8.1 Objectives
At the end of this chapter, the student should be able to:
appreciate the emerging trends in the Kenyan taxation system
understand the various changes that have taken place in the Kenyan taxation system
8.2 Introduction
In the previous chapter, we dealt with professional ethics in taxation. In this chapter, we look at
emerging trends in the Kenyan taxation system. We will also look at various changes that have
taken place in the current budget that warrant to be mentioned. These changes may have been
pointed out in earlier chapters.
8.3 Exam Context
This area is new and has not been tested before. However, the students are expected to keep
abreast with changes in the taxation system. They can do this by ensuring that they know the
current year’s budget and be able to interpret various changes in the budget.
8.4 Industrial Context
Every year, the Finance Minister presents a budget as part of executing his obligation. The budget
normally includes some changes in taxation and allowances that are important in businesses.
The finance manager, tax consultant and owners of small businesses should be aware of these
changes to avoid applicable penalties.
8.5 Information, Communication and Technology
ETR: The first attempt by the Kenya Revenue Authority to incorporate technology in tax
administration is the introduction of the Electronic Tax Register (ETR). The main role of an ETR
is to improve VAT compliance and administration. Every person chargeable to VAT is supposed
to install an ETR machine and issue an ETR generated tax invoice.
KRA Website: The Kenya Revenue Authority has now gone electronic. The authority’s website
has many portals for access by the common citizen. For example, the authority gives employers
an option of filing returns online when the employees do not exceed 10,000. Taxpayers can
also download various forms that are needed to enable them to pay tax. Citizens can also apply
online for PIN numbers; file VAT returns, register for turnover tax among others.
Simba system: The Simba System is a Customs automated system that the Kenya Revenue
Authority introduced in an attempt to modernise customs operations. It enhances efficiency and tax
collection in the Customs and Excise department. Under the Simba System, Customs authorities
require one to be registered as a clearing agent in order to lodge documents electronically. The
system was introduced in 2005.
8.6 Taxes:
• Personal taxes of the physically challenged persons: The minimum taxable income
for the physically challenged persons introduced and pegged at Kshs 150,000 per month.
Expenditure on healthcare services and facilities for physically challenged allowable
deduction up to Kshs. 50,000 per month.
• Reduction of tax burden on senior citizens: The Minister of Finance reduced the tax
burden on senior citizens by increasing the exemption gap of monthly pension income from
Kshs. 15,000 to Kshs. 25,000 of monthly, i.e. the first Kshs 25,000 of monthly pension
income is exempted from tax, from Kshs. 15,000 that was previously exempted.
• For lumpsum withdrawals, the first Kshs. 600,000, up from Kshs. 480,000 withdrawals from
a registered pension or individual retirement fund is exempted from tax.
• VAT: To fasten the withholding VAT claiming process, withholding agents are required to
issue withholding VAT certificate at the point of payment. Previously, the agent was obligated
to furnish the supplier with “acknowledgement of the payment.”
• Turnover Tax: Turnover tax of 3% has been introduced. It targets businesses with an
annual turnover of between Kshs. 500,000 and Kshs. 5,000,000. These include individuals
and partnerships. Turnover tax returns shall be submitted quarterly using a pay-in slip.
The regulations also say that the payments shall be made by the 20th day of the month
immediately following the end of the tax quarter.
8.7 Allowances:
• Capital expenditure incurred in acquisition of an indefeasible right to use a fibre optic cable
by a telecommunication operator granted deduction of 5% per annum.
• Allowance is granted at 25% per annum on cost of commercial buildings.
• Telecommunication equipment has been granted specific allowance at 20% per annum on
cost.
• Qualifying cost of machinery and buildings on investment deduction has been capped to
Kshs. 200 million. i.e. for buildings or machinery to qualify for investment deduction, their
cost must be Kshs. 200 million or more.
• An investment deduction has been introduced on filming equipment. It has been granted at
100%.
• A special incentive has been introduced for investment in the satellite towns adjoining
Nairobi, Mombasa or Kisumu at 150%. This is to decongest the three cities. It is also an
incentive to encourage regional growth.
• Expenditure on computer software is allowable at 5% per annum.
8.8 Taxpayer Education
The Kenya Revenue Authority (KRA), in its quest to modernise the Kenyan tax system, is holding
seminars to sensitise the taxpayers on the importance of paying tax. The Kenya Revenue
Authority also creates awareness to the taxpayers on their rights and obligations, regarding tax
issues. The seminars are being held on a monthly basis.