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By Victor Lando, Senior Associate at Grant Thornton.

The Kenyan VAT system includes specific provisions for taxing imported services. The VAT Act, 2013 (“VAT Act”) and to be specific Part IV, Place and Time of Supply, Section 10, covers matters related to VAT on imported services. 

What Qualifies as an Imported Service?

Section 2 of the VAT Act, defines the term importation as follows:

"importation" means to bring or cause to be brought into Kenya from a foreign country, a special economic zone enterprise, or from an export processing zone.

To further understand how and when a service is deemed imported, the same section of the VAT Act provides the following conditions:

  • The supply is made by a person who is not a registered person to any person;
  • The supply would have been a taxable supply if it had been made in Kenya; and
  • In the case of a registered person, the person would not have been entitled to the full amount of input tax payable if the services had been acquired by that person in a taxable supply.

It is thus important to have knowledge of the below:

  • The Kenyan recipient (not the foreign supplier) accounts for and pays the VAT.
  • It is treated as a self-supply, meaning the recipient acts as both supplier and recipient for VAT purposes.
  • The standard VAT rate of 16% is applied to the service’s open market value or the consideration paid.