PKF in Eastern Africa
The Tax Guide includes amendments up to and including the Finance Act 2020 and the Tax Laws (Amendment) Act 2020
The Corona Virus Disease 2019 (COVID-19) continues to expand its global impact on individuals, businesses, communities and governments and, as a result, changing the nature of how business is being conducted. Businesses are navigating through numerous interrelated issues affecting operations, employee welfare, cash and liquidity. The dynamic nature of this pandemic makes it hard to assess what will happen next.
This communique is to assist the pension schemes manage ﬁnancial and liquidity risks. The Authority has given waiver of penalties on late submission of audited accounts as well as human capital risks to give ample time for scheme staff to prepare and approve audited accounts when navigating through the change in working environment.
The Finance Act, 2020 was assented into law by the President on 30 June 2020 with a majority of the proposals in the Finance Bill, 2020 being enacted. Our tax alert analyses the Finance Act, 2020 and clarifies the effective dates for each of the amendments.
We are pleased to share with you the PKF synopsis of the Kenya National Budget 2020/2021.
In the attached document we summarise and provide commentary on the taxation and other proposals included within the Cabinet Secretary’s statement as well as an analysis of the economic performance.
Please feel free to contact your service team at PKF should you have any enquiries.
PKF ran a survey that closed earlier in June 2020 to understand the impact of COVID-19 on businesses in Kenya. We received over 400 responses to our survey providing a good basis to derive meaningful results therefrom.
In this newsletter, we have set-out the responses on an overall and industry-specific level along with our perspective.
Withholding Value Added (VAT) Tax Refunds Withholding VAT was reintroduced through the Finance Act, 2014 and over the years its scope has been significantly widened through the appointment of various agents who have been required to withhold VAT when settling supplier debts. Until the changes implemented under the Finance Act 2019,
6% out of the 16% (now 14%) VAT was required to be withheld by such agents (which dropped to 2% under the Finance Act, 2019). A number of taxpayers ended up with growing VAT credits as a result of such withholding VAT, particularly those taxpayers whose supplies were a combination of zero-rated and standard rated products. The VAT legislation however made no provisions for the refund of the credits related to such withheld VAT.
The Finance Bill, 2020 (Bill) was published for introduction to the National Assembly on 5 May 2020 detailing out various tax and fiscal proposals. The Bill is open for public participation and PKF will be making detailed submissions in relation to the same. It is important to note that the proposals contained in the Bill are not effective until approved by parliament and enacted into law in the form of an Act. The effective date for each proposal will be specified in the Act.
The Tax Laws (Amendment) Act, 2020 (Act) was assented by the President on 25 April 2020 and published on 27 April 2020. Most of the provisions in this Act became effective on the date of assent save for the amendments to Section 5(2) of the Value Added Tax (VAT) Act, 2013 which becomes effective on 15 May 2020. This Tax Alert supersedes our Tax Alert Issue number 2 of 2020 which analysed the provisions of the Bill which has now become law.
On 25 March 2020, President Uhuru Kenyatta announced various measures ‘to cushion every Kenyan from the shocks arising from COVID-19’, with the principle aim of providing certainty to both employees and employers. Subsequently, The Tax Laws (Amendment) Bill, 2020 was Gazetted on 30 March 2020 detailing out these and various other fiscal proposals. This is in addition to the reduction of the Value Added Tax (VAT) rate to 14% which was effected on 1 April 2020.
President Uhuru Kenyatta rolled out various measures ‘to cushion every Kenyan from the shocks arising from COVID-19’, with the principle aim of providing certainty to both employees and employers. We have summarised the proposed measures from the President’s statement in this alert. We however expect more details about these measures, including effective dates to be included in a Bill and subsequently an Act of Parliament or through Gazette notices. We will issue a more detailed alert when this information is available.
The PKF 2019 - 2020 Quick Tax Guide highlights the recent changes of the Finance Act 2019 assented by the President.
Attached are the tax proposals in the Financial Act 2019 with the earliest having an effective date of 7 November 2019 and the rest becoming effective from 1 January 2020.
The new Tax Procedures Law officially known as the Law No. 026/2019 of 18/09/2019 on Tax Procedures was published in the official gazette on 10 October 2019 and came into force on the same day. This new law repeals the previous Law No. 25/2005 of 04/12/2005 on Tax Procedures which had been in force since 2005.
Several amendments have been made and in this newsletter, we have highlighted some of the changes that we opine may have a fundamental impact on the way you do business in Rwanda in terms of tax procedures.
There have been several changes in tax legislation and how the Kenya Revenue Authority (KRA) is handling certain tax matters over the past couple of months. This tax alert gives an overview of these tax changes and developments.
We are pleased to attach the PKF Kenya Budget Review Analysis for the year 2019/2020. The document includes our commentary on the economy as well as the amendments proposed in the Finance Bill, 2019. The Finance Act, 2019 may bring in additional amendments and we will keep you updated on the same.
This journal is an extension to our Feb 19 journal which had put the EFD under spotlight. In this journal we aim to address common questions a taxpayer faces during the process of issuing a tax invoice, claiming the same and mechanics for processing credit notes.
This Tax Alert highlights the facts of the recent High Court ruling on the Double Taxation Agreement between Kenya and Mauritius and the recent developments with respect to Value Added Tax (“VAT”).
The corporate laws and operating environment affecting companies in Kenya are gradually changing as the Government and various stakeholders aim to ease doing business in the Country as well as minimize the related costs for setting up a business. We here below outline the various developments in this second issue.
This issue addresses the Statement of tax accounts and Addressing tax account variances