAT • Appointment Required: Only KRA-appointed VAT withholding agents are mandated to withhold VAT when making payments to suppliers. • Rate: Currently, the withholding VAT rate is 2% of the taxable value of a supply, except for zero-rated and exempt supplies. • Applicability: It applies to taxable supplies (i.e., goods and services subject to VAT at 16% ). • Impact on Suppliers: The supplier will still charge the standard VAT rate (16% ) but will only receive the balance after the withholding. The withheld amount will be deemed as VAT paid in advance. Withholding Income Tax (WHIT) Key Features of Withholding Income Tax • No Appointment Needed: Any person making payments that fall under specified categories (e.g., professional fees, consultancy, management services, interest etc .) must withhold tax and remit it to KRA. • Rates: The rates vary depending on the nature of the payment and residency of the recipient. For example: -Professional fees to residents – 5% -Management or consultancy fees to non-residents – 20% -Dividends – 5% for residents, 10% for non-residents • Applicability: WHIT applies to a broader range of transactions, including professional and contractual services. • Impact on Recipients: The tax withheld is credited against the recipient’s final tax liability. #VAT #Tax #Taxliteracy
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Taxconsult
Taxconsult@denkm7·
@MsufiMkavu @MwangoCapital The KRA is successfully moving beyond "compliance reports" to "operational reality" checks and this is what is making the MNE's iffy. In this case, Del Monte Intercompany loans and recharges were dismissed because they lacked commercial substance.
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Mwango Capital
Mwango Capital@MwangoCapital·
The Tax Appeals Tribunal upheld a KES 6.76B tax demand against Del Monte Kenya, ruling that the company understated local income by shifting profits offshore through related-party sales and intercompany financing arrangements —The Tribunal agreed with KRA that key functions including farming, processing, quality control, logistics and sales were carried out in Kenya, meaning the bulk of profits should have been taxed locally rather than booked to Del Monte International GmbH in Switzerland —It also backed the disallowance of interest expenses on loans from Del Monte Fund BV, finding the financing was not at arm’s length and depressed the Kenyan unit’s profits
Mwango Capital tweet mediaMwango Capital tweet mediaMwango Capital tweet mediaMwango Capital tweet media
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