Blog - Tax Law Advisory

Tax Law Advisory

Kb Cottages Nairobi Limited V Commissioner Of Domestic Taxes (tax Appeal E1072 Of 2024)

This case centered on Section 15(7)(a) and (b) of the Income Tax Act, which requires income from specified sources such as rent, employment, or agriculture to be computed separately. Losses from one ...

Tax Law Advisory

Transferring Property Into And Out Of Family Trusts: Will You Pay Tax?

Family trusts have become an increasingly popular tool in estate planning, especially in Kenya. A family trust allows the settlor (the person creating the trust) to transfer property (both movable and...

Tax Law Advisory

Navigating Tax Refunds In Kenya: Insights From Standard Chartered Bank's Appeal

The utilisation of overpaid tax or tax credit to offset any outstanding tax liability constitutes a refund of the overpaid tax. To do so, the procedure outlined under Section 47 of the Tax Procedures ...

Tax Law Advisory

Pitfalls To Avoid When Lodging An Objection To Kra's Tax Assessments: Taxpayer Losses Appeal Worth Kes 525 Million Due To The Failure To Lodge A Valid Objection As Stipulated Under Section 51 (3) Of The Tpa.

Section 51 (3) of the Tax Procedures Act (TPA) provides that: - A Notice of Objection shall be treated as validly lodged by a taxpayer under subsection (2) if—...

Tax Law Advisory

How Capital Gains Tax Applies To Your Inheritance

Where a beneficiary sells inherited property to an independent third party, the gain on the sale will be calculated as the transfer value (sale price) less the acquisition cost....

Tax Law Advisory

Exemption From Taxation Or The Entitlement To Privileges And Immunities As Specified In The Privileges Act Is Not Guaranteed For Employees Of Diplomatic Organizations: Un Employees Found Liable To Pay Income Tax.

The Privileges and Immunities Act CAP 179 of Kenya’s Laws provides for exemption from taxes to certain organizations or persons. Section 18 (b) Article V of the Convention on the Privileges and Immu...

Tax Law Advisory

The Importance Of Proper Record-keeping In Tax Compliance In Kenya

Tax compliance is a fundamental aspect of running a business in Kenya. Proper record-keeping and bookkeeping procedures are essential not only for fulfilling tax obligations but also for defending tax...

Tax Law Advisory

Kenafric Bakery Limited V Commissioner, Domestic Taxes (income Tax Appeal E070 Of 2020) [2023]

Tax Laws Are Dynamic. What Happens When a Previously Exempt Good or Service Becomes Zero-Rated? Can the Law Apply Retrospectively to Allow Taxpayers to Deduct Input VAT Incurred on Supplies Made Befor...

Tax Law Advisory

Legal Advisory On The Vat Implications Of Sale Of Seized Property Through Auction - Kcb Bank Kenya Limited V Commissioner Legal Services & Board Coordination (tax Appeal E023 Of 2024) [2025]

The Tax Appeals Tribunal was recently confronted with the question of whether the sale of seized motor vehicles through auction by KCB Bank to recover bad debts is subject to VAT. ...