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Transfer Pricing Update

In this alert GT is sharing key highlights of the changes adopted from the proposed Finance Bill 2023 affecting different tax streams highlighted above.

In this issue, we review the key tax measures that have taken place in selected African countries from 2022 to date.

The Finance Bill 2023(“The Bill”), was tabled to the National Assembly on 04 May 2023 for the first reading. The proposals in the Bill are likely to have a significant impact on stakeholders if implemented as it is. In this Tax Alert, we analyse changes proposed by the Bill and the potential implications.

The prospects and potentiality of the United Kingdom (UK)- Kenya trade deals were eventually formalized into an Economic Partnership Agreement (EPA) that was signed by both parties on 8 December 2020.

The President directed the National Treasury to relook at the tax reliefs enacted earlier this year in a bid to cushion the public from the adverse effects of COVID-19.

What is the Voluntary Tax Disclosure Programme (VDP)? VDP is a programme introduced by the government to allow tax payers to disclose tax liabilities accrued within a period of five years prior to 1st July 2020 in confidence. In return taxpayers will be granted relief for penalties and interest.

Digital service tax, Maryann Kamau, Grant Thornton Kenya, Tax services, Kenya Revenue Authority

VAT on the digital marketplace was introduced by the Finance Act 2019, which amended the Value Added Tax Act No. 35 of 2013

Section 67 of the Value Added Tax Act, 2013 (VAT Act) confers powers to the Cabinet Secretary(CS) for the National Treasury and Planning

Section 4 of the Finance Act 2020, introduces a minimum tax regime of 1%. There will be a minimum tax of 1% tax applicable on the gross revenue made by a business whose installment taxes for the year of income is less than that of minimum tax. The Minimum Tax shall also be applicable on gross incomes not specifically exempt under the First Schedule of the ITA.

The hotel industry is dealing with an unprecedented crisis due to the disruption caused by the global COVID-19 pandemic. With hotels shut or operating at severely reduced capacity and with customers in lockdown, we look at the steps businesses can take to not only survive but put themselves in the best position for reopening.

Kenya has been experiencing depressed economic activity attributed mainly to its debt burden which some have called unsustainable. Current indications are that this will continue for the foreseeable future due to the Covid-19 pandemic. Measures taken by the Government of Kenya including, reducing the VAT rate from 16-14 per cent

The Finance Bill, 2020 came in a week after the passing of The Tax Laws (Amendment) Act, 2020 on 25th April 2020. The Bill contains a few proposals similar to those introduced to the Tax Amendment Bill, 2020 and were rejected - which contravenes standing order 141(1) of the National assembly.

Implications of the measures taken by East Africa Community partner states

The Tax Laws (Amendment) Act, 2020 ( herein referred to as “Tax (Amendment) Act”) was assented into law by the president on 25th April 2020.