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Impact of 30% rental income tax on housing development in Kenya
Ndaragwa
#41 Posted : Thursday, June 14, 2012 9:56:51 PM
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Joined: 3/12/2011
Posts: 108
Ali Baba wrote:
NDARAGWA:Foreign earned income clause exempts Kenyans in US who pay taxes in another jurisdiction the amount subsequently paid.Don't get complicated with tax treaties.Its already there.However,Kenyans in diaspora acts are illegal of failing to declare rental income in any jurisdiction...


You said it well Ali Baba - Kenyans in diaspora should be on the proper side of the law by paying taxes on rental income to some jurisdiction.
Bachuma Gate
#42 Posted : Thursday, June 14, 2012 10:15:08 PM
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Joined: 3/26/2012
Posts: 280
Ali Baba - I really wish you can address the points that I put out to you and alma. Since we are all investors in wazua, give us your honest thoughts. 1. ROI 2. Implication on mortgaged houses with tenants.

Assume KRA has netted the Landlords and they are paying taxes .
DOH
Bachuma Gate
#43 Posted : Thursday, June 14, 2012 10:25:46 PM
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Joined: 3/26/2012
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To my fellow wazuas - How does this play out on rental properties in Kajiado, Mtwapa, Karatina, Nyeri, Kiambu, Thika, Voi, Kitale, Meru, Isiolo, Busia, Garissa, Kisii, Kericho,, Machakos, Kakamega. To me at the end of the day is ROI. If I get more money with rooms in Isiolo, Kajiado or Meru. Why not put tuu rooms in these small towns than buy Apartment in Greenspan and get 10K less tax after investing 4.8m. 20 rooms in Busia or Meru will give me 40K and my investment will be no more than 2m. That is why I want us to discuss from an investment perpective.
DOH
alma
#44 Posted : Thursday, June 14, 2012 10:50:36 PM
Rank: Elder


Joined: 7/20/2007
Posts: 4,432
@bachuma you are on the right track. It's all about ROI and obviously the guys getting hit hard are those who like hoarding properties around the city center. Of course those are going to be easier to track. So poleni sana.

If you have been earning 100k at work, bought a few rental flats using a bank loan. Please add your rental income to your tax bill. Unless of course its a company. I'm sure it isn't.

That's my take but knowing how Kenya works I won't hold my breath on that happening.

So you may get a higher ROI in areas outside the norm flat buying in Nairobi.

The good thing is that for the first time guys are going to take a calculator out before buying properties instead of their hearts as is the norm in the current property market. Where people just buy stuff coz its land. Leading to property prices in Kenya higher than prime property in Florida. eish!

The next area will be capital gains on those hoarding property. I'm sure the next KRA guy will implement that.

For those thinking that you can just push up rents, take out your calculator again. Raise rents, raise your taxable income. At the same time run the risk of not renting out your property as I doubt your tenant would be willing to pay your taxes. You might push property prices so high people decide its better to buy than rent. So there goes your golden goose.

Those who have properties had better be careful on how they report their rental properties. The question will always be asked of you, is it income tax or is it a business tax. You pray its the later coz the KRA fellow you're dealing with may just make you pay 30%.

As for Kenyans in the diaspora. I'm not privy to other countries. But in the USA double taxation does not occur if I can prove I paid taxes in the foreign country. So if I pay my taxes in Kenya, I won't have to pay them in my taxes in the USA. Infact I may just declare loses and get rebates for that.

That's my take. I have no problems being corrected.
Jose: If I make it through this thug life, I'll see you one day. The Lord is the only way to stop the hurt.
Ali Baba
#45 Posted : Friday, June 15, 2012 1:28:54 AM
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Joined: 8/29/2008
Posts: 571
BAICHUMA GATE:>>That's simple.ROI will not be lowered.You need to understand that all investment income is taxed.What investors were doing is to increase their ROI ILLEGALLY by not declaring income for taxation purposes.A mortgaged house with tenants.Simply deduct the expenses including mortgage interest and other bank charges then get the net income and add it to your other taxable incomes for taxation(if individual) or if a company,other company income and then pay the corporate tax.Simple.very clear.And no worries.Ebu turipe ushuru,tujitegemee.Sio kugonga KRA.Sawa sawa??
Marty
#46 Posted : Friday, June 15, 2012 8:04:14 AM
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Joined: 3/31/2008
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Location: Nairobi
It'd be totally inappropriate for the tax to be based on gross income. Everyone knows that there are those who have huge mortgages to pay. It is a big possibility that some landlords will hide behind companies and have fictitious expenses to minimize the taxes. Kenyans know how to beat systems and I have feeling as we speak someone is devising ways and means of beating this.
When I admire the wonder of a sunset or the beauty
of the moon, my soul expands in worship of the Creator.
Moorings
#47 Posted : Friday, June 15, 2012 8:25:14 AM
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Joined: 1/3/2011
Posts: 67
Location: nairobi
@Bachuma..am with you on this one. i for one have several "tuu rooms" for rental and yes its all about ROI. My ROI breakeven point is 9 months and without any hassles.
QW25091985
#48 Posted : Friday, June 15, 2012 8:38:35 AM
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Joined: 1/24/2012
Posts: 1,675
Location: In Da Hood
Marty wrote:
It'd be totally inappropriate for the tax to be based on gross income. Everyone knows that there are those who have huge mortgages to pay. It is a big possibility that some landlords will hide behind companies and have fictitious expenses to minimize the taxes. Kenyans know how to beat systems and I have feeling as we speak someone is devising ways and means of beating this.



thats why am proud to be kenyan !
Bachuma Gate
#49 Posted : Friday, June 15, 2012 8:42:05 AM
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Joined: 3/26/2012
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Ali - Lets be practical abit. You buy a massionate in Greenspan for 10million (9.5m + stamp Duty + Legal fees etc). Rental income is 45,000.00 Less maintenance + other running costs of maybe 5,000.00 pm. That leaves you with 40K. After income after tax you end up with 28K income. If I invest this money in T/bills, CP , or Fixed deposit at an average rate of 8% (It can even get upto 15% ), I will get 65k pm. Why would i then want to buy a house for rental ?

Mark you if you borrow 7m. (with down payment of 3m). Interest alone at 17% is 83K. I am seeing a serious slow dow in property development.
DOH
Bachuma Gate
#50 Posted : Friday, June 15, 2012 9:11:34 AM
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On the issue of increasing in rent. I think most landlords will. I had a stall in tao and it happened to me when gova introduce vat on commercial properties. The landlord just past the vat on our rents. So you either take it or leave.

Look at Nyayo Highrise Embakasi. The rents were at 25-27 the other day for 3 bed flat. Because of the new road, they have gone up to 28-30. You can argue that this is marginal. What a landlord will do is to increase rent marginally say by 3-5K to maybe 32K. He then works out his costs such that whatever he pays has a minimal impact on him.

Again demand and supply comes into play here. For one tenant rent of 32K may be high so he moves out. For another, that is the kind of rent he would be comfortable with.

Where I leave, my friends are prepared to pay 5 to 10k more. So they keep telling me to get them a house in my estate. Infact my landlord really wishes I move out as he knows he will get higher rent.

LONG TERM effect is that if there is LITTLE investment in this sector because of ROI, demand will be so high that rents will sky rocket. How may of us can afford to buy houses? It is really a catch twenty twenty and the victim might end up being you and me.
DOH
kyt
#51 Posted : Friday, June 15, 2012 9:14:24 AM
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Joined: 11/7/2007
Posts: 2,182
@Bachuma, thats why i think that this tax thing was hurried and may or may not work.
LOVE WHAT YOU DO, DO WHAT YOU LOVE.
SG
#52 Posted : Friday, June 15, 2012 9:22:09 AM
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Joined: 4/5/2008
Posts: 30
Has the tax structure outsmarted or evolved faster than our brains? Sad

To survive ecocomic regimes businesses thrive on innovation and crafting business models that factor government legislation as business risks. Kenyans need to be smart and burn the midnight oil to think beyond the obvious.
No big deal in paying rental taxes...reform and re-organise informal businesses and pay taxes at your leisure and as desirable smartly within the law, period.smile
Ali Baba
#53 Posted : Friday, June 15, 2012 9:22:27 AM
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Posts: 571
BAICHUMA GATE: I think you are mistaken.The world over,no one would surpass investing in real estate for T Bills/Bonds.The interest rates vary all the time.Like in 2003,Tbill rates was so low.And I have told you before,no one stops investing because of taxes.Look you invest in T bills and such securities while accumulating enough capital to invest in real estate.Please read Robert Kiyosaki's Rich Dad's Guide to Investing---What the rich invest in and what the middle class invest in...The middle class invest they way you are arguing.The rich invest in real estate,and that's why they are rich.And please note all investment income is taxable.
Bachuma Gate
#54 Posted : Friday, June 15, 2012 9:28:02 AM
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Posts: 280
They invest where they get reasonable returns. Rents where Kiyosaki comes from are not same with here in kenya where you invest 4.6m to get 10k per month.
DOH
Ali Baba
#55 Posted : Friday, June 15, 2012 9:39:11 AM
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Posts: 571
BAICHUMA GATE: The ground rules are the same.And mind you,wherever you go to invest for decent returns are still taxable---unless you invest in drug trafficking.
tonicasert
#56 Posted : Friday, June 15, 2012 9:39:33 AM
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Joined: 3/10/2008
Posts: 301
Location: Abu Dhabi
The little tax i know, if u own a huge property portfolio, how about forming a company and claiming depreciation on property as an expense, netted off against rental income in calculating taxable income as a way of tax avoidance (not evasion)
Ceinz
#57 Posted : Friday, June 15, 2012 9:41:28 AM
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Joined: 5/7/2009
Posts: 1,032
Location: Sea of Transquility
This topic reads like the tale of Ali Baba and the forty thieves (Read Wazua tax evaders).

Anyway am concerned on the impact of the new tax to commercial tenants who are already burdened with high speculative rents, VAT @ 16% and now this tax that will be pushed to them. Cost of commercial premises will surely be unsustainable.

As suggested above, there is likely to be a new trend where rental developments will change ownership to companies so that only the net income is taxed.
“small step for man”
Bachuma Gate
#58 Posted : Friday, June 15, 2012 9:53:51 AM
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Joined: 3/26/2012
Posts: 280
Ali- If it were you would you invest 10million to get 28k as per my Greenspan example. Its very practical. I dont think Koyosaki would be impressed.
DOH
Wendz
#59 Posted : Friday, June 15, 2012 9:59:01 AM
Rank: Elder


Joined: 6/19/2008
Posts: 4,268
My only concern about investing on rental income especially with our current interest rates is that it was not making financial sense to me before the taxes... i don't know how much it would do after the taxes. However, my way of investing reasonably in real estate and which has worked for me is in capital gains. Even with taxes, you cant beat the ROI which has been higher YIYO. This may change in future, but currently, its a safe haven for investors given that there are not taxes on capital gains. Residential rental income, especially for houses costing 4m+ has been a disaster as an investment.

As an investor, i wouldn't purchase a house for renting, but if i have enough money, i can build one for renting. Why? Because our sales prices are exaggerated and the interest rates are a killer vis a vis the income you'll get. But when you build, its almost 50% cheaper hence the ROI is higher if you rent when you have built it yourself.
Ali Baba
#60 Posted : Friday, June 15, 2012 10:05:21 AM
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Joined: 8/29/2008
Posts: 571
BAICHUMA GATE: You are still mistaken.When you invest 10m and get rent of shs 45,000/month.Your profit before tax =45000*12=shs 540,000 per year.Then deduct your shs5K/month expenses=5000*12=60,000,therefore net profit/year=shs 540,000-60,000=shs480,000.Its not bad!!! Then tax at 30%=shs 144,000.Your profit after tax=shs 480,000-144,000=shs336,000 per year for life.Not a bad investment.TBill rates would change from say 20% to 3% ....and hence very unreliable.I would invest in a house.Plus,I don't know why we are arguing.tax on landlords is not new.It has been in Income Tax Act Cap 470 for a longtime....only that people like you chose to evade.Well,the 40 days are over my friends.Time to talk to Njiraini.....
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